Terms and Conditions

 

Terms & Conditions

UNITE ARMORY

JAN KADAŇKA
Company ID (IČO): 19909381 · VAT ID (DIČ): CZ9707245306
Registered office: Valašská Bystřice Na horách 696, 75627

1. Introductory Provisions

1.1. These General Terms and Conditions (hereinafter the "GTC") of the business entity Jan Kadaňka, Company ID: 19909381 (hereinafter "unitearmory" or "we") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations arising in connection with or on the basis of a purchase contract (hereinafter the "Purchase Contract") concluded between unitearmory.cz and consumers or entrepreneurs (hereinafter the "customer" or "you") via the online store at https://www.unitearmory.cz/ (hereinafter the "Website").

1.2. These Terms do not apply where the person intending to purchase goods from the seller is a legal entity or a person acting, when ordering goods, within the scope of their business activity or the independent performance of their profession.

1.3. Provisions deviating from these Terms may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms.

1.4. The provisions of these Terms form an integral part of the Purchase Contract. The Purchase Contract and these Terms are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5. The seller may amend or supplement these Terms. Rights and obligations arising during the effectiveness of the previous version are not affected by such changes.

2. User Account

2.1. Based on the buyer’s registration on the Website, the buyer can access their user interface. From this user interface, the buyer can place orders for goods (hereinafter the "User Account"). Where the Website allows, the buyer may also order goods without registration directly via the Website.

2.2. When registering on the Website and when ordering goods, the buyer is obliged to provide accurate and truthful information. The buyer must update the data in the User Account in the event of any change. The data provided by the buyer in the User Account and when ordering goods are deemed correct by the seller.

2.3. Access to the User Account is protected by a username and password. The buyer must maintain confidentiality of the information necessary to access their User Account.

2.4. The buyer is not entitled to allow third parties to use the User Account.

2.5. The seller may cancel the User Account, in particular if the buyer has not used it for more than one (1) year, or if the buyer breaches their obligations under the Purchase Contract (including these Terms).

2.6. The buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the seller’s or third parties’ hardware and software.

3. Conclusion of the Purchase Contract

3.1. Any presentation of goods on the Website is for information purposes only and the seller is not obliged to conclude a Purchase Contract for such goods. Section 1732(2) of the Civil Code does not apply.

3.2. The Website contains information about the goods, including the prices of individual items and the costs of returning goods where these cannot, by their nature, be returned by ordinary post. The prices remain valid for as long as they are displayed on the Website. This does not limit the seller’s ability to conclude a Purchase Contract under individually agreed terms.

3.3. The Website also contains information about packaging and delivery costs. The information on such costs applies only when the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out the order form on the Website. The order form contains in particular:

  1. the goods being ordered (the buyer "adds" the selected goods to the electronic shopping cart on the Website),
  2. the method of payment of the purchase price, the requested method of delivery, and
  3. information on the costs associated with delivery (collectively the "Order").

3.5. Before sending the Order, the buyer can check and change the data entered, including the ability to detect and correct input errors. The buyer submits the Order to the seller by clicking the button “ORDER with obligation to pay”. The data stated in the Order are deemed correct by the seller. The seller shall promptly confirm receipt of the Order to the buyer by e‑mail to the buyer’s e‑mail address stated in the User Account or in the Order (hereinafter the "Buyer’s E‑mail Address").

3.6. Depending on the nature of the Order (quantity of goods, total price, expected shipping costs), the seller may request additional confirmation (e.g., in writing or by phone).

3.7. The contractual relationship between the seller and the buyer is created by the seller’s confirmation (acceptance) of the Order sent to the buyer by e‑mail, in the form of a status e‑mail informing that the goods are prepared together with a payment request, or that the goods are ready for pickup or dispatch. This confirmation is not identical to the acknowledgement of receipt of the Order under clause 3.5.

3.8. The buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the buyer when using distance communication in connection with concluding the Purchase Contract (internet connection, telephone calls) are borne by the buyer and do not differ from the basic rate.

3.9. If a price for goods or services is shown which is clearly the result of a typographical or numerical error, such price is not binding and the Purchase Contract is not concluded.

4. Price of Goods and Payment Terms

4.1. The buyer may pay the purchase price and any costs associated with delivery under the Purchase Contract to the seller by the following methods:

  • Cash on delivery via the carrier;
  • Bank transfer to the seller’s account No. 352055259/0300, held with Československá obchodní banka (hereinafter the "Seller’s Account");
  • Cash upon personal pickup.

4.2. For goods that were not in stock at the time of ordering (pre‑order), the seller reserves the right to change the price depending on supplier pricing, exchange rates, etc. Once the goods arrive, the buyer will receive an informational e‑mail with the current price before dispatch. The buyer may cancel the Order at any time in this context.

4.3. Together with the purchase price, the buyer shall also pay packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the term “purchase price” also includes delivery costs.

4.4. The seller does not require any deposit or similar payment from the buyer. This is without prejudice to clause 4.7 regarding advance payment of the purchase price.

4.5. For cash or cash‑on‑delivery payments, the purchase price is due upon receipt of the goods. For bank transfer payments, the purchase price is due within 3 days from conclusion of the Purchase Contract.

4.6. For bank transfers, the buyer must include the variable symbol. The buyer’s obligation to pay is fulfilled when the respective amount is credited to the Seller’s Account.

4.7. The seller is entitled, especially where the buyer fails to provide additional Order confirmation (see clause 3.6), to require payment of the full purchase price before dispatching the goods. Section 2119(1) of the Civil Code does not apply.

4.8. Any discounts granted to the buyer cannot be combined.

4.9. Where customary in business practice or required by law, the seller will issue a tax document (invoice) after payment and send it electronically to the Buyer’s E‑mail Address.

4.10. In accordance with the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. The seller must also register the sale online with the tax administrator, or, in case of a technical outage, no later than within 48 hours.

4.11. If a price for goods or services is shown which is clearly the result of a typographical or numerical error, such price is not binding and the Purchase Contract is not concluded.

5. Withdrawal from the Contract

Use the Complaint/Return Form for returns or complaints.

5.1. The buyer acknowledges that under Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a contract for the supply of goods adjusted according to the buyer’s wishes or for their person, goods subject to rapid deterioration, goods irreversibly mixed with other goods after delivery, goods in a sealed package that the consumer has removed and cannot be returned for hygiene reasons, or the supply of audio/video recordings or computer software if their original seal has been broken.

5.2. Unless covered by clause 5.1 or another case where withdrawal is excluded, the buyer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods; where multiple types or parts are supplied, the period runs from receipt of the last delivery. The notice of withdrawal must be sent to the seller within this period. The buyer may use the sample form provided as an annex to these Terms. The buyer may send the notice of withdrawal to the seller’s business address or e‑mail address.

5.3. In the event of withdrawal under clause 5.2, the Purchase Contract is rescinded from the outset. The buyer must return the goods to the seller within fourteen (14) days of the withdrawal notice being delivered to the seller. The buyer bears the costs of returning the goods, even if the goods cannot, due to their nature, be returned by ordinary post.

Return address:
JAN KADAŇKA, Oty Synka 1837/3, 70800 Ostrava – Poruba, tel.: +420 736 641 831, e‑mail: info@unitearmory.cz

5.4. In case of withdrawal under clause 5.2, the seller will refund the funds received from the buyer within fourteen (14) days of the withdrawal, using the same method by which the payment was made, unless agreed otherwise and without additional costs to the buyer. The seller is not obliged to refund before the goods are returned or the buyer proves that the goods have been sent back. If the buyer chose a delivery method other than the least expensive offered, the seller will refund the cost corresponding to the least expensive method.

5.5. The seller may set off a claim for damage to the goods against the buyer’s claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw under Section 1829(1) of the Civil Code, the seller may also withdraw from the Purchase Contract at any time until the goods are received by the buyer. In such case, the seller will refund the purchase price without undue delay by bank transfer to the buyer’s designated account.

5.7. Where a gift is provided with the goods, the gift agreement is concluded with a condition subsequent that if the buyer withdraws, the gift agreement ceases to be effective and the buyer must return the gift together with the goods.

6. Transport and Delivery of Goods

6.1. If the method of transport is arranged at the buyer’s specific request, the buyer bears the risk and any additional costs associated with that method.

6.2. If the seller is obliged to deliver the goods to a place designated by the buyer in the Order, the buyer must take delivery upon arrival.

6.3. If, for reasons on the buyer’s side, delivery must be repeated or carried out in a manner other than that stated in the Order, the buyer shall pay the costs of repeated delivery or the alternative method.

6.4. Upon receipt from the carrier, the buyer must check the integrity of the packaging and promptly notify the carrier of any defects. If the packaging appears breached indicating tampering, the buyer need not accept the shipment.

6.5. Additional rights and obligations regarding transport may be governed by the seller’s delivery terms, if issued.

7. Rights from Defective Performance

7.1. The rights and obligations of the parties regarding defective performance are governed by applicable law (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

7.2. The seller warrants to the buyer that the goods are free from defects upon receipt. In particular, at the time the buyer takes over the goods:

  1. the goods have the properties agreed by the parties or, absent such agreement, the properties described by the seller or manufacturer, or expected by the buyer with regard to the nature of the goods and the advertising;
  2. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used;
  3. the goods correspond in quality or workmanship to the agreed sample or specimen, if quality or workmanship was determined according to a sample or specimen;
  4. the goods are in the appropriate quantity, measure or weight; and
  5. the goods comply with legal requirements.

7.3. The provisions of clause 7.2 do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, for used goods to a defect corresponding to the level of use or wear the goods had when taken over, or where it follows from the nature of the goods.

7.4. If a defect appears within twelve months of receipt, it is presumed that the goods were defective at the time of receipt. The buyer is entitled to exercise rights for defects in consumer goods within twenty‑four months of receipt.

7.5. The buyer shall exercise rights from defects at the seller’s place of business where acceptance of complaints is possible with regard to the assortment, or at the seller’s registered office or place of business.

7.6. Further rights and obligations may be governed by the seller’s complaints policy.

8. Other Rights and Obligations of the Parties

8.1. Title to the goods passes upon full payment of the purchase price.

8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled via honzakadanka@email.cz. The seller will inform the buyer of the outcome via the Buyer’s E‑mail Address.

8.4. The Czech Trade Inspection Authority (ČOI), Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, https://adr.coi.cz/cs, is competent for out‑of‑court resolution of consumer disputes from the Purchase Contract. The EU online dispute resolution platform at http://ec.europa.eu/consumers/odr may also be used.

8.5. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013.

8.6. The seller is authorised to sell goods on the basis of a trade licence. Trade supervision is exercised by the competent trade licensing office. Supervision over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal Data Protection

Note: This section reflects the wording you provided. For GDPR compliance, consider updating references from Act No. 101/2000 Coll. to current GDPR/Act No. 110/2019 Coll. requirements.

9.1. Protection of personal data of a buyer who is a natural person is provided under Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e‑mail address, telephone number, etc. (hereinafter collectively the "Personal Data").

9.3. The buyer agrees that the seller will process Personal Data for the purposes of exercising rights and obligations from the Purchase Contract and for the purposes of maintaining the User Account. Unless the buyer chooses otherwise, the buyer also agrees that the seller may process Personal Data for sending information and commercial communications. Consent under this clause is not a condition that would, by itself, prevent conclusion of the Purchase Contract.

9.4. The buyer acknowledges the obligation to provide accurate and truthful Personal Data (during registration, in the User Account, and in Orders) and to inform the seller without undue delay of any changes.

9.5. The seller may entrust the processing of Personal Data to a third party as a processor. Except for carriers, Personal Data will not be transferred to third parties without the buyer’s prior consent.

9.6. Personal Data will be processed for an indefinite period, electronically in an automated manner or in printed form in a non‑automated manner.

9.7. The buyer confirms that the Personal Data provided are accurate and that they were informed that provision is voluntary.

9.8. If the buyer believes that the seller or processor is processing Personal Data in violation of privacy or the law, in particular if the data are inaccurate with regard to the purpose, the buyer may:

  1. request an explanation from the seller or processor, and
  2. request that the seller or processor remedy the situation.

9.9. Upon the buyer’s request for information about processing of Personal Data, the seller is obliged to provide such information and may charge a reasonable fee not exceeding the costs necessary to provide the information.

10. Commercial Communications and Cookies

10.1. The buyer agrees to receive information related to the seller’s goods, services or business at the Buyer’s E‑mail Address and agrees to receive commercial communications from the seller.

10.2. The buyer agrees to the storage of cookies on their computer. If it is possible to purchase on the Website and fulfil obligations without cookies, the buyer may withdraw consent at any time.

11. Service of Notices

11.1. Notices regarding the relationship between the seller and the buyer, in particular withdrawal from the Purchase Contract, must be delivered by registered post unless otherwise stated in the Purchase Contract. Notices shall be delivered to the other party’s contact address and are deemed delivered upon delivery by post, except for a buyer’s notice of withdrawal, which is effective if dispatched within the withdrawal period.

11.2. A notice is also deemed delivered if receipt is refused, not collected within the collection period, or returned as undeliverable.

11.3. The parties may deliver ordinary correspondence by e‑mail to the addresses stated in the User Account or in the Order, or to the e‑mail address on the seller’s Website.

12. Sales Restrictions

12.1. Products with sales restrictions. Certain products are intended exclusively for members of state armed forces or services (e.g., Police of the Czech Republic, Czech Army, Customs Administration, Prison Service). These products are not subject to the PPE regime under Regulation (EU) 2016/425 and are not intended for the civilian market. When ordering these products, we reserve the right to request proof of service or other verification of eligibility to purchase.

12.2. Sport equipment. Products in the protective equipment category (e.g., ballistic helmets, vests, and related equipment) have specific use limitations, warranty scope, and liability terms. The buyer acknowledges that no ballistic protection is absolute and that these products may only be used in accordance with the manufacturer’s intended use. Detailed terms of use and disclaimers are set out in the document Sport Equipment – Notice, which forms an integral part of these Terms and is available on the seller’s Website.

13. Final Provisions

13.1. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship is governed by Czech law. Consumer rights under generally binding legal regulations are not affected.

13.2. If any provision of these Terms is invalid or ineffective, or becomes so, a provision whose meaning is closest to the invalid provision shall apply instead. Invalidity or ineffectiveness of one provision shall not affect the validity of the others. Amendments and supplements to the Purchase Contract or these Terms require written form.

13.3. The Purchase Contract, including these Terms, is archived electronically by the seller and is not accessible.

13.4. A sample withdrawal form constitutes an annex to these Terms.

13.5. Seller’s contact details: service address Oty Synka 1837/3, 70800 Ostrava – Poruba; e‑mail: honzakadanka@email.cz; phone: +420 736 641 831.

In Ostrava on 15 November 2024. These Terms take effect on 15 November 2024.

Non‑binding translation: This English version is provided for convenience. In case of discrepancies, the Czech version prevails. Consider a legal review for GDPR updates.