TERMS AND CONDITIONS

CoolSkates – Alena Miketová
Registered office: Jeremiášova 5, 779 00 Olomouc, Czech Republic
Company ID (IČO): 478 44 124
Online store: www.coolskates.cz

These Terms and Conditions govern the sale of goods through the online store located at www.coolskates.cz 

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (the “Terms”) of CoolSkates – Alena Miketová with registered office Jeremiášova 5, 779 00 Olomouc, Czech Republic, Company ID 478 44 124 (the “Seller”) govern the mutual rights and obligations arising in connection with or based on a purchase contract (the “Purchase Contract”) concluded between the Seller and a natural person acting as a consumer (the “Buyer”) via the Seller’s online store.

1.2. These Terms do not apply where the person intending to purchase goods from the Seller is a legal entity, or a person acting within the scope of their business activity or independent professional practice.

1.3. Any provisions deviating from these Terms may be agreed in the Purchase Contract. Deviating provisions shall prevail over these Terms.

1.4. The Purchase Contract and these Terms are drawn up in the Czech language. The Seller may provide an English translation for convenience; in case of discrepancies, the Czech version shall prevail.

1.5. The Seller may amend or supplement these Terms. Such changes shall not affect rights and obligations arising during the effectiveness of the previous version.

2. USER ACCOUNT

2.1. Based on a registration carried out on the website, the Buyer may access their user interface. From the user interface the Buyer may place orders for goods (the “User Account”). If the web interface allows, the Buyer may also order goods without registration directly via the web interface.

2.2. When registering on the website and when ordering goods, the Buyer must provide accurate and truthful information. The Buyer must update the information 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 must keep confidential information necessary to access their 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, especially if the Buyer does not use it for an extended period or if the Buyer breaches their obligations under the Purchase Contract (including these Terms).

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

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. Any presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods.

3.2. The web interface of the store contains information about goods, including the prices of individual goods. Prices are stated including VAT and all related charges, unless explicitly stated otherwise. Prices remain valid as long as they are displayed in the web interface of the store. This does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.

3.3. The web interface of the store also contains information about costs associated with packaging and delivery of goods. Information on packaging and delivery costs shown in the web interface applies primarily to deliveries within the Czech Republic; for international deliveries, the applicable delivery costs are displayed at checkout according to the selected destination.

3.4. To order goods, the Buyer fills in an order form in the web interface of the store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are “placed” by the Buyer into the electronic shopping cart of the web interface),
3.4.2. the method of payment of the purchase price, the required method of delivery of the ordered goods, and
3.4.3. information on costs associated with delivery of the goods (together the “Order”).

3.5. 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 made when entering data. The Buyer submits the Order by clicking the “SUBMIT ORDER” button. The data stated in the Order is considered correct by the Seller.

3.6. Submitting the Order is considered an act by which the Buyer unequivocally identifies the ordered goods, the purchase price, the Buyer, the payment method and constitutes a binding proposal to conclude a Purchase Contract. The validity of the Order is conditional upon completing all mandatory fields, familiarising oneself with these Terms, and confirming such familiarisation.

3.7. The Seller shall confirm receipt of the Order to the Buyer without undue delay by email to the Buyer’s email address stated in the User Account or in the Order (the “Buyer’s Email Address”).

3.8. The Seller is always entitled, depending on the nature of the Order (quantity, purchase price, expected delivery costs), to request additional confirmation of the Order (e.g. in writing or by phone).

3.9. The proposal to conclude a Purchase Contract in the form of an Order is valid for fifteen (15) days.

3.10. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer via email to the Buyer’s Email Address.

3.11. If the Seller cannot meet any of the requirements stated in the Order, the Seller shall send the Buyer a modified offer to the Buyer’s Email Address, stating possible variants, and shall request the Buyer’s position.

3.12. A modified offer is considered a new proposal to conclude a Purchase Contract, and in such case the Purchase Contract is concluded upon the Buyer’s acceptance via email.

3.13. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication (internet connection, telephone calls) are borne by the Buyer and do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of goods and any costs associated with delivery under the Purchase Contract by the following methods:

4.1.1. non-cash transfer to the Seller’s bank account stated on the invoice,
4.1.2. non-cash via a payment service provider,
4.1.3. non-cash by payment card.

4.2. Together with the purchase price, the Buyer is obliged to pay the costs associated with packaging and delivery in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes delivery costs.

4.3. The Seller does not require a deposit or other similar payment in advance, without prejudice to the Seller’s right to request payment before dispatch in accordance with Article 4.5.

4.4. In case of non-cash payment by bank transfer, the Buyer must pay the purchase price together with the payment reference details. The Buyer’s obligation is fulfilled when the relevant amount is credited to the Seller’s account.

4.5. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order when requested, to require payment of the full purchase price before dispatching the goods.

4.6. Any discounts provided by the Seller cannot be combined unless explicitly stated.

4.7. Where required by law, the Seller shall issue a tax document (invoice). The invoice will be sent electronically to the Buyer’s Email Address or included in the shipment.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT (14 DAYS)

5.1. The Buyer acknowledges that the right to withdraw does not apply, in particular, to contracts for:

5.1.1. goods whose price depends on fluctuations in the financial market beyond the Seller’s control,
5.1.2. goods made to the Buyer’s specifications or clearly personalised,
5.1.3. goods in sealed packaging which the Buyer has unsealed and which cannot be returned for hygiene reasons,
5.1.4. digital content not supplied on a tangible medium, if the performance has begun with the Buyer’s prior express consent and acknowledgment that they lose the right of withdrawal.

5.2. Unless the case in Article 5.1 applies, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from receipt of the goods. If the subject is multiple goods or partial deliveries, the period runs from receipt of the last delivery. MODEL WITHDRAWAL FORM

5.3. The Buyer may use the model withdrawal form provided by the Seller (annex to these Terms). For delivery of the withdrawal notice, Article 11 applies.

5.4. If the Buyer withdraws under Article 5.2, the Purchase Contract is cancelled from the beginning. The Buyer must return the goods within fourteen (14) days from withdrawal. The Buyer bears the direct cost of returning the goods, including cases where the goods cannot be returned by regular mail due to their nature.

5.5. Upon withdrawal, the Seller shall refund all payments received from the Buyer, including delivery costs corresponding to the cheapest offered delivery method, within fourteen (14) days from withdrawal, but not earlier than after the Seller receives the returned goods or the Buyer proves dispatch of the goods.

5.6. The returned goods must be returned in the condition in which the Buyer received them, taking into account handling necessary to establish the nature, characteristics and functioning of the goods. “Trying on” means only handling comparable to a brick-and-mortar shop (e.g. putting the skates on and briefly checking size and comfort in a clean indoor environment). For inline skates, riding indoors or outdoors, use on asphalt/concrete/sport surfaces/obstacles or similar use is not considered “trying on”.

If the Buyer uses (not only tries on), damages, soils, devalues, or returns incomplete goods, the Buyer is liable for the diminished value of the goods. The amount of diminished value is determined by the Seller individually according to the extent of wear/damage, taking into account the possibility of resale, necessity of replacing parts or service. The Buyer acknowledges that the Buyer does not determine the amount of diminished value. The Seller is entitled to set off the claim for diminished value against the Buyer’s right to a refund.

5.7. Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.

5.8. If a gift is provided together with the goods, a gift agreement is concluded subject to the resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement becomes ineffective and the Buyer must return the gift together with the goods.

6. TRANSPORTATION AND DELIVERY

6.1. If the method of transport is agreed on the basis of a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that method.

6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer must take delivery upon delivery.

6.3. If, for reasons on the Buyer’s side, the goods must be delivered repeatedly or in a manner other than stated in the Order, the Buyer must pay the costs of repeated delivery or costs associated with another method of delivery.

6.4. Upon receiving the goods from the carrier, the Buyer must check the integrity of the packaging and, in the event of any defects, notify the carrier immediately. If the packaging indicates unauthorised entry into the shipment, the Buyer may refuse to accept the shipment.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. Rights and obligations regarding defective performance are governed by applicable consumer protection and civil law regulations.

7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable that at the time the Buyer took delivery:

7.2.1. the goods have the properties agreed by the parties; if not agreed, such properties as described by the Seller/manufacturer or expected by the Buyer,
7.2.2. the goods are fit for the purpose stated by the Seller or for which such goods are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample/model, if applicable,
7.2.4. the goods are in corresponding quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.

7.3. Article 7.2 does not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear caused by normal use, to used goods regarding defects corresponding to the level of use/wear at receipt, or if it follows from the nature of the goods.

7.4. If a defect appears within twelve (12) months from receipt, it is presumed the goods were defective upon receipt, unless the Seller proves otherwise.

7.5. The Buyer shall exercise rights from defective performance with the Seller at the Seller’s premises (or registered office) where acceptance of complaints is possible with regard to the product range. The moment of exercising the complaint is considered the moment the Seller receives the claimed goods.

7.6. Further rights and obligations relating to the Seller’s liability for defects may be set out in the Seller’s Complaints Procedure (Complaint Policy).

7.7. The Seller is liable that goods will not show defects within twenty-four (24) months from receipt, unless the law provides otherwise.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

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

8.2. The Seller is not bound by any codes of conduct within the meaning of applicable consumer protection legislation.

8.3. Out-of-court settlement of consumer disputes is handled by the Czech Trade Inspection Authority (Česká obchodní inspekce). Consumers may also use the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

8.4. The Seller is authorised to sell goods based on a trade licence. Trade inspection 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 supervises compliance with consumer protection legislation.

9. PERSONAL DATA PROTECTION

9.1. Personal data protection is governed by Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the processing of personal data.

9.2. Details of personal data processing are set out in a separate document “Privacy Policy / Personal Data Processing Policy” available on the Seller’s website.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. The Buyer agrees to receiving information related to goods and services on the Buyer’s Email Address.

10.2. Information about cookies is provided in a separate document “Cookies Policy”. Consent is obtained via the cookie banner on the Seller’s website.

11. DELIVERY OF NOTICES

11.1. Notices relating to the relationship between the Seller and the Buyer, especially withdrawal from the Purchase Contract, must be delivered by email or by registered letter unless otherwise stated. Notices are delivered to the relevant contact address of the other party and are considered delivered when delivered by postal service or when delivered to the recipient’s email inbox.

11.2. A notice is also deemed delivered if its acceptance was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.

11.3. Ordinary correspondence may be delivered by email to the email address stated in the Buyer’s User Account or Order, respectively to the email address stated on the Seller’s website.

12. FINAL PROVISIONS

12.1. If the relationship based on the Purchase Contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect any mandatory consumer rights arising from applicable legal regulations in the consumer’s country of residence within the EU.

12.2. If any provision of the Terms is invalid or ineffective (or becomes so), it shall be replaced by a provision whose meaning is closest to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments to the Purchase Contract or these Terms require written form.

12.3. The Purchase Contract, including these Terms, is archived by the Seller in electronic form and is not accessible.

12.4. An annex to these Terms is the model withdrawal form.

12.5. Seller’s contact details:
Delivery address: Jeremiášova 5, 779 00 Olomouc, Czech Republic
Email: info@coolskates.cz Phone: +420 739 657 606