These general terms and conditions ("Conditions") of Jan Kuběnka, with registered office at Dukelská 2791/8a, Cheb, 350 02. ID No. 73846091, a natural person doing business under the Trade Licensing Act not registered in the Commercial Register, e-mail info@paintballarenacheb.cz, phone number +420 773 450 130 ("We" or "Seller") govern, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the website www.paintballarenacheb.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here. The provisions of these Conditions are an integral part of the Contract. The Contract and Conditions are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the Conditions.

As you surely know, we communicate primarily remotely. Therefore, for our Contract as well, means of distance communication are used, which allow us to agree with each other without our simultaneous physical presence, and the Contract is thus concluded remotely in the E-shop environment, through the website interface ("E-shop web interface").

If any part of the Conditions contradicts what we have jointly agreed upon during the process of your purchase at Our E-shop, this specific agreement shall take precedence over the Conditions.

I. CERTAIN DEFINITIONS

1. Price is the monetary amount you will pay for the Goods;

2. Shipping Price is the monetary amount you will pay for the delivery of the Goods, including the cost of packaging;

3. Total Price is the sum of the Price and the Shipping Price;

4. VAT is value added tax under applicable legal regulations;

5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;

7. User Account is an account established on the basis of the information you provide, which allows the retention of entered data and the storage of the history of ordered Goods and concluded Contracts;

8. You are the person purchasing at Our E-shop, referred to by legal regulations as the buyer;

9. Goods are everything you can purchase at the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

1. The purchase of Goods is only possible through the E-shop web interface.

2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. The information you have provided to Us when ordering Goods will therefore be considered correct and truthful.

III. CONCLUSION OF THE CONTRACT

1. The Contract with Us can be concluded in Czech and English.

2. The Contract is concluded remotely through the E-shop, whereby you bear the costs of using means of distance communication. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., mainly for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.

3. In order for Us to be able to conclude the Contract, you need to create a draft Order in the E-shop. This draft must contain the following information:

a) Information about the Goods being purchased (in the E-shop, you mark the Goods you wish to purchase by clicking the "Add to Cart" button);

b) Information about the Price, Shipping Price, method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered during the creation of the draft Order within the E-shop user interface, while information about the Price, Shipping Price and Total Price will be automatically indicated based on the Goods you have selected and the method of their delivery;

c) Your identification and contact details used so that we can deliver the Goods, in particular your name, surname, delivery address, phone number and e-mail address;

d) In the case of a Contract under which we will deliver Goods to you regularly and repeatedly, also information about how long we will deliver Goods to you.

4. During the creation of the draft Order, data can be changed and checked until the moment of its creation. After performing the check by pressing the "Order with obligation to pay" button, you will create the Order. Before pressing the button, however, you must also confirm your acquaintance with and consent to these Conditions, otherwise it will not be possible to create the Order. A checkbox is used for confirmation and consent. After pressing the "Order with obligation to pay" button, all completed information will be sent directly to Us.

5. We will confirm your Order to you as soon as possible after it is received by Us, by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Conditions. By confirming the Order on our part, the Contract between Us and You is concluded. The Conditions in the version effective on the date of the Order form an integral part of the Contract.

6. There may also be cases where we will not be able to confirm your Order. This applies in particular to situations where the Goods are not available or cases where you order a larger number of units of Goods than what is permitted on our part. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should therefore not be surprising to you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. The Contract is in such a case concluded at the moment when you confirm Our offer.

7. In the event that a clearly erroneous Price is stated within the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price, even if you have received Order confirmation and the Contract has thus been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is in such a case concluded at the moment when you confirm Our offer. If you do not confirm Our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. A situation where the Price does not correspond to the usual price at other sellers or a digit is missing or extra is considered an obvious error in the Price.

8. In the event that a Contract is concluded, you incur an obligation to pay the Total Price.

9. If you have a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is, however, identical to the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

10. In some cases, we allow a discount to be used for the purchase of Goods. To receive the discount, you need to fill in the discount information in the pre-determined field within the draft Order. If you do so, the Goods will be provided to you with a discount.

IV. USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User Account.

2. When registering a User Account, it is your obligation to enter all data correctly and truthfully and to update them in case of changes.

3. Access to the User Account is secured by a username and password. Regarding these access details, it is your obligation to maintain confidentiality and not to provide this information to anyone. In the event of their misuse, we bear no responsibility for this.

4. The User Account is personal, and you are therefore not entitled to allow its use by third parties.

5. We may cancel your User Account, in particular if you have not used it for more than 3 years, or if you breach your obligations under the Contract.

6. The User Account may not be continuously available, in particular with regard to the necessary maintenance of hardware and software equipment.

V. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

The Price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In case of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Contract. The draft Order also states the Shipping Price, or the conditions under which shipping is free of charge.

The Total Price is stated inclusive of VAT and all fees stipulated by law.
We will require payment of the Total Price from you after the conclusion of the Contract and before the handover of the Goods. You can pay the Total Price in the following ways:

1. By bank transfer. We will send you the payment information within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 7 days. We use the following accounts for payments:
   CZK account: 323772507/0300
   EUR account: CZ7903000000000323772929
2. Online payments via the ComGate, a.s. payment gateway. This payment gateway allows the following payment methods:
   • Card payment (VISA, Mastercard) – will be activated after completion of the approval process by the card companies VISA and Mastercard. Payment is made through the secure ComGate interface. Information about this method: https://help.comgate.cz/v1/docs/cs/platby-kartou
   • Payment via online banking buttons – this method is already active. The customer is redirected to their internet banking, where they confirm the pre-filled payment. Information about this method: https://help.comgate.cz/docs/bankovni-prevody
3. The payment service provider is ComGate, a.s., Gočárova třída 1754/48b, Hradec Králové, e-mail: platby-podpora@comgate.cz, tel.: +420 228 224 267. Information about the payment gateway: https://www.comgate.cz/cz/platebni-brana
4. Cash on delivery. In such a case, payment will be made upon delivery of the Goods against their handover. The Total Price is due upon receipt.
5. Cash upon personal collection. Goods can be paid for in cash when collected at our premises. The Total Price is due upon receipt.

The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The Invoice may also be physically attached to the Goods and is available in the User Account.
The right of ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid upon crediting to our account. In other cases, it is paid at the moment of successful completion of the payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

1. Goods will be delivered to you in the manner of your choice, and you can choose from the following options:

a) Personal collection at Our premises listed in the list of premises;

b) Personal collection at PPL pick-up points;

c) Delivery via PPL CZ transport companies

2. Goods can be delivered within the Czech Republic and Germany.

3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you of the possibility of collecting the Goods via e-mail.

4. After taking over the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and in the case of any defects, immediately notify the carrier and Us of this fact. In the event that damage to the packaging has occurred which indicates unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.

5. In the event that you breach your obligation to accept the Goods, with the exception of cases pursuant to Art. VI.4 of the Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute withdrawal from the Contract between Us and You. However, in such a case, We acquire the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day on which this withdrawal is delivered to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price, or the right to compensation for damages, if any have arisen.

6. If the Goods are delivered repeatedly or in a different manner than agreed in the Contract due to reasons arising on your part, it is your obligation to reimburse Us for the costs associated with this repeated delivery. The payment details for paying these costs will be sent to your e-mail address stated in the Contract and are due 14 days from delivery of the e-mail.

7. The risk of damage to the Goods passes to you at the moment you accept them. In the event that you do not accept the Goods, with the exception of cases pursuant to Art. VI.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept them, but acceptance did not occur due to reasons on your part. The transfer of the risk of damage to the Goods for you means that from this moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.

8. In the event that the Goods were not listed as in stock in the E-shop and an estimated availability time was stated, we will always inform you in the case of:

a) an extraordinary interruption of production of the Goods, whereby we will always inform you of the new expected availability time or information about whether it will not be possible to deliver the Goods;

b) a delay in the delivery of the Goods from Our supplier, whereby we will always inform you of the new expected delivery time.

9. In the event that we are unable to deliver the Goods to you even within 30 days of the expiry of the Goods delivery time stated in the Order confirmation, for any reason whatsoever, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of risk of damage to the Goods pursuant to Art. VI.7 of the Conditions, the Goods are free of defects, in particular that:

a) they have the properties that we have agreed with you, and if not expressly agreed, then such properties as we have stated in the description of the Goods, or such as can be expected with regard to the nature of the Goods;

b) they are suitable for the purposes we have stated or for purposes that are customary for Goods of this type;

c) they correspond to the quality or design of the agreed sample, if quality or design was determined according to a sample;

d) they are in the appropriate quantity and weight;

e) they meet the requirements imposed on them by legal regulations;

f) they are not encumbered by the rights of third parties.

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

3. In the event that the Goods have a defect, i.e., in particular if any of the conditions pursuant to Art. VII.1 are not met, you may notify Us of such defect and exercise your rights from defective performance (i.e., file a complaint about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details. You can also use the sample form provided by Us HERE for the complaint. When exercising the right from defective performance, it is necessary to choose how you want the defect to be resolved, and this choice cannot subsequently be changed without Our consent, except in cases pursuant to Art. 7.4. We will handle the complaint in accordance with the right from defective performance exercised by you. If you do not choose a defect resolution, you have the rights stated in Art. 7.5 even in situations where the defective performance constituted a material breach of the Contract.

4. If the defective performance constitutes a material breach of the Contract, you have the following rights:

a) to have the defect remedied by delivery of new Goods without defects, or by delivery of the missing part of the Goods;

b) to have the defect remedied by repair of the Goods;

c) to a reasonable discount from the Price;

d) to withdraw from the Contract.

In the event that you choose the resolution pursuant to points a) or b) and We do not remedy the defect in the reasonable time we have stated, or We inform you that we will not remedy the defect in this way at all, you have the rights pursuant to points c) and d), even if you did not originally request them as part of the complaint. At the same time, if you choose to have the defect remedied by repair of the Goods and We find that the defect is irreparable, we will notify you and you may choose a different method of defect remediation.

5. If the defective performance constitutes a non-material breach of the Contract, you have the following rights:

a) to have the defect remedied by delivery of new Goods without defects, or by delivery of the missing part of the Goods;

b) to have the defect remedied by repair of the Goods;

c) to a reasonable discount from the Price.

However, if we do not remedy the defect in time or refuse to remedy the defect, you acquire the right to withdraw from the Contract. You may also withdraw in the event that you cannot use the Goods properly due to the repeated occurrence of defects after repair of the Goods or when there are a greater number of defects in the Goods.

6. In the case of both material and non-material breach, you cannot withdraw from the Contract or request the delivery of new goods if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

a) if the condition of the Goods changed as a result of an inspection to detect the defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in an unchanged condition was not caused by your action or your omission,

d) if the Goods were sold, consumed or altered by you before the defect was discovered during normal use; however, if this occurred only partially, it is your obligation to return the part of the Goods that can be returned, and in such a case you will not be refunded the part of the Price corresponding to your benefit from using part of the Goods.

7. Within 3 days of receiving the complaint, we will confirm to you by e-mail address that we have received the complaint, when we received it and the estimated time for handling the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The time limit may be extended by mutual agreement. If the time limit expires in vain, you may withdraw from the Contract.

8. We will inform you of the handling of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of purposefully incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of shipping costs. In the event that the defect was remedied by delivery of new Goods, you are obliged to return the original Goods to Us, but the costs of this return are borne by Us.

9. If you are a business entity, it is your obligation to notify and assert the defect without undue delay after you could have discovered it, but no later than three days from the acceptance of the Goods.

10. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from the acceptance of the Goods.

11. The provisions regarding rights from defects shall not apply in the case of:

a) Goods sold at a lower Price, for the defect for which the lower Price was agreed;

b) wear and tear of the Goods caused by their normal use;

c) used Goods for a defect corresponding to the degree of use or wear that the Goods had when you accepted them;

d) where this follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways stated in this article, or in other provisions of the Conditions where the possibility of withdrawal is expressly stated.

2. If you are a consumer, i.e., a person purchasing Goods outside the scope of their business activity, you have the right, in accordance with the provisions of § 1829 of the Civil Code, to withdraw from the Contract without giving reasons within 14 days from the date of delivery of the Goods. In the event that we have concluded a Contract whose subject matter is several types of Goods or delivery of several parts of the Goods, this period begins to run from the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins to run from the day of delivery of the first delivery. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). You can also use the sample form provided by Us HERE for withdrawal.

3. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is:

a) Goods whose Price depends on fluctuations in the financial market independently of Our will and which may occur during the withdrawal period;

b) delivery of alcoholic beverages that can only be delivered after thirty days and whose Price depends on fluctuations in the financial market independent of Our will;

c) Goods that have been customized according to your wishes or for your person;

d) Goods that are subject to rapid deterioration and Goods that were irrevocably mixed with other goods after delivery;

e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygiene reasons;

f) delivery of audio or video recordings or computer programs, if the original packaging has been broken;

g) delivery of newspapers, periodicals or magazines;

h) delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period, and We have informed you that you do not have the right to withdraw from the Contract.

4. The withdrawal period pursuant to Art. VIII.2 of the Conditions is considered to have been met if you send Us a notice of withdrawal from the Contract during the period.

5. In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Contract. However, the amount will not be returned before you return the Goods to Us or before you prove that the Goods have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.

6. In the event of withdrawal from the Contract pursuant to Art. VIII.2 of the Conditions, you are obliged to send Us the Goods within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have the Shipping Price refunded to you, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Contract, we also cover the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.

7. You are liable to Us for damages in cases where the Goods are damaged as a result of your handling of them other than as is necessary with regard to their nature and characteristics. In such a case, we will invoice you for the damage caused after the Goods are returned to Us, and the due date for the invoiced amount is 14 days. If we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for return of the Price.

8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period stated in Art. VI.9 of the Conditions. We may also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. If you are purchasing goods within the scope of your business activity, i.e., as a business entity, we are entitled to withdraw from the Contract at any time, even without giving reasons.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers within the meaning of the provisions of § 1826 para. 1 letter e) of the Civil Code.

2. We handle consumer complaints via the electronic address info@paintballarenacheb.cz. Information about the handling of the complaint will be sent to the buyer's electronic address.

3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer, arising from a purchase contract concluded by electronic means.

4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

X. FINAL PROVISIONS

1. If Our and Your legal relationship contains an international element (i.e., for example, we will be sending goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, this agreement does not affect your rights arising from legal regulations.

2. All written correspondence with you will be delivered by Us electronically. Our e-mail address is stated in Our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.

3. The Contract can only be amended on the basis of our written agreement. However, We are entitled to change and supplement these Conditions, but this change will not affect already concluded Contracts, only Contracts that will be concluded after this change takes effect. However, we will inform you of the change only if you have a User Account set up (so that you have this information in case you are ordering new Goods, but the change does not give rise to the right of termination, as we do not have a Contract concluded that could be terminated), or we are to deliver Goods to you regularly and repeatedly under the Contract. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period, if you give notice, is 2 months.

4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier failures, etc.), we bear no responsibility for damage caused as a result of or in connection with force majeure events, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

5. Appendices to the Conditions include a sample complaint form and a sample withdrawal form.

6. The Contract, including the Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Conditions and the Order confirmation with a summary of the Order by e-mail, and you will therefore always have access to the Contract without Our cooperation. We recommend always saving the Order confirmation and Conditions.

7. These Conditions take effect on 25.5.2018.

If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop of www.paintballarenacheb.cz ("Company") or another means of distance communication, except in cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of receipt of the goods, without giving reasons and without any penalty. The buyer shall notify the Company of this withdrawal in writing at the address of the Company's premises or electronically to the e-mail address stated on the sample form.

If a buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods they received from it.

If a buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, no later than 14 days from the withdrawal from the purchase contract, all monetary funds (the purchase price of the delivered goods) including delivery costs that it received from them under the purchase contract, in the same manner. If the buyer chose a method of delivery of goods other than the cheapest method offered by the Company, the Company shall return to the buyer the costs of delivery of goods only in the amount corresponding to the cheapest offered method of delivery of goods. The Company is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods to it or proves that the goods have been sent back to the Company.

Date: 25.5.2018.