Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These General Terms and Conditions (“Terms”) of ShockStuff s.r.o., with its registered office at Varšavská 715/36, Vinohrady (Prague 2), 120 00 Prague, Czech Republic, Company ID 17641721, registered in the Commercial Register under file no. C 374372 maintained by the Municipal Court in Prague (file no. C 374372/MSPH), email: info@shockstuff.com, telephone: +420728696766, operating address: Varšavská 715/36, Vinohrady, 120 00 Prague (please note that at this address there is only the billing mailbox and the company’s registered office, not the actual premises), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll. (the “Civil Code”), as amended, the mutual rights and obligations between You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase contract (“Contract”) concluded through our E-shop at the website www.shockstuff.com.

All information regarding the processing of your personal data is contained in our Privacy Policy, which can be found here:
https://old.uoou.cz/4-zasady-a-pravni-d-vody-zpracovani/d-27271.

The provisions of these Terms form an integral part of the Contract. Both the Contract and these Terms are drawn up in the Czech language, this is a translation. We reserve the right to unilaterally amend or supplement these Terms. Such amendments do not affect rights and obligations that arose under the previous version during its period of validity.

This translation is provided for convenience only. The translated version of these Terms and Conditions is not an official document and is offered solely as an aid for understanding. The original Czech text remains the only legally binding and official version. In the event of any discrepancies or conflicts between this translation and the original Czech text, the Czech version shall prevail.

As you are aware, our communication is primarily remote. Therefore, for our Contract, remote means of communication are used, allowing us to agree without simultaneous physical presence, and the Contract is concluded by means of distance communication within the E-shop environment (via the website interface of the E-shop).

Should any part of these Terms conflict with any specific agreement reached during the purchase process on our E-shop, that specific agreement shall take precedence over these Terms.

SOME DEFINITIONS

1.1. Price – The monetary amount you shall pay for the Goods.

1.2. Delivery Fee – The monetary amount you shall pay for the delivery of the Goods, including the cost of packaging.

1.3. Total Price – The sum of the Price and the Delivery Fee.

1.4. VAT – The value-added tax in accordance with applicable legal regulations.

1.5. Invoice – The tax document issued in accordance with the VAT Act, based on the Total Price.

1.6. Order – Your binding offer to conclude a Contract for the purchase of the Goods with Us.

1.7. User Account – An account created by you, based on the information provided by you, which allows storing your details and the history of ordered Goods and concluded Contracts.

1.8. Buyer – You, the person purchasing via our E-shop, as defined by applicable law.

1.9. Goods – All items available for purchase on the E-shop.

GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is only possible via the website interface of the E-shop.

2.2. When purchasing Goods, you are obligated to provide us with all required information correctly and truthfully. The information you provide in your Order will be considered accurate and true.

2.3. Our E-shop also provides access to product ratings and reviews from other consumers. We ensure the authenticity of these reviews by linking them to specific orders. In our internal system, each review is connected to an order ID, enabling us to verify that the review originates from a genuine customer.

CONCLUSION OF THE CONTRACT

3.1. The Contract with Us may only be concluded in the Czech language or English language.

3.2. The Contract is concluded remotely via the E-shop, and you are responsible for any costs incurred for using remote communication means. These costs, however, do not differ from the basic rate you already pay for using such means (e.g., internet access); you should not expect any additional charges above the Total Price. By submitting your Order, you agree to our use of remote communication.

3.3. To enable us to conclude the Contract, you must create an Order in the E-shop. This Order must include the following information:

a) Details of the Goods (on the E-shop, you indicate your interest in purchasing a particular item by clicking the “Add to Cart” button);
b) Information regarding the Price, Delivery Fee, the method of payment for the Total Price, and your chosen delivery option; these details will be automatically filled based on the Goods you selected, the chosen method of delivery, and the selected payment method;
c) Your identification and contact details necessary for delivering the Goods, including, but not limited to, your name, surname, delivery address, telephone number, and email address.

3.4. During the process of creating an Order, you may modify and verify the entered data until you complete the Order. By clicking the “Order with Obligation to Pay” button, you finalize your Order. However, before clicking this button, you must confirm that you have read and agree to these Terms via a check box. Once you click “Order with Obligation to Pay”, all the provided information will be sent directly to us.

3.5. We will confirm your Order as soon as possible after receiving it by sending a confirmation email to the email address provided in your Order. The confirmation will include a summary of the Order and these Terms as an attachment. The Terms, as in effect on the day of your Order (i.e. as attached to the confirmation email), form an integral part of the Contract. The Contract between You and Us is concluded upon confirmation of the Order.

3.6. There may be cases when we are unable to confirm your Order. This may occur if the Goods are unavailable or if you order a quantity exceeding our allowed limits. We always provide information on the maximum quantity available on the E-shop beforehand, so this should not come as a surprise. If, for any reason, we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form. In that case, the Contract is concluded when you confirm our offer.

3.7. In the event that an obviously erroneous Price is displayed in the E-shop or the Order, we are not obligated to deliver the Goods at that Price even if you have received an Order confirmation (and thus the Contract has been concluded). In such a situation, we will contact you immediately and offer you a new Contract based on a corrected Order. An obvious error in the Price is understood, for example, as a situation where the Price does not correspond to the usual market price or contains an incorrect digit.

3.8. Should the Contract be concluded, you are obligated to pay the Total Price.

3.9. If you have a User Account, you may place an Order through it. Even in that case, you must verify the correctness, truthfulness, and completeness of the pre-filled data. The process of creating an Order remains identical to that for a buyer without a User Account—the advantage being that you do not need to re-enter your identification details repeatedly.

3.10. In certain cases, we offer discounts on the purchase of Goods. To avail of the discount, you must enter the relevant discount information in the designated field in the Order. If you do so, the Goods will be provided to you at the discounted price.

USER ACCOUNT

4.1. By registering in our E-shop, you may access your User Account.

4.2. When registering for a User Account, you must provide accurate and truthful information and update it in case of any changes.

4.3. Access to your User Account is secured by a username and password. You are responsible for keeping these credentials confidential and must not share them with anyone. We assume no liability in the event of their misuse.

4.4. The User Account is personal; you are not permitted to allow third parties to use it.

4.5. We may cancel your User Account, especially if it is not used for more than 24 months or if you breach your obligations under the Contract.

4.6. Please note that the User Account may not be available continuously, primarily due to necessary maintenance of hardware and software.

PRICING AND PAYMENT TERMS, TRANSFER OF OWNERSHIP

5.1. The Price is always indicated on the E-shop, in the Order proposal, and, of course, in the Contract. In case of any discrepancy between the Price displayed for the Goods on the E-shop and the Price shown in the Order proposal, the Price in the Order proposal shall prevail; it will always be identical to the Price in the Contract. The Order proposal also displays the Delivery Fee and the conditions under which delivery is free of charge.

5.2. The Total Price is stated including VAT and all statutory charges.

5.3. Payment for the Total Price is due after the conclusion of the Contract and before the Goods are handed over. You can pay the Total Price by the following methods:

a) Bank Transfer: Payment instructions will be sent to you with the Order confirmation. In the case of bank transfer, the Total Price is due within 5 working days.
    b) Online Card Payment: In this case, payment is processed via the ShoptetPay payment gateway and is subject to the gateway’s terms and conditions available at https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. The Total Price is due within 5 working days when paying by card online.
    c) Cash on Delivery: Payment is made at the time of receiving the Goods in exchange for handing over the Goods.
    d) Cash upon Personal Collection: Please note that personal collection is not available as we operate solely as an E-shop and our delivery/packaging system does not permit direct handover.

5.4. The invoice will be issued electronically after the Total Price has been paid and will be sent to your email address. It may also be accessed via your User Account.

5.5. Ownership of the Goods transfers to you only after you have paid the Total Price and have received the Goods. In the case of payment by bank transfer, payment is considered completed when the Total Price is credited to our account; in other cases, payment is effected at the time of the transaction.

DELIVERY OF GOODS AND TRANSFER OF RISK

6.1. The Goods will be delivered to you no later than seven working days by the delivery method of your choice, with the following options available:

a) Personal collection at our premises as listed;
b) Personal collection at pick-up points operated by Zásilkovna, Uloženka;
c) Delivery via courier services such as Česká pošta, PPL CZ, DHL, or Zásilkovna.

6.2. Delivery of Goods is available only within the Czech Republic and EU countries.

6.3. The delivery time depends on the availability of the Goods and the chosen method of delivery and payment. The expected delivery time will be provided in the Order confirmation. The time stated in these Terms is for guidance only and may differ from the actual delivery time. In the case of personal collection, you will be notified by email when the Goods are ready for pick-up.

6.4. Upon receiving the Goods from the carrier, you must inspect the packaging for any damage and immediately report any defects both to the carrier and to us. If the packaging shows signs of tampering or unauthorized handling, you are under no obligation to accept the Goods.

6.5. Should you fail to collect the Goods (except in cases referred to in Section 6.4), this shall not constitute a breach of our obligation to deliver the Goods. However, your failure to collect the Goods does not constitute a termination of the Contract. In such a case, we reserve the right to withdraw from the Contract due to your substantial breach. If we decide to withdraw, the withdrawal becomes effective on the day you are notified. Withdrawal from the Contract does not affect our right to charge you for the Delivery Fee or to claim damages, if any.

6.6. If, due to reasons attributable to you, the Goods must be redelivered or delivered by an alternative method than originally agreed, you shall reimburse us for any additional costs incurred. Payment details for these costs will be sent to the email address provided in the Contract, and they are payable within 14 days from the notification.

6.7. The risk of accidental loss or damage to the Goods transfers to you at the moment of receipt. If you do not collect the Goods (except in cases referred to in Section 6.4), the risk transfers to you at the time when you had the opportunity to collect them but did not do so for reasons attributable to you. This means that from that moment onward, you bear all consequences associated with any loss, destruction, damage, or depreciation of the Goods.

6.8. In cases where the Goods are not listed as “in stock” on the E-shop and an estimated delivery time is provided, we will always inform you in the event of:
a) an extraordinary production delay, in which case we will provide a new expected availability date or inform you that delivery is not possible;
b) delays in delivery from our supplier, in which case we will communicate the new expected delivery time.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We warrant that at the time the risk of damage to the Goods transfers to you in accordance with Section 6.7, the Goods are free from defects. In particular, the Goods shall:
    a) correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and any other agreed characteristics;
    b) be suitable for the purpose for which you require them and for which we have agreed;
    c) be delivered with the agreed accessories and instructions for use, including installation or assembly instructions where applicable;
    d) be suitable for the purpose for which Goods of this type are normally used;
    e) in terms of quantity, quality, and other attributes—including durability, functionality, compatibility, and safety—correspond to the typical characteristics one may reasonably expect of similar Goods, taking into account any public statements made by us or another party in the supply chain (including advertising or labeling);
    f) be delivered with all expected accessories, including packaging, assembly instructions, and other user guidelines; and
    g) conform in quality or workmanship to any sample or model provided to you prior to the conclusion of the Contract.

7.2. Rights and obligations regarding defective performance are governed by the applicable mandatory legal provisions (in particular, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code, as well as Act No. 634/1992 Coll. on Consumer Protection, as amended).

7.3. Should the Goods prove defective—that is, should any of the conditions in Section 7.1 not be met—you may notify us of such defects and invoke your rights arising from defective performance (i.e. make a claim for defective Goods) by sending an email or letter to the addresses provided in our identification details or by mailing to:
ShockTherapy
Ostrovského 253/3
Prague 5, 15000
Alternatively, you may use the sample claim form provided by us, which forms Appendix No. 1 to these Terms. When asserting your rights regarding the defect, you must choose the remedy you require, and this choice may not subsequently be changed without our consent. We will process your claim in accordance with the remedy you have chosen.

7.4. In the event that the Goods are defective, you are entitled to the following remedies:

a) the removal of the defect by delivering new, defect-free Goods or, in the case of missing parts, by supplying the missing components; or
b) the removal of the defect by repairing the Goods, unless the chosen remedy is impossible or, in comparison with the alternative, disproportionately expensive. This shall be assessed, inter alia, in view of the significance of the defect, the value the Goods would have had if defect-free, and whether the defect can be remedied without significant inconvenience to you.

7.5. We reserve the right to refuse to remedy a defect if doing so is impossible or disproportionately expensive in relation to the significance of the defect and the value the Goods would have without the defect.

7.6. Additionally, you are entitled to:

a) an appropriate reduction in the Price; or
b) withdrawal from the Contract, provided that:
– we refuse to remedy the defect or fail to do so in accordance with applicable law;
– the defect recurs;
– the defect constitutes a material breach of the Contract; or
– it is evident from our representations or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

7.7. The right to withdraw from the Contract does not apply if the defect is minor.

7.8. If the defect is caused by your actions, you shall not be entitled to assert any rights arising from defective performance.

7.9. Normal wear and tear resulting from the usual use of the Goods (or, in the case of used Goods, wear commensurate with previous usage) shall not be considered a defect.

7.10. When processing a claim, we will issue a written acknowledgment sent to your email address, specifying:
    a) the date on which you submitted the claim;
    b) the details of the claim;
    c) the remedy you are requesting; and
    d) your contact details for further information regarding the resolution of the claim.

7.11. Unless otherwise agreed, we will remedy the defect and inform you of the resolution within 30 days of receiving your claim. If this period elapses without resolution, you may withdraw from the Contract or demand an appropriate reduction in the Price.

7.12. We will notify you by email regarding the processing of your claim and will provide you with confirmation indicating the date and manner in which the claim was resolved. If the claim is justified, you are entitled to reimbursement of any reasonably incurred costs. You are required to substantiate such costs (e.g., receipts or transportation cost confirmations). In the event that the defect is remedied by delivering new Goods, you are obligated to return the original Goods to us; however, we will cover the cost of return shipping.

7.13. If you are a business customer, you are required to notify and specify the defect without undue delay after discovering it, but no later than three days from the receipt of the Goods.

7.14. If you are a consumer, you have the right to assert your rights arising from defective performance with respect to consumer Goods for a period of 24 months from the receipt of the Goods.

WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for reasons and in the manner set out in this Article or in other provisions of these Terms where the possibility of withdrawal is expressly provided.

8.2. If you are a consumer (i.e. a natural person purchasing the Goods for non-business purposes), in accordance with Section 1829 of the Civil Code, you have the right to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or, if it concerns the purchase of Goods, within 14 days from the receipt thereof. In the case of a Contract that involves several items or deliveries in parts, this period commences on the day of delivery of the last item or part, and if the Contract involves regular and repeated deliveries, it begins on the day the first delivery is made.

8.3. You may withdraw from the Contract by any demonstrable means (e.g., by sending an email or letter to the addresses provided in our identification details). You may also use the sample withdrawal form provided by us, which forms Appendix No. 2 to these Terms.

8.4. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract comprises services or goods specified under Section 1837 of the Civil Code.

8.5. The withdrawal period as stated in Section 8.2 is deemed to be met if you notify us of your withdrawal within that period.

8.6. In the event of withdrawal from the Contract under Section 8.2, you are obligated to return the Goods to us within 14 days from notifying us of the withdrawal, and you bear the cost of returning the Goods. You are, however, entitled to a refund of the Delivery Fee, but only to the extent corresponding to the cheapest delivery method we offered for the delivery of the Goods. In cases of withdrawal due to our breach of the Contract, we shall also bear the cost of returning the Goods—again only up to the Delivery Fee corresponding to the least expensive delivery method offered.

8.7. In the event of withdrawal from the Contract, the Total Price will be refunded to you within 14 days from the effective date of the withdrawal, to the bank account from which the payment was received or to another account designated by you. However, the refund will not be made until we have received the Goods back or you provide evidence of having sent the Goods back to us. Please return the Goods in a clean condition and, if possible, with the original packaging. In the case of sets of bearings or seals, the Goods must not show any signs of use or assembly.

8.8. In the event of withdrawal from the Contract under Section 8.2, you shall be liable for any diminution in the value of the Goods resulting from handling them beyond what is necessary to ascertain the nature, characteristics, and functionality of the Goods – that is, in a manner similar to what you would do in a physical store. If we have not yet refunded the Total Price, we are entitled to set off any costs incurred against your claim for a refund.

8.9. We reserve the right to withdraw from the Contract at any time before the Goods are delivered if there are objective reasons that prevent delivery (e.g., reasons attributable to third parties or inherent to the nature of the Goods), even before the period specified in Section 6.1 has elapsed. We may also withdraw from the Contract if it is evident that you deliberately provided incorrect information in your Order. If you are purchasing Goods as part of your business activities (i.e. as a business customer), we are entitled to withdraw from the Contract at any time without giving any reason.

RESOLUTION OF CONSUMER DISPUTES

9.1. With respect to Buyers, we are not bound by any voluntary codes of conduct in the sense of Section 1826(1)(e) of the Civil Code.

9.2. Consumer complaints are processed via the email address: info@shockstuff.com. Information regarding the resolution of a complaint will be sent to the consumer’s email address.

9.3. For out-of-court resolution of consumer disputes arising from the Contract, the Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 796/44, 110 00 Prague 1 (Company ID: 00020869) is the competent body. Furthermore, the online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between a Seller and a Buyer (if the Buyer is a consumer) arising from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, located at Štěpánská 796/44, 110 00 Prague 1 (website: http://www.evropskyspotrebitel.cz), is the designated 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.

FINAL PROVISIONS

10.1. If our legal relationship with you contains an international element (for example, if we deliver Goods outside the Czech Republic), it shall be governed by Czech law. However, if you are a consumer, your rights under mandatory legal provisions remain unaffected.

10.2. All written correspondence between us will be sent electronically. Our email address is provided in our identification details. We will deliver correspondence to the email address you provided in the Contract, via your User Account, or through whichever email you used to contact us.

10.3. The Contract may only be amended by our written agreement. However, we reserve the right to change or supplement these Terms. Such changes will not affect Contracts already concluded, but will apply only to Contracts entered into after the changes take effect. We will notify you of any changes only if you have a User Account (so that you are informed when placing a new Order) or if we are supplying you with Goods on a regular, recurring basis under the Contract. We will send notice of any change to your email address at least 14 days prior to the effective date of the change. If we do not receive notice of termination from you within 14 days after sending notice of the change, the new Terms will become part of our Contract and will apply to subsequent deliveries. In case you do terminate, the notice period shall be two months.

10.4. In the event of force majeure or unforeseen events (e.g., natural disasters, pandemics, operational failures, or disruptions of our subcontractors), we shall not be liable for any damages arising from or in connection with such events. If the force majeure situation lasts for more than 10 days, both you and we shall have the right to withdraw from the Contract.

10.5. Appendices to these Terms include a sample claim form (Appendix No. 1) and a sample withdrawal form (Appendix No. 2).

10.6. The Contract, including these Terms, is archived electronically by us, although it is not directly accessible to you. However, you will always receive these Terms together with the Order confirmation by email and thus will have access to the Contract without our further assistance. We recommend that you save the Order confirmation and the Terms.

10.7. These Terms shall become effective as of 16 October 2023.

APPENDIX NO. 1 – CLAIM FORM

Addressee:
ShockStuff / ShockTherapy
Ostrovského 253/3
Prague 5, 15000

Submission of a Claim

Date of Conclusion of the Contract:
Name and Surname:
Address:
Email Address:
Goods Being Claimed:
Description of the Defects in the Goods:
Requested Method for Resolving the Claim:

I also request that a confirmation of receipt of the claim be issued, stating the date on which I submitted the claim, the contents of the claim, the remedy I require, and my contact details for further information regarding the processing of my claim.

Date:
Signature:

APPENDIX NO. 2 – WITHDRAWAL FORM

Addressee: …………..

I hereby declare that I withdraw from the Contract:

Date of Conclusion of the Contract:
Name and Surname:
Address:
Email Address:
Specification of the Goods to which the Contract Relates:
Preferred Method for the Refund of the Paid Amount, or the Bank Account Number:

If the Buyer is a consumer and has ordered Goods through the E-shop of ShockStuff s.r.o. (“the Company”) or another remote communication method, the Buyer (except in cases provided for by Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended) has the right to withdraw from the concluded purchase contract within 14 days from the date of the conclusion of the Contract, or, in the case of the purchase of Goods, within 14 days from their receipt. In the case of a Contract involving several items or deliveries in parts, this period begins on the day the last item or part is delivered, and in the case of a Contract for regular and repeated deliveries, from the day the first delivery is made.

The Buyer shall notify the Company of the withdrawal at the Company’s registered office (please note that the company’s registered office is not intended to receive parcels and is used solely for written correspondence, e.g., letters) or electronically via the email address provided on the sample form.

If the Buyer, being a consumer, withdraws from the purchase contract, they shall send or deliver the Goods received from the Company without undue delay and no later than 14 days from the notification of the withdrawal.

Upon withdrawal from the purchase contract, the Company shall refund all received funds (the purchase price of the delivered Goods) within 14 days from the effective date of the withdrawal using the same method of payment used for the original transaction. If the Buyer opted for a delivery method other than the cheapest one offered by the Company, the refund for the delivery costs shall be limited to the cost corresponding to the least expensive method offered. The Company is not obliged to refund the funds before it has received the Goods back or you have provided evidence that you have returned the Goods.

Date: 16 October 2023
Václav Kalhaus
Managing Director of ShockStuff s.r.o.
Signature: Václav Kalhaus

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