Terms and Conditions
1. Contact Details of the Seller
- Business name: For Gliding s.r.o., company registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Entry 223021.
- Registered office and mailing address: Dejvicka 306/9, Prague 6, 160 00, Czech Republic
- Company ID: 02729687
- Taxpayer ID: CZ02729687
- Telephone: +420 730 330 373 - 374
Information about goods and prices provided by the Seller is binding with the exception of apparent error. The prices are presented including all taxes (e.g. VAT) and charges with the exception of the cost of the delivery of the goods and the cost of third party processing of payments for goods.
The details of approved payment methods are listed under Payment Methods.
An offer acceptance including an addition or variation shall not be considered an acceptance of the offer.
A confirmation of the content of a contract concluded in any other than written form, which varies from the truly contracted content, shall have no legal effect.
The acceptance by the Buyer of an unrequested performance shall not mean acceptance of the offer. The photographs presented on the website of the shop correspond with the goods on sale.
The Seller shall make instructions for use in electronic form available prior to the conclusion of the deal, especially for large electrical appliances, consumer electronics and other goods costing more than CZK 3,000.-, wherever this is meaningful and convenient for the Buyer in making his decision about buying the goods.
3. Delivery of the Goods
The Seller will deliver the complete goods to the Buyer not later than 5 days from the confirmation of the order, unless a different delivery term is quoted. If the item is listed as “immediately available”, the Seller will dispatch the goods not later than within two working days. The Buyer shall be obliged to accept and pay for the goods. It is recommended that the Buyer check the goods on acceptance as soon as possible.
The documents for the goods, especially invoice, receipt and certificates will be sent by the Seller to the Buyer immediately after the acceptance of the goods, not later however than two days after the acceptance of the goods by the consumer.
At the request of the Buyer, the Seller will confirm in writing the scope and terms of his liability for defective performance and the manner in which the Buyer can assert his rights arising out of this liability.
The pricing details and information on the manner of delivery are listed under Shipping Methods and Costs.
If by breaching his obligation the buyer does not accept the goods within the agreed period, he shall be obliged to pay the Seller a storage fee for each day of delay amounting to CZK 10,-, not more however than CZK 300.-. After having provably notified the Buyer by email and providing him with a new reasonable deadline for acceptance with no effect, the Seller shall be entitled to sell the goods in a suitable manner. The Seller will be entitled to invoice the Buyer for storage costs and the cost of the futile delivery of the goods due to lack of necessary cooperation on the part of the Buyer.
4. Cancellation of the Order and Withdrawal from the Contract
The Buyer may withdraw from the contract within 14 days from the acceptance of the goods or of the last part of the delivery, and that irrespective of the manner of acceptance of the goods or execution of payment. The purpose of the stipulated period is to allow the Buyer to become adequately acquainted with the nature, properties and functionality of the goods.
The Buyer is entitled to withdraw from the contract also at any time prior to the delivery of the goods.
The Buyer shall send or give the Seller 14 days’ notice of withdrawal from the contract. The Buyer need not give a reason for his withdrawal from the contract. To facilitate communication, it is advisable to state the date of the purchase or the number of the contract / sale document, bank account number and selected manner of returning the goods.
The Seller is obliged to return the full price of the goods and the paid cost of its delivery to the Buyer within 14 days from the withdrawal from the contract using the same payment method as the one used when the Seller received the payment from the Buyer. Where the Seller offers several delivery options, he will be obliged to refund the cheapest of these options. The Buyer shall be obliged to send or give the Seller the purchased goods not later than within the same period. The goods must be returned to the Seller (not cash on delivery) complete, preferably in the original packaging and must not bear signs of use or damage. The cost of returning the goods is borne by the Buyer.
If the returned item has been damaged due to a breach of obligations by the Buyer, the Seller will be entitled to claim compensation for the reduction of the value of the goods and account for this in the returned amount of payment.
Exceptions: The right to withdraw from the contract cannot be applied in the case of contracts for the delivery of digital content, unless this has been delivered on a tangible medium, or in the case of contracts for the provision of services; in both cases under the condition that performance occurred with the explicit consent of the Buyer prior to the expiry of the notice period; further, in the case of contracts for the delivery of services or goods (including alcoholic beverages) whose price depends on fluctuations on the financial market independently of the will of the Seller; contracts for the delivery of goods modified according to the wish of the consumer or for their person, and contracts for perishable goods that have been irreversibly blended with other gods or taken out of their package and not being able to be put back for hygienic reasons; in the case of delivery of audio or video recordings or computer programmes if the Buyer broke their original packaging; in the case of delivery of newspapers, magazines and other periodicals; contracts for accommodation, transport, meals or leisure time activities provided at a stipulated time or contracts concluded on the basis of a public auction in accordance with laws regulating public auctions.
5. Rights and Obligations Arising out of Defective Performance
Quality on Acceptance
If the accepted goods has defects (e.g. it does not have the contracted or justifiably anticipated properties, is not suitable for the usual or agreed purpose, is not complete, has not been delivered in the agreed amount, dimensions, weight, or does not comply with other statutory, contractual or even pre-contractual parameters), such defects shall be considered defects for which the Seller is liable.
The Buyer can submit a complaint to the Seller not later than two years after the acceptance of the goods and demand that the defect be removed free of charge or with a reasonable reduction of the price; unless such request is disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), the Buyer may apply for the delivery of a new, non-defective item or new non-defective part, if only the part was defective.
If it is not possible to repair or change the goods, the Buyer can demand, on the basis of his withdrawal from the contract, the purchase price to be refunded in full.
During the six months from the acceptance of the goods it shall be presumed that the defect of the goods had existed already at the time when the goods were accepted.
The Seller will not be obliged to accommodate the claim of the Buyer if the Seller proves that the Buyer knew about the defect of the goods prior to accepting then or has caused the defect himself.
In the case of sold used goods the Seller will not be liable for defects corresponding with the rate of previous use or wear. In the case of items sold at a lower price the Seller shall not be liable for the defects due to which the lower price was agreed. Instead of the right for the goods to be changed, the Buyer shall in such cases be entitled to a reasonable discount.
Liability for Defective Products
The Seller shall be liable for defects occurring after the acceptance of the goods within the 24 month warranty period or prior to the expiry date of the goods stated in advertisements, on the packaging or attached instructions for use.
During this period the Buyer can put forward a complaint and, according to his preference, demand in the case of a defect that constitutes a substantial breach of contract (irrespective of whether the defect is removable or non-removable):
- the removal of the defect by the delivery of a new item without defects or by the delivery of the missing item;
- the removal of the defect by repair the defect free of charge;
- a reasonable reduction of the purchase price; or
- refund of the purchase price on the basis of the withdrawal from the contract.
A substantial breach of contract is a breach where the party in breach of contract knew or must have known already during the conclusion of the contract that the second party would not have signed the contract if it had anticipated such breach.
In the case of a defect that constitutes an unsubstantial breach of contract (irrespective of whether the defect is removable or non-removable), the Buyer will be entitled to have the defect removed or the purchase price to be reasonably reduced.
If a removable defect occurs repeatedly after the repair (third complaint due to the same defect or fourth due to different defects) or if the goods have a larger number of defects (at least three simultaneous defects), the Buyer may apply his right to a reduction of the purchase price, change of the goods or withdrawal from the contract.
The Seller will not be liable for defects occurring as a result of usual wear and tear or failure to follow the instructions for use.
6. Settlement of the Claim
The Buyer is obliged to address his claim to the Seller or to the person designated to perform the repair without undue delay from the time of discovering the defect. If he does so in writing or electronically, the Buyer must provide his contact details, description of the defect and request for the preferred method of settling the claim.
The Buyer is obliged to inform the Seller at the time of reporting the defect or without undue delay after reporting the defect which right he has chosen. A change of this choice without the consent of the Seller is possible only if the Buyer has applied for the repair of a defect that proves to be irremovable.
If the Buyer does not choose his right arising from a substantial breach of contract within the stipulated period, his rights will be the same as those arising from an unsubstantial breach of contract.
The Buyer is obliged to present proof of purchase of the goods (preferably invoice and proof of payment). The term for the settlement of a complaint shall start running from the date of the delivery/acceptance of the goods to/by the Seller or to/by the place designated to do the repair. During transport the goods must be wrapped in suitable packaging to prevent damage, and they must be clean and complete.
The Seller is obliged to decide immediately, not later than within three working days, about the complaint or, if need be, inform the Buyer during this period of the necessity of an expert assessment prior to making the decision. The complaint, including the removal of the defect, will be settled by the Seller without undue delay, not later than within 14 days from the date on which the complaint has been made, unless a longer term has been agreed in writing with the Buyer. After the end of this term the Buyer shall have the same rights as those that would have arisen from a substantial breach of contract.
If the Seller refuses to remove the defect of an item, the Buyer may demand a reasonable reduction of the price or may withdraw from the contract.
The warranty period shall be prolonged by the period from the date on which the complaint was made until the date of its settlement or the date on which the Buyer is obliged to collect the item. If the goods or its part are changed, the liability of the Seller shall be the same as in the case of the purchase of new goods or their part.
If it is not made possible to follow that status of the warranty claim settlement procedure online, the Seller pledges to inform the Buyer on the settlement status by email or text message according to the Buyer’s preference.
A justified warranty claim entitles the Buyer to a refund of reasonably incurred costs.
7. Personal Data Protection
The Buyer agrees with his provided personal data being processed and stored by the Seller in compliance with the Personal Data Protection Act (No. 101/2000 Sb.) for the purpose of performing the subject of the contract. The Buyer has the right to be informed of which of his data the Seller keeps, and is entitled to change these data or possibly express in writing his disapproval with his data being processed. Supervision over the protection of personal data is performed by The Office for Personal Data Protection.
The Seller pledges not to provide the personal data of the Buyer to a third party other than the contract carrier for the purpose of delivering the goods.
The Seller shall enable purchase without registration and shall use the data of unregistered Buyers exclusively to execute the subject of the contract, not for marketing or commercial purposes.
The Seller may send his own commercial messages only if the Buyer explicitly asks for them to be sent and only until the time when the Buyer informs the Seller that he wants to stop receiving such messages.
The Buyer may send such a request to the electronic address given to him in connection with the performance of the contract, and that without incurring any costs.
8. Settlement of Disputes
Mutual disputes between the Seller and the Buyer will be resolved by common courts.
Supervision over the observance of obligations arising out of Act 634/1992 Sb., on consumer protection, as amended, is exercised by the Czech Trade Inspection Authority (www.coi.cz).
For the purposes of these Commercial Terms and Conditions, the Buyer is a consumer who is a person who, unlike the Seller, does not act during the conclusion and performance of the contract within the frame of his business activity or independent performance of his profession.
For the purposes of these Commercial Terms and Conditions, the Seller is an entrepreneur who, unlike the Buyer, acts during the conclusion and performance of the contract within the frame of his business activity or independent performance of his profession.
Al other matters not mentioned herein shall be governed by the Civil Code (Act 89/2012 Sb.), the Consumer Protection Act (Act 634/1992 Sb.) and other legal regulations, as amended.
The contract and related issues shall be governed by Czech law.
Any changes of the Commercial Terms and Conditions in any other than mutually agreed written form shall be invalid.
These Commercial Terms and Conditions are effective from 1 July 2014.