These terms and conditions govern, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the parties arising in connection with purchase contract or on the basis of the purchase contract (hereinafter purchase contract ”) concluded between the seller by another natural person (hereinafter referred to as the“ buyer ”) through the seller's online store.
Content of business conditions
I. General provisions
II. Terms and Conditions
III. Warranty and Complaint Conditions
I. General provisions
1. The seller is the company TB baits sro, Průmyslová 1292, Jičín 50601, registered at the Regional Court in Hradec Králové under file number 45328, identification number 24800546, VAT number CZ24800546, email firstname.lastname@example.org, for the sale of goods through an online store located at www.tbbaits.com.
2. These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter "purchase agreement") concluded between the seller and another natural or legal person ("buyer") through the seller's online store. The internet shop is operated by the Seller at the internet address www.tbbaits.com, via a web interface (hereinafter referred to as the "web interface of the shop").
3. The purchase contract can be concluded in the Czech language. By taking over the goods from the seller or by taking over from the carrier, the buyer agrees with the following business conditions and the complaint procedure. The Terms and Conditions and the Complaints Procedure can be downloaded in printable form and are available for inspection at the Seller's premises.
4. The business conditions do not apply to cases where the buyer, who intends to purchase goods from the seller, acts when ordering goods within the scope of his business activities.
5. A consumer (hereinafter also “buyer”) is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an businessman (hereinafter also “Seller”) or otherwise deals with him.
6. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
7. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
8. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
II. Terms and Conditions
I. Methods of delivery of goods and an overview of transport prices
The goods are delivered to the address specified by the customer, the customer is informed about the dispatch of the goods by e-mail. Delivery is provided on working days during normal working hours. The ordered goods are sent by the transport company PPL or can be picked up in person at the address of TB baits s.r.o., Průmyslová 1292, Jičín 50601. The price of transport is charged at CZK 99. Packaging is not charged. In the case of ordering goods whose total value exceeds CZK 1,999, the shipping price will not be charged. The exception is the so-called oversized shipments, whose weight exceeds 25 kg. In case of exceeding the weight limit over 25 kg, CZK 99 is charged for every 25 kg and the customer is not entitled to free shipping.
The goods are delivered to the address specified by the customer, the customer is informed about the dispatch of the goods by e-mail. Delivery is provided on working days during normal working hours. The ordered goods are sent from the Czech Republic by the transport company PPL and in Slovakia they are delivered by Intime. The price of transport is charged at 3.50 €. Packaging is not charged. In the case of ordering goods whose total value exceeds the amount of 70 €, the price of transport will not be charged. The exception is the so-called oversized shipments, whose weight exceeds 25 kg. In case of exceeding the weight limit over 25 kg, € 3.50 is charged for every 25 kg and the customer is not entitled to free shipping.
Receipt of the shipment from the transport company
We strongly recommend a thorough inspection of the shipment in the time of receipt. If you receive a visually damaged package, you should not accept it at all, or unpack the shipment in front of the carrier's employee and check the goods. If it is damaged, insist on writing a damage report.
If you find damage only after unpacking (the package must not show signs of damage), write an additional record of the damage with the carrier immediately (you have two to three working days, it depend on the carrier). If possible, obtain photo documentation of the unpacked package, including damaged goods, and keep the packaging.
Link to the PPL complaint form >>>>
II. Failure to pick up the shipment
In the event that the buyer does not pick up the shipment, the Seller reserves the right to increase the final price of the order by additional postage when resending the order.
III. Payment methods
a) Bank transfer
When paying by bank transfer, wait for a confirmation email with payment information. The physical delivery of the order can be made only after the funds have been credited to the account of Komerční banka: 43-8747360297 / 0100. When paying by bank transfer, state the number of the invoice as a variable symbol, which we will send you after the order has been placed. For orders placed on weekends or outside business hours, the invoice will be sent as soon as possible. We do not accept payments by voucher.
b) Cash on delivery (cash upon receipt of goods)
You will only pay for the goods upon delivery directly to the sender - PPL. The price of this payment method is CZK 29.
IV. Shipping times
Delivery time is usually 1-3 business days, unless otherwise stated. For each item, we indicate a specific delivery time "at your place will be ..." including information on availability in stock "In stock / In stock at supplier" In the event that the buyer orders the goods listed as "In stock" and the seller will not have it physically available, our customer department will contact you.
V. Connecting orders and editing goods in orders
Unfortunately, it is not possible for us to combine multiple orders into one. It is also not possible to add or remove anything to the order. Thanks to this, we are able to maintain our high quality of service and speed of delivery. Thank you for your understanding.
1. Protection of personal data
Personal data are processed in accordance with applicable laws of the Czech Republic and European Union regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and of repealing Directive 95/46 / EC (General Data Protection Regulation). You can view all information about the processing of personal data here.
2. Internet order
After creating (sending) the order, the customer will receive an automatic response via e-mail, which contains information about the successful receipt, the method of our further communication and the exact specification of the ordered goods, including prices. Order confirmation is made only after telephone or e-mail confirmation of the order by an employee of the seller.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
Before sending the order to the Seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order.
3. Buyer's wishes (addition)
If the buyer states a special wish or other request in the note in the order, the Seller reserves the right to withdraw from the contract at any time until the moment of delivery of the ordered goods.
4. Validity of prices
The prices of goods are updated daily, they can be verified for individual items and are valid at the time of ordering.
5. Tax document and warranty card
The tax document is always part of the shipment or personal sale. The warranty card is issued depending on the conditions of the manufacturer. If the consignment contains only a tax document, this document also serves as a guarantee certificate.
6. Information and advice
All oral and written information on the suitability and use of the delivered goods are communicated to the best of the Seller's knowledge. However, they represent only its values of experience and information that the seller himself obtained from the manufacturer or his supplier.
III. Warranty and complaint conditions
All undescribed facts are governed by the Civil Code and Act no. 634/1992 Coll., The Consumer Protection Act as amended (hereinafter referred to as the “Consumer Protection Act”). In the case of the purchase of goods within the scope of business activities, the complaint is processed in accordance with the relevant provisions of the Civil Code.
Accepting the shipment
The buyer is advised not to accept the damaged shipment from the carrier and to contact our complaints department. In the event of receipt of a damaged shipment, the complaint will be handled in cooperation with the transport service. After accepting the goods, it is recommended to check the goods without undue delay and to report any detected defects in writing as soon as possible to e-mail: email@example.com (the fastest solution) or by correspondence to the address of the shop.
The method of describing the defect and other necessary information are given in the article "Complaint handling"
Rights from liability for defects, conditions for exercising these rights
The rights from defective performance are specified in the Civil Code in § 2161 and others. The buyer has, inter alia, the following rights:
The seller is responsible to the buyer that the item is free of defects upon receipt, if the defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. The date of sale is marked on the sales document or on the warranty card.
Occurrence of the defect within 6 months of sale
In the event of a defect within 6 months from the date of delivery / sale, the buyer has the right to demand delivery of a new item without defects, unless this is disproportionate due to the nature of the defect. If the defect concerns only a part of the item, the buyer may request the replacement of only this part. If this is not possible, the buyer may withdraw from the purchase contract.
Occurrence of the defect after the sixth month from the sale
1. Defective performance is a material breach of the purchase contract If the defect of the goods is a material breach of the purchase contract, the customer has a choice of the following options:
- Elimination of a defect by delivery of a new item or a missing item.
- Elimination of a defect by repairing the item.
- Providing a reasonable discount.
- Withdrawal from the purchase contract.
The customer will announce the selected variant when making a complaint and this information will be recorded in the complaint protocol.
2. Defective performance is insignificant breach of the purchase contract.
If the defect of the goods is insignificant breach of the purchase contract the customer has a choice of the following options:
- Defect rectification.
- Providing a reasonable discount.
The right from defective performance does not apply to:
1) For defects caused by normal using.
2) Incorrect using of the product.
3) Improper storage.
4) For defects caused by mechanical damage and wear or natural disaster (water, sand, fire, etc.).
For goods sold at a lower price, the warranty does not cover defects for which a lower price has been agreed. This defect is marked on the sales document or on the warranty card.
In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred. The seller is not liable for damage caused by the functionality or failure of the product. Furthermore, the seller is not responsible for any defects in the goods, of which the buyer was notified at the time of concluding the contract and at the same time did not refuse to take over the goods or caused them himself. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the buyer.
The buyer is recommended in case of a complaint about a product purchased from TB Baits, s.r.o. proceed as follows:
a) inform us about the complaint by phone, e-mail, in writing or in person
b) or at the shop - Průmyslová 1292, Jičín 50601, identification number 24800546, e-mail firstname.lastname@example.org, on working days from 9:00 to 18:00 send the goods as a registered package (not cash on delivery) to our address and to shipments, state the reason for the complaint, your address.
Deliver together with the claimed goods all components that may be related to the defect, an exact description of the defect, or evidence of the defect, which occurs only occasionally, contact information (phone, e-mail), specification of rights you want to assert in connection with the complaint, sales document (copy) and warranty card (if attached).
The consignment with the claimed goods should be delivered in proper secure packaging as a valuable package (not cash on delivery). These recommendations do not affect the possibilities and rights of the consumer arising from the Civil Code and the Act "On Consumer Protection", as amended, and are intended only to resolve the product complaint as quickly as possible.
The seller, after examining the submitted documents and a cursory inspection of the claimed goods,
- It acknowledges the complaint as justified and accepts the claimed goods on the spot into the complaint procedure and takes a written record of this
- Accepts the complaint and rejects it as unauthorized on the spot and returns the claimed goods to the buyer
- Accepts the claimed goods for professional assessment, based on the results of which the complaint will either be recognized as justified and properly settled, or will be rejected and the goods will be returned to the buyer.
The seller will issue a written confirmation to the buyer - a complaint protocol - when the right of liability for defects has been exercised, as well as the repair and its duration, or the method of handling the complaint.
Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. After this period, the buyer may request a reasonable discount from the purchase price or withdraw from the purchase contract.
Notice: The goods sent for the complaint must be free of impurities as far as possible. If the delivered goods are dirty, they will not be accepted into the complaint process and will be sent back to the sender's address immediately.
Cancellation of the order by the buyer
The buyer can cancel the order by phone on the customer line 774 743 484 or 774 743 494, or by email email@example.com until our operators inform you via SMS about sending your order to the delivery address you specified. In writing, the cancellation must include the order number. This number is listed in the automatic reply you will receive to your contact email after the successful creation of the order.
Cancellation of the order by the seller
The seller has the right not to confirm the order or to withdraw from the order, see "Withdrawal from the purchase contract concluded by means of distance communication". The seller reserves the right to withdraw from the purchase contract in the event of repeated non-acceptance of the shipment by the buyer. The seller has the right to withdraw from the order even in the event of an obvious error in the price of the goods (ie prices obviously different from the price for this type of goods usual). An obvious error in the price of goods is considered to be, for example, an incorrect indication of the number of digits, a manifestly low price of goods (eg 50% lower price than usual for this type and type of goods), and other obvious errors in writing. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address as soon as possible within 7 working days, but no later than 14 days from the cancellation of the order by the seller. Before withdrawing, the seller is always obliged to inform the customer of this fact.
Withdrawal from the purchase contract concluded through by distance communication
In accordance with applicable laws, the buyer has the right to withdraw from the purchase contract without giving a reason within 14 days from the date of receipt. Within this period, the buyer must send the withdrawal from the contract to the seller. The buyer will then return the goods to the seller without undue delay at his own expense. The seller will return the money to the buyer within 14 days of the buyer's withdrawal from the contract, but not before the return of the returned goods by the seller, or if the buyer proves that he sent the returned goods to the seller. In addition to the purchase price of the goods, the buyer has the right to a refund of costs related to the transport of goods, which he paid to the seller, but not more than the price of the cheapest transport offered by the seller. The cost of returning the goods to the seller is paid by the buyer himself, without the right to payment of the amount associated with the transport of the returned goods to the seller!
Withdrawal from the purchase contract can be sent by the buyer by post to the address TB baits s.r.o., Průmyslová 1292, Jičín 50601, identification number 24800546, VAT number CZ24800546 (which is also the address for sending the returned goods) or by e-mail to firstname.lastname@example.org.
Withdrawal from the purchase contract can be refused if:
The buyer will not send back the goods before the expiration of 14 days from the date on which he notified us that he was withdrawing from this contract,
it is a delivery of audio and video recordings and computer programs where the Buyer has violated their original packaging,
- the goods have been modified according to the Buyer's wishes,
- the goods are perishable,
- is the Buyer entrepreneur or legal entity
The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
Out-of-court settlement of a consumer dispute
Dear consumer, if you think that we have harmed you or did not meet your obligations, write to our email address email@example.com
- If we fail to resolve the dispute directly, on the basis of Act No. 378/2015 amending Act No. 634/1992 Coll., On Consumer Protection, you also have the right to an out-of-court settlement of a consumer dispute.
- The subject (ADR) of out-of-court settlement of consumer disputes between a trader and a consumer is the Czech Trade Inspection Authority, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html.
- At the Czech Trade Inspection Authority, the consumer has the opportunity to submit a proposal via the online form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs.
- The consumer may file a petition with the Czech Trade Inspection Authority or an authorized entity no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
- The consumer can also file a proposal through the Out-of-Court Consumer Dispute Resolution Platform EU, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Only an EU consumer can apply here to an EU trader.
- If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for Out-of-Court Settlement of Consumer Disputes were violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to the email address firstname.lastname@example.org.
- In the case of cross-border disputes, the European Consumer Center Czech Republic assists consumers in accessing the competent body for out-of-court settlement of consumer disputes.
- The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.
Defective performance rights will lapse if they have not been exercised during the warranty period. These Complaints Rules come into force on 1 January 2014. We reserve the right to make changes to the Complaints and Business Rules.