TERMS AND CONDITIONS

of the business company

Euroshooting, s.r.o.
registered office: Praha 4 – Krč, Bystřická 521/4, 140 00
Company ID No.: 241 86 881

Premises

Euroshooting sro

VEJVANOV 119

CZ-338 28 Radnice

Mon–Thursday 8:00–12:00 by prior appointment only!
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 186789

for the sale of goods via the online store located at: www.euroshooting.eu

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of Euroshooting, s.r.o., registered office Praha 4 – Krč, Bystřická 521/4, 140 00, Company ID No.: 241 86 881, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 186789 (hereinafter the “Seller”) govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of, a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another legal entity or an adult natural person (hereinafter the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.euroshooting.eu (hereinafter the “Website”), via the Website interface (hereinafter the “Online Store Interface”).

1.2. Where a person intending to purchase goods from the Seller is a legal entity or a natural person acting, when ordering goods, within the scope of its business activity or within the scope of independent professional practice, the relationship between the Seller and such person is also governed by the special provisions of Article 12 of these Terms and Conditions.

1.3. Deviating provisions from these Terms and Conditions may be agreed in the Purchase Agreement. Deviating arrangements in the Purchase Agreement prevail over the provisions of these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This shall not affect rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer may access its user interface. From its user interface, the Buyer may order goods (hereinafter the “User Account”). If the Online Store Interface allows it, the Buyer may also order goods without registration directly from the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information stated in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary for access to the User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer does not use the User Account for more than six (6) months, or if the Buyer breaches its obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of hardware and software of third parties.

3. FIREARMS AND AMMUNITION

3.1. The Buyer acknowledges that the goods presented by the Seller in the Online Store Interface may be subject to regulation under Act No. 90/2024 Coll., as amended (hereinafter the “Firearms Act”).

3.2. Pursuant to Section 14a(1) of the Firearms Act, a category R4 firearm may be acquired into ownership, possessed and carried by a natural person who is over 18 years of age, fully legally competent and has a place of residence in the Czech Republic. Category C-I firearms may also be acquired into ownership and possessed by a legal entity having its registered office or a branch plant in the Czech Republic. A holder of a category R4 firearm is obliged, in the manner and to the extent stipulated by legal regulations, to notify the competent police department of the acquisition of ownership of a category R4 firearm or the transfer of ownership of a category R4 firearm it has previously handled, within 10 working days from the day on which this occurred, and to keep records of category R4 firearms that are the subject of its business activity, if it is an entrepreneur in the field of firearms and ammunition.

3.3. A Buyer who is a natural person wishing to purchase from the Seller goods that constitute a category C-I firearm hereby declares that it is over 18 years of age, fully legally competent and has a place of residence in the Czech Republic. A Buyer who is a legal entity is obliged, upon the Seller’s request, to always provide a document proving its existence and registered office or branch plant. A Buyer who is a natural person is obliged, upon the Seller’s request, to always provide the Seller with proof of its age and place of residence. If the Buyer breaches its obligation under the preceding sentence, the Seller may withdraw from the Purchase Agreement at any time (if the Purchase Agreement has already been concluded).

3.4. Pursuant to Section 15(1) of the Firearms Act, a category D firearm or ammunition for such firearm may be acquired into ownership and possessed or carried by a natural person over 18 years of age with legal capacity. A category D firearm or ammunition for such firearm may also be acquired into ownership and possessed by a legal entity.

3.5. A Buyer who is a natural person wishing to purchase from the Seller goods that constitute a category D firearm or ammunition hereby declares that it is over 18 years of age and fully legally competent. A Buyer who is a legal entity is obliged, upon the Seller’s request, to always provide a document proving its existence. A Buyer who is a natural person is obliged, upon the Seller’s request, to always provide the Seller with proof of its age. If the Buyer breaches its obligation under the preceding sentence, the Seller may withdraw from the Purchase Agreement at any time (if the Purchase Agreement has already been concluded).

3.6. If any declaration of the Buyer referred to above proves to be untrue and the Seller suffers any harm as a result (including public-law sanctions or costs of representation in dealings with public authorities), the Buyer undertakes to compensate the Seller for such harm without undue delay.

3.7. With regard to category R1/R2/R3/R4 firearms and ammunition, it is not possible to conclude a contract with the Seller through the Online Store Interface. Category R3 and R4 firearms and ammunition may be purchased from the Seller only in the physical presence of the parties and after meeting all prerequisites required by generally binding legal regulations. [JA1]

4. CONCLUSION OF THE PURCHASE AGREEMENT

4.1. Any presentation of goods placed in the Online Store Interface is for information purposes only and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

4.2. The Online Store Interface contains information about the goods, including prices of individual goods and the costs of returning the goods where, by their nature, such goods cannot be returned by usual postal means. Prices are stated including value added tax and all related fees. Prices remain valid for as long as they are displayed in the Online Store Interface. This provision does not limit the Seller’s possibility to conclude a Purchase Agreement under individually negotiated conditions.

4.3. The Buyer acknowledges that, given the nature of the goods stated in the Online Store Interface, goods may not be available in stock at the Seller. Delivery times for such goods will be communicated to the Buyer.

4.4. The Online Store Interface also contains information on costs related to packaging and delivery of goods. Unless expressly stated otherwise, information on packaging and delivery costs applies only where goods are delivered within the territory of the Czech Republic. Where the Seller offers free delivery, the condition for the Buyer’s entitlement to free delivery is payment of the minimum total purchase price of the delivered goods in the amount stated in the Online Store Interface. In the event of partial withdrawal from the Purchase Agreement by the Buyer and the total purchase price of the goods not withdrawn from does not reach the minimum required for free delivery, the Buyer’s right to free delivery ceases and the Buyer is obliged to pay the delivery costs to the Seller.

4.5. In order to order goods, the Buyer fills in the order form in the Online Store Interface. The order form contains in particular information about:

4.5.1. the ordered goods (the Buyer “puts” the ordered goods into the electronic shopping cart of the Online Store Interface),

4.5.2. the method of payment of the purchase price of the goods, information on the requested method of delivery of the ordered goods, and

4.5.3. information on the costs associated with delivery of the goods (hereinafter collectively referred to as the “Order”).

4.6. Before submitting the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including the possibility to detect and correct errors arising when entering data into the Order. The Buyer submits the Order to the Seller by clicking the “ ” button. The data stated in the Order are considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail to the Buyer’s e-mail address stated in the user interface or in the Order (hereinafter the “Buyer’s E-mail Address”).

4.7. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), to ask the Buyer for additional confirmation of the Order (e.g., in writing or by phone).

4.8. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.

4.9. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with concluding the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer and do not differ from the basic rate.

5. PRICE OF GOODS AND PAYMENT TERMS

5.1. The Buyer may pay the purchase price and any costs associated with delivery of the goods under the Purchase Agreement to the Seller in cash at the Seller’s premises, or cash on delivery at the place specified by the Buyer in the Order, or by cashless bank transfer to the Seller’s account No. 476340043/0300, maintained with Československá obchodní banka, a.s. (hereinafter collectively the “Seller’s Account”). [JA2]

5.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include delivery costs.

5.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect Article 5.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.

5.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within seven (7) days from conclusion of the Purchase Agreement.

5.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the variable symbol. In the case of cashless payment, the Buyer’s obligation to pay is fulfilled when the relevant amount is credited to the Seller’s Account.

5.6. The Seller is entitled, especially if the Buyer does not additionally confirm the Order (Article 4.7), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

5.7. Any discounts from the price of goods granted by the Seller to the Buyer may not be combined.

5.8. If customary in business dealings or required by generally binding legal regulations, the Seller shall issue a tax document – invoice for payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the invoice after payment of the purchase price and send it electronically to the Buyer’s E-mail Address.

6. WITHDRAWAL FROM THE PURCHASE AGREEMENT

6.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, 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, from a Purchase Agreement for the supply of goods subject to rapid deterioration, 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.

6.2. Unless it is a case under Article 6.1 or another case where withdrawal is not possible, the Buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code within fourteen (14) days from receipt of the goods; where the subject of the Purchase Agreement is several types of goods or delivery in several parts, the period runs from the day of receipt of the last delivery. Withdrawal must be sent to the Seller within the period stated above. For withdrawal, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send withdrawal, among other ways, to the Seller’s premises address or to the Seller’s e-mail address [to be filled in].

6.3. In case of withdrawal under Article 6.2, the Purchase Agreement is cancelled from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days from delivery of the withdrawal to the Seller. If the Buyer withdraws, the Buyer bears the costs of returning the goods to the Seller, even where the goods cannot be returned by usual postal means due to their nature. Where goods cannot be returned by usual postal means, the return costs are stated on the Website.

6.4. In case of withdrawal under Article 6.2, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal, using the same method by which the Seller received them. The Seller is also entitled to return the performance already when the goods are returned by the Buyer or in another manner, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws, the Seller is not obliged to return the funds before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.

6.5. The Seller is entitled to unilaterally set off its claim for compensation for damage to the goods against the Buyer’s claim for refund of the purchase price.

6.6. In cases where the Buyer has the right to withdraw pursuant to Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer receives the goods. In such case the Seller shall return the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.

6.7. If a gift is provided together with the goods, the gift agreement is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement becomes ineffective and the Buyer is obliged to return the gift together with the goods to the Seller.

7. TRANSPORT AND DELIVERY OF GOODS

7.1. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such transport.

7.2. 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 the goods upon delivery.

7.3. If, due to reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner different from that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery, or the costs associated with another delivery method.

7.4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier without undue delay. If damage to the packaging indicating unauthorised entry into the shipment is found, the Buyer need not accept the shipment. This does not affect the Buyer’s rights arising from liability for defects and other rights under generally binding legal regulations.

7.5. Further rights and obligations of the parties in transport may be governed by special delivery terms of the Seller, if issued by the Seller.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. Rights and obligations of the parties regarding rights from defective performance are governed by relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

8.2. The Seller is liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable that at the time the Buyer received the goods:

8.2.1. the goods have the properties agreed by the parties; if not agreed, they have such properties as described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising performed by them,

8.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,

8.2.3. the goods correspond in quality or design to the agreed sample or template, if quality or design was determined according to the agreed sample or template,

8.2.4. the goods are in the corresponding quantity, measure or weight, and

8.2.5. the goods comply with the requirements of legal regulations.

8.3. If a defect becomes apparent within six months from receipt, it is presumed that the goods were defective already upon receipt.

8.4. The Seller’s obligations from defective performance are at least to the extent the manufacturer’s obligations exist. The Buyer is otherwise entitled to assert rights from a defect that occurs in consumer goods within twenty-four months from receipt. If a period during which the goods can be used is stated on the goods, packaging, instructions or in advertising, the provisions on warranty for quality apply. Under a warranty for quality, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain time or will retain usual properties. If the Buyer rightfully complained about a defect, the period for asserting rights from defective performance and the warranty period do not run during the time the Buyer cannot use the defective goods.

8.5. Article 8.4 does not apply to goods sold at a lower price due to the defect for which the lower price was agreed; to wear and tear caused by usual use; to used goods regarding a defect corresponding to the degree of use or wear the goods had upon receipt; or where it follows from the nature of the goods. The Buyer has no rights from defective performance if the Buyer knew about the defect before receipt or caused the defect itself.

8.6. Rights from liability for defects are asserted with the Seller. However, if the confirmation issued by the Seller regarding the scope of rights (within the meaning of Section 2166 of the Civil Code) states another person designated for repair, located at the Seller’s place or closer to the Buyer, the Buyer shall assert the right to repair with that designated person. Except where another person is designated, the Seller is obliged to accept complaints at any premises where acceptance is possible with regard to the assortment, or at the Seller’s registered office or place of business. The Seller is obliged to issue written confirmation to the Buyer stating when the right was asserted, what the complaint contains, and which method of settlement the Buyer requests; and further confirmation of the date and method of settlement, including confirmation of repair and its duration, or written justification of rejection. This obligation also applies to other persons designated by the Seller to perform repairs.

8.7. The Buyer may in particular assert rights from liability for defects personally at [to be filled in], by phone at [to be filled in], or by e-mail at [to be filled in].

8.8. The Buyer shall inform the Seller which right it has chosen when reporting the defect, or without undue delay thereafter. The Buyer may not change the chosen option without the Seller’s consent; this does not apply if the Buyer requested repair and the defect proves irreparable.

8.9. If the goods do not have the properties stated in Article 8.2, the Buyer may require delivery of new goods without defects unless this is disproportionate given the nature of the defect; if the defect concerns only a part of the goods, the Buyer may request replacement of that part; if that is not possible, the Buyer may withdraw from the contract. If this would be disproportionate, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer also has the right to delivery of new goods or replacement of a part in the case of a removable defect if it cannot properly use the goods due to repeated occurrence after repair or due to a larger number of defects; in that case the Buyer may also withdraw. If the Buyer does not withdraw or does not assert the right to new goods, replacement or repair, it may request a reasonable discount. The Buyer has the right to a reasonable discount also if the Seller cannot deliver new goods without defects, replace a part or repair the goods, or if the Seller does not remedy within a reasonable time or remedy would cause the Buyer significant difficulties.

8.10. A person entitled under Section 1923 of the Civil Code is also entitled to compensation of costs reasonably incurred in asserting that right. However, if the right to compensation is not asserted within one month after the expiry of the period in which the defect must be notified, the court will not grant it if the Seller objects that it was not asserted in time.

8.11. Further rights and obligations related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure, if issued.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

9.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

9.2. The Seller is not bound towards the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

9.3. The Seller handles consumer complaints via the e-mail address [to be filled in]. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s e-mail address.

9.4. The competent authority for out-of-court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used for disputes between the Seller and the Buyer.

9.5. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, is the contact point under Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.

9.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade-licence supervision is carried out by the competent trade licensing office. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to the defined extent.

9.7. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

10. PERSONAL DATA PROTECTION

10.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 (GDPR) related to processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, negotiations on the Purchase Agreement and fulfilment of the Seller’s public-law obligations through a separate document.

11. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

11.1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, with the sending of commercial communications by the Seller to the Buyer’s e-mail address or telephone number. The Seller fulfils its information obligation under Article 13 GDPR related to processing for the purpose of sending commercial communications through a separate document.

11.2. The Seller fulfils its statutory obligations related to storing cookies on the Buyer’s device through a separate document.

12. SPECIAL PROVISIONS WHERE THE BUYER IS NOT A CONSUMER

12.1. For relationships between the Seller and a Buyer who is not a consumer, Articles 6.1–6.5, Article 8, Articles 9.2–9.6 and Articles 14.2–14.4 of these Terms and Conditions shall not apply.

12.2. If the Buyer is not a consumer and the Seller hands over goods to a carrier for transport to the Buyer, the risk of damage passes to the Buyer upon handover of the goods to the first carrier for transport to the place of destination. In this case, “handover to the Buyer” means handover to the first carrier for transport for the Buyer.

12.3. For relationships between the Seller and a Buyer who is an entrepreneur, the application of Sections 1799 and 1800 of the Civil Code is excluded.

12.4. For relationships between the Seller and a Buyer who is an entrepreneur, the application of established trade customs within the meaning of Section 558(2) of the Civil Code is excluded.

12.5. Where the Buyer is not a consumer, the Seller is entitled to withdraw from the Purchase Agreement at any time until the Buyer receives the goods. In such case the Seller shall return the purchase price without undue delay by bank transfer to the account designated by the Buyer.

12.6. Where the Buyer is not a consumer, the Buyer may require payment of an advance on the purchase price of the goods.

13. SERVICE OF DOCUMENTS

13.1. Documents may be served on the Buyer at the Buyer’s E-mail Address.

14. FINAL PROVISIONS

14.1. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship is governed by Czech law. By choosing the law under the preceding sentence, the consumer is not deprived of protection provided by mandatory provisions that would otherwise apply pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

14.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid/ineffective provision. Invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

14.3. The Purchase Agreement including these Terms and Conditions is archived by the Seller in electronic form and is not accessible.

14.4. An annex to these Terms and Conditions is a model withdrawal form.

14.5. Seller’s contact details: address for service [to be filled in], e-mail [to be filled in], telephone [to be filled in].

In Vejvanov on 6 May 2022
Euroshooting, s.r.o.

Collection point for goods and dispatch exclusively: Vejvanov 119, 33828 Radnice