Basic business and complaint conditions for URBiS E-shop

• The following terms and conditions only apply to retail customers - the final consumers who are not registered as our wholesale customers. Wholesale customers are subject to the general terms and conditions, which are specified directly for wholesale.

• Goods bought in our e-shop can be paid by credit card, in cash on TEMPISH brand stores or cash on delivery.

• Goods are usually sent out by courier service to the address listed in the order within 2-5 working days. At this address it is required a presence of the person who will take over the consignment, in the case of cash on delivery pay method. Courier delivers packages after a telephone agreement with the person who made the order. Therefore, it is necessary to specify your phone contact in your order.

• Personal takeover is possible on the places listed in Contacts. Please specify the desired takeover place in your order.

• Within 14 days of receipt of the goods the customer is entitled to its return (goods must not be used - for example, used wheels on the skate, etc.). Customer will is also entitled to postage and packing charges to be returned. In case of ordering the wrong size the product can be changed. If we have desired size in stock, it will be sent to you after we receive the originally sent product. In this case we only charge you the postage.

• The purchased goods are warranted for 2 years, if it is not stated otherwise in the product description. During this time you can claim the goods from the dealer from which the goods were shipped and where all documents were made out (delivery note, invoice - tax document).

• Shades of color on products displayed on your screen may not always be accurate.

Delivery to Czech Republic or Slovakia

• When ordering goods to the value of 2000, - CZK (80 EUR) and payment by credit card, we charge postage + packing 120,- CZK. When ordering over 2000, - CZK (80 EUR) the postage and packing charges do not apply! (In the case of purchase of voluminous goods (floorball goals, table tennis, etc.) the postage is paid even when purchasing over 2000 CZK. Pricing information of the postage is always found for a specific product.)

• When ordering goods to the value of 2000, - CZK (80 EUR) and paying cash on delivery, we charge postage + packing 160, - CZK. When ordering over 2000, - CZK (80 EUR) the postage and packing charges do not apply! (In the case of purchase of voluminous goods (floorball goals, table tennis, etc.) the postage is paid even when purchasing over 2000 CZK. Pricing information of the postage is always found for a specific product.)

• Payment in cash in Czech crowns (CZK) or by credit card in stores and rentals of the seller. List of the stores and rentals is shown on website of the seller here.

Delivery to Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Holland, Ireland, Italy, Latvia, Lithuania, Hungary, Germany, Poland, Austria, Romania, Slovenia and the United Kingdom

• The seller only accepts payment by credit card, which can be done either in Czech crowns or euros. Payments are made through a secure banking system, Global Payments Europe, to which the buyer will be redirected during payment. Postage and packing charges are shown in the attached table. 

 

General Terms and Conditions for the Sale of Goods in Electronic Shop (e-shop) Company TEMPISH s.r.o.

1. Preliminary provisions

1.1 These general terms and conditions for the sale of goods in electronic shop of company TEMPISH s.r.o. govern the rights and obligations between TEMPISH s.r.o., established in Olomouc - Chválkovice, bratří Wolfů 495/16, Zip Code 772 00, ID No.: 25827677, registered in the Commercial Register kept by the Regional Court in Ostrava, section C, insert 19767 as the seller (hereafter  the " Seller" and " e - shop" ) and the Buyer for the supply of goods by the seller to the buyer on the purchase agreement (hereafter the " Terms"). Buyer is either the consumer, the man who outside their business or outside their profession sign a purchase agreement (hereafter the " Consumer"), or other person, e.g. a person acting within their business. Person acting within their business is any person who purchases goods in the course of its business or in a independent execution of his profession or in the course of purchase stating its identification number.

1.2 Legal relations not specified in these Terms shall be governed by the laws applicable in the territory of the Czech Republic, in particular Act No. 89/2012, the Civil Code amended (hereafter the "Civil Code"), and if the buyer is a consumer, also by Act No . 634/1992 Coll., consumer Protection, as amended.

1.3 Any dispute arising under a contract shall be resolved under the laws of Czech Republic at the Court of the Czech Republic. This provision is without prejudice to cases where mandatory regulations governing consumer protection provides otherwise.

1.4 The Buyer is advised to these Terms before making the order and has the opportunity to become familiar with them. By placing an order the buyer declares that he is familiar with these Terms, understands them and that they fully agree.

2. Contract of Sale

2.1 The proposal for purchase contract is placing the offer of goods in the e-shop. The purchase contract is concluded when the seller receives buyer's order. The ownership shall pass to the Buyer upon the takeover of goods. Takeover of goods means its acceptance by the seller respectively taking over from the carrier.

2.2 The acceptance of the order by seller is immediately confirmed via e-mail to the buyer in plain text and contains the text of the purchase contract and these Terms.

2.3 Conclusion of the contract can be modified or canceled by agreement of the parties, unless the law or these Terms stated otherwise. Buyer, in addition to statutory grounds right, can cancel the contract without giving any reason and any sanctions no later than 2 hours after the order is sent through e-mail. The contract can be canceled via e-mail sent to the address prodej@tempish.cz or by phone in the same deadline by contacting the sales assistant, whose contact details are provided in the e-shop.

2.4 The Contract may be concluded in the Czech language, this does not affect the possibility of signing a contract in another, both parties understood language.

2.5 Closed Contract of Sale is electronically archived by the seller and is not accessible to third parties.

2.6 The cost of using the means of distance communication by Buyer in connection with the order arise, depend on the buyer used tariff communications services.

3. Prices

3.1 All prices stated in the e-shop present a current and valid at the time the final price of the order including all taxes and fees that the buyer must pay, with the exception of obvious errors. Preceding sentence shall not affect the costs associated with the transportation of goods.

3.2  Seller shall send the buyer an invoice - tax document that serves as a warranty card.

4. Ordering goods

4.1 Goods can be ordered in the following ways:

(I) via the e-shop;

(II) personally in the store of the seller;

(III) by telephone;

(IV) by e-mail at prodej@tempish.cz.

4.2 Information about individual technical steps when ordering in e-shop are apparent in the process of ordering goods in the e-shop and the buyer has the option to check, change or repair their order before sending.

5. The consumer's right of withdrawal

5.1 If the contract was concluded by means of distance communication (distance), the consumer has the right to withdraw from the contract without giving any reason within 14 days of receipt of goods. The withdrawal period referred to in this section shall be deemed to be maintained if the consumer during the course of the seller sends a notification withdrawing from the contract. The consumer can use a sample form for withdrawal to withdraw the Contract of Sale, which is available on the website of the seller (below in this document).

5.2 If the consumer withdraws from the contract, he will send to the Seller without undue delay, within 14 days of the withdrawal, goods received from him. This period is considered to be retained if the consumer during this period sends the goods to the Seller. The consumer bears the direct cost of returning the goods. Notice of withdrawal and return of goods should be sent to: TEMPISH sro, bratří Wolfů 495/16, 779 00 Olomouc - Chválkovice, Czech Republic.

5.3 The Seller will return to the consumer without undue delay, within 14 days of withdrawal, all funds including the cost of delivery, from which it received under the contract. Unless the consumer expressly stated otherwise, the seller will return money to the consumer the way it was received. The seller is not obliged to return the received funds to the consumer before the consumer sends back goods to the Seller or demonstrate that he has sent the goods to the seller. If the consumer has chosen other than the cheapest delivery method that offers seller, the seller returns to the consumer postage corresponding to the offered cheapest method of delivery.

5.4 The consumer is responsible to the seller only for reduction of the value of goods that originated as a result of the handling otherwise than as necessary to establish the nature and features of goods, including its functionality.

5.5 The provisions of the above paragraphs of this Article 5 do not apply to the purchaser who is not consumer.

6. Payment and delivery conditions

6.1  Goods are sent to the buyer by the transportation service within 2-3 working days at the address specified in the order (hereinafter referred to as the "delivery address"). Transport service delivers the goods to the delivery address usually based on the previous phone call with the buyer. On the delivery address has to be present a person who will take over the shipment, and will pay in the case of cash at delivery. If the goods within the period specified in this section are not delivered to the buyer for the reasons on the seller's side, even if the buyer has fulfilled all its obligations under the contract (e.g. payment in advance), the buyer can withdraw from the contract.

6.2 The seller delivers the goods to the Czech Republic and Slovakia to the following conditions:

6.2.1 The seller sends goods through his chosen transportation services.

6.2.2 The Seller accepts the following payment terms:

• Payment by credit card - postage and packing is 120 CZK (8,5 €) including VAT. When ordering over 2000 CZK (80 €) including VAT the seller does not charge any postage and packing charges. Payments are made through a secure banking system, Global Payments Europe, on which the buyer will be redirected during the payment;
• Payment Cash on delivery - postage and packing is 156 CZK (10,3 €) including VAT. When ordering over 2000 CZK (80 €) including VAT the seller does not charge any postage and packing charges.
• Payment in cash in Czech crowns (CZK) or by credit card in stores and rentals of the seller. List of the stores and rentals is shown on website of the seller.

In the case of purchase of voluminous goods (floorball goals, table tennis, etc.) the postage is paid even when purchasing over 2000 CZK. Pricing information of the postage is always found for a specific product.)

6.3 The seller delivers the goods to Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Holland, Ireland, Italy, Latvia, Lithuania, Hungary, Germany, Poland, Austria, Romania, Slovenia and the United Kingdom through his chosen transport services under the following conditions:

6.3.1 The seller only accepts payment by credit card, which can be done either in Czech crowns or euros. Payments are made through a secure banking system, Global Payments Europe, to which the buyer will be redirected during payment. Postage and packing charges are shown in the attached table. 

	Price for 1 package less than 30 kg
	Payment in CZK	Payment in EUR
BELGIUM	330	14,1
BULGARIA	330	14,1
DENMARK	330	14,1
ESTONIA	330	14,1
FINLAND	330	14,1
FRANCE (CONTINENTAL)	330	14,1
NETHERLANDS	330	14,1
IRELAND	330	14,1
ITALY	330	14,1
LITHUANIA	330	14,1
LATVIA	330	14,1
HUNGARY	330	14,1
AUSTRIA	255	10,8
ROMANIA	330	14,1
SLOVENIA	330	14,1
GREAT BRITAIN	330	14,1
POLAND	205	8,7
GERMANY	205	8,7

7. Rights of the Consumer of defective performance

7.1 Seller shall be liable to the consumer that goods he receipts do not have any defects. In particular, the seller is liable to the consumer at the time when the consumer takes over the goods:

(I) the goods has features , which the parties have agreed, in case of the absence of agreement, those characteristics that the seller or manufacturer described or expected by the consumer with regard to the nature of the goods concerned and the advertising they carry;

(II) the goods are suitable for the purpose for which the use or seller lists or to which this kind of thing normally used;

(III) the quality of received goods correspond to the agreed sample or the draft, if it was quality or performance determined in accordance with the agreed sample or model;

(IV) the goods is in the right quantity, measure or weight, and

(V) the goods meets the requirements of the legislation.

If the consumer finds any damage of the goods or the difference between the invoice (warranty certificate) and the delivered the goods, the seller recommends the consumer to contact the seller immediately in order to eliminate such defects. In case there is a defect within six months of receipt of goods, it is considered that the case was already defective upon delivery.

7.2 If goods do not possess the features listed in section 7.1 the consumer has the following rights:

(I) the right the goods to be replaced, unless the replacement is not disproportionate nature of the defect. Consumers should may be entitled to the exchange of the broken component if the defect relates only o a part of the goods;

(II) the right to withdraw from the contract if it is not possible to goods to be replaced or replace of broken parts;

(III) the right to the free remedy (repair) if it is due to the nature of the defect procedure described in points (i) and (ii) disproportionate, especially if goods can be fixed without undue delay;

(IV) the right the goods to be replaced, or replacement parts, or to withdraw from the contract even if the defect is removable, it is not possible to use the goods properly for recurrence of defect or for a large number of defects;

(V) the right to reasonable discount if the consumer withdraws from the contract or do not apply the right to the supply of goods , the replacement of broken parts or repair of the goods. The consumer may require an appropriate discount also if the seller cannot deliver new goods without defects, replace the part or goods to fix, and if the seller fails to remedy within a reasonable time, respectively. In a situation where the remedy seemed inconvenience to the consumer. Reasonable discount from the price must be applied by the consumer instead of the right to exchange claimed goods for a lower price, or at used products.

The rights of the consumer of defective performance do not apply to the consumer if the consumer before the takeover of goods knew that goods were defective or if the consumer he has caused the defect himself.

7.3 The consumer is entitled to claim the right of defects that appear on the goods at the time of twenty four months from receipt of the goods, this does not apply:

(I) to goods sold for a lower price on a defect for which the lower price was made;
(II) the wear and tear caused by normal use;

(III) in used to the defect corresponding to the normal use and usual wear, which the product had when consumer took over the product or

(IV) if it appears to the nature of the product.

7.4  Defects are applied in any shop of the seller, in which there is possible to take the claimed product considering the assortment of goods sold or services provided, whether at the headquarters of the seller. The Seller is required to give the consumer a written confirmation that the consumer has applied the right to make the claim, the content of the claim and what claim settlement consumer requires. Seller shall provide the consumer with confirmation of the date and method of clim settlement, including confirmation of repair and its duration, or a written justification for rejecting the claim. Recommended for application defects address is:

TEMPISH s.r.o.

bratří Wolfů 495/16

779 00 Olomouc - Chválkovice

Česká republika

or e-mail address: reklamace@tempish.cz

However, if the invoice (warranty card) listed other person responsible for repair, which is located in the seller or location closer to the consumer, the consumer applies the right to repair by the person who is determined to complete the repair. The person so designated to repair does so within a period agreed between the seller and the consumer when buying the goods.

7.5  Selecting the method of claim settlement is carried out by the consumer. If the consumer does not choose settlement method within 3 days after the claim, method is chosen by the seller.

7.6  Seller shall decide on the claim immediately, in complicated cases within three working days from the proper application of the claim. This period does not include the time reasonable needed according the type of product or service required for expert assessment of the defect. Claims, including the removal of defects must be handled without undue delay, within 30 days of the claim, unless the seller and the consumer agree on a longer period. Expiry of that period shall be deemed as a fundamental breach of the purchase contract. This period does not run if the consumer has not supplied the Seller all information and documents needed to process the claim.

7.7 On delivery of a new product the consumer returns to the buyer's expense product originally delivered.

7.8 In case of a justified claim the consumer is entitled to reimbursement of reasonable expenses incurred in connection with the application of defect, the amount of the costs reasonably incurred is the consumer obliged to prove to the seller.

7.9 The provisions of the above paragraphs of this Article 7 do not apply on the purchaser who is not a consumer. The rights of defective performance belonging to a purchaser who is not a consumer shall be governed by the Civil Code.

8. Security and data protection

8.1 The Seller declares that all personal information is confidential and will be used solely to meet the object of the contract, ie, delivery of the goods and make the necessary accounting transactions (issuing a tax receipt, identification of the buyer's payment by bank transfer) will not be disclosed to any third party except as necessary to fulfill the object of the contract (eg if there is a need to provide some data to a carriers in relation to transport of goods). All information provided voluntarily by the buyer within the order are maintained in accordance with applicable laws and regulations, in particular Act No. 101/2000 Coll., about the Protection of Personal Data, as amended.

8.2 The Buyer agrees with collecting and processing of his personal data for the purposes of meeting the subject of the contract by the seller. At the request of the buyer selling information about the buyer, except for the data used for accounting and tax records by the seller of the law leads, will be erased from the customer database.

9. Final provisions

9.1 Existing and effective Terms are publicly available on the website of the seller and in its stores, and is assured the archiving and reproduction by the buyer.

9.2 By purchase of goods, the Buyer agrees to receive commercial communications of the seller; the buyer's right to revoke this agreement remains unaffected.

9.3 Seller and Buyer agree to seek priority on extrajudicial dispute resolution. In the case of a complaint, the consumer can contact the service VašeStížnosti.cz on the website www.vasestiznosti.cz under the conditions specified therein. With its complaint, the buyer may also contact supervisory authority or state supervision.

9.4 These Terms shall be valid and effective from 10.1.2014, and shall apply to the extent and text that is shown on the Seller's website on the day of sending electronic orders.

 

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The form for withdrawal of the contract:

(Please send the filled form to the address of TEMPISH s.r.o.: TEMPISH s.r.o.,bratří Wolfů 495/16 ,779 00 Olomouc - Chválkovice, Czech Republic, together with returned goods, or via e-mail to: prodej@tempish.cz )

 

name and Suriname of the buyer (consumer):.....................................................................................................

address of the buyer (consumer):......................................................................................................................

e-mail of the buyer (consumer):........................................................................................................................

announce, that I withdraw form the contract of goods purchase, invoice number:.....................................................

exact product name:.......................................................................................................................................

purchased at company TEMPISH s.r.o.,bratří Wolfů 495/16 ,779 00 Olomouc - Chválkovice, Czech Republic.

e-mail: prodej@tempish.cz

date of ordering the goods: ...............................   date of receiving the goods: ..................................................

signature of the buyer (consumer): ..................................................................................................................

date of the withdrawal of the contract: ..............................................................................................................