Business conditions valid and effective from 1.2.2020

1. Introductory provisions

1.1 In accordance with the provisions of §1751 par. 1 of Act no. No. 89/2012 Coll. (Civil Code) as amended, the operator of the Larp-sword.com server issues these terms and conditions, which are an integral part of the purchase contract concluded between

Tomian Film & Larp Service, Václavkova 2, Prague 6,
IČ 04161734,
contact: tomas.houska <[at]> seznam.cz, tel 603 162 724

on the one hand and the buyer on the other.

1.2 The Buyer is a natural or legal person who concludes a purchase contract with the Seller through the seller’s online store located at the internet address www.eshop.cz (hereinafter referred to as the eshop).

1.3 If the buyer is a consumer according to § 419 of Act. 89/2012 Sb. relations not regulated by these contractual conditions are governed by Act No. 89/2012 Coll. If the buyer acts when ordering / purchasing goods within the scope of his business activities or within the scope of his independent performance of the profession, the relations governed by these contractual conditions are not regulated by Act No. 89/2012 Coll. the provisions of § 2158 – § 2174 shall not apply.

1.4 By concluding the purchase contract, the buyer confirms that he has read the full wording of these terms and conditions, that he understands all its provisions and that he fully agrees with them.

1.5 The seller is entitled to change the wording of these terms and conditions at any time. The buyer is bound by the wording of the contractual conditions current at the time of concluding the purchase contract.

2. Conclusion of the purchase contract

2.1 By selecting goods from the seller’s offer and then ordering them (by filling out the order form), the buyer submits a proposal to the seller to conclude a purchase contract. The purchase contract between the seller and the buyer is concluded at the time of payment.

2.2 The order form contains in particular the designation of the goods, the price of the goods, the method and price of transport of the goods and the space for filling in the buyer’s identification data.

2.3 The identification data of the buyer are in particular his name and surname or the name of the business company, residence or registered office, ID number, then the email address, contact telephone number, delivery address.

2.4 The price of all goods offered on the seller’s e-shop is stated including VAT, it is stated including all fees related to the sale (with the exception of the price for postage and packaging, which may be stated separately). The price of the goods is valid for the period of its publication in the seller’s e-shop.

2.5 The condition for the validity of the order is the completion of all the requisites of the order form, including consent to the wording of these terms and conditions.

2.6 The Buyer understands that the Seller is not obliged to enter into a purchase contract with the Buyer for all goods listed in the Seller’s e-shop, ie that the display of goods in the Seller’s e-shop is not an offer to enter into a contract within the meaning of § 1732 of the Civil Code. disciple.

2.7 All facts stated by the buyer in the note in the order form are part of the concluded purchase contract in case of the seller’s consent to them, in case of his disagreement, it is considered that the purchase contract has not been concluded. Similarly, in the event that the seller is unable to meet any of the buyer’s requirements expressed in the order, the seller will send the buyer a new draft order with a request to comment on it. The purchase contract is concluded at this time by sending this new order by the buyer to the seller and its subsequent confirmation by the seller.

2.8 The Seller is entitled, in circumstances worthy of consideration before confirming the order and thus concluding the purchase contract, to ask the Buyer for a telephone or written confirmation of his order.

3. Rights and obligations of the contracting parties

3.1 By concluding the purchase contract, the seller is obliged to hand over the ordered goods to the buyer or deliver the ordered service and the buyer is obliged to pay the agreed price to the seller for these goods.

3.2 The buyer is obliged to take over the goods ordered and delivered in accordance with the purchase contract and these terms and conditions.

3.3 In the event that it is necessary for reasons on the part of the buyer to deliver the goods differently than agreed in the contract, the seller is entitled to demand from the buyer all costs associated with this delivery.

3.4 In the case of sale through the e-shop and by sending, the buyer is responsible for providing a complete and correct address in the order. Repeated delivery, which occurs due to an incorrect or incomplete address in the order, goes to the buyer’s account.

4. Withdrawal from the contract

4.1 In accordance with the provisions of § 1829 of the Civil Code. disciple. the buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods.

4.2 The Buyer shall notify the Seller of the withdrawal via the form at http://larp-sword.com/kontakty/

4.3 If the buyer withdraws from the contract, he shall send or hand over to the seller without undue delay, no later than fourteen days after the withdrawal from the contract, the goods received from him.

4.4 If the buyer withdraws from the contract sends / hands over to the seller undamaged goods, the seller will return without undue delay, no later than fourteen days after withdrawal from the contract, all funds, including delivery costs received from him under the contract (except additional costs incurred due to the buyer’s chosen method of delivery, which is different from the cheapest standard delivery method offered by the seller).

4.5 The costs associated with the return of goods shall be borne in full by the buyer.

4.6 The Buyer is liable to the Seller for the reduction in the value of the goods, which arose as a result of handling these goods differently than necessary to handle them with regard to their nature and properties.

4.7 The Buyer may not withdraw from the contracts specified in § 1837 of Act. 89/2012 Sb.

4.8 The seller is entitled, until the goods are taken over by the buyer, to withdraw from the purchase contract in the event of circumstances preventing him from delivering the ordered goods to the buyer.

5. Payment terms and transfer of ownership

5.1 The buyer is not obliged to pay the seller a deposit for the ordered goods, except in cases expressly agreed in the order.

5.2 The goods will be delivered / handed over to the buyer only after payment of the full purchase price, including delivery costs. The purchase price is payable at the time of receipt of the goods. In the case of non-cash payment to the seller’s account, the purchase price is payable within 14 days after the conclusion of the contract.

5.3 The transfer of ownership of the ordered goods from the seller to the buyer occurs only after full payment of the purchase price, including delivery costs.

5.4 The Buyer expressly agrees to the possibility of sending the tax document in electronic form (instead of the document in printed form) to his email address.

6. Quality guarantee and Complaints (rights from defective performance)

6.1 The rights and obligations of the contracting parties concerning the rights arising from defective performance – goods showing a reduction in quality – are regulated by Act No. 89/2012 Coll., Specifically in its provisions § 2099 – § 2112.

6.2 If the goods show a significant reduction in quality that is in conflict with the declared quality, the buyer has the right to eliminate the defect by delivering a new item without a defect or by delivering a missing item, or to eliminate the defect by repairing the item or a reasonable discount from the purchase price. .

6.3 If the defect of the goods is an insignificant breach of contract, the buyer has the right to eliminate the defect or to a reasonable discount on the purchase price.

6.4 By guaranteeing the quality, the seller undertakes that the thing will be suitable for use for the usual purpose for a certain period of time or that it will retain its usual properties.

6.5 The guarantee cannot be claimed if

The weapon or its tip was damaged by improper use (use as sticks for support, bending, use as a crowbar, etc.)
The goods were exposed to contact with fire and hot surfaces, were kept in a car or in direct sunlight in the summer, and were loaded for a long time with other objects, especially hard and heavy objects.
They were damaged in the fight against hard and sharp edges – unsoftened weapons or equipment and came into contact with sharp, hard and especially metal edges.
They were used contrary to the recommended use (eg goods intended only for cosplay were used for combat)
This is wear corresponding to the intensity and nature of use (there may be wear on the paint on the surface)
The goods have been exposed to the effects of the director or adhesives.
The seller and the manufacturer are also not liable for possible damages and possible injuries caused by excessive force, blows to the face, and other uses that are contrary to the recommended use and the Instructions for use of larp weapons.
6.6 The manufacturer provides a warranty for one year. If the statutory warranty period is longer, the statutory length applies. The warranty period runs from the date of sale; if the item has been sent to the buyer according to the contract, it runs from the receipt of the goods by the buyer.

6.7 The warranty procedure runs from the demonstrable application of the warranty (message, e-mail, letter, delivery of the item to the buyer). The decision to accept or reject the complaint will be issued by the seller within 14 days of receipt of the claimed goods.

7. Protection of personal data

7.1 The Buyer hereby authorizes the Seller to collect, process, store and use the data provided by the Buyer for the purposes of the Seller’s information and billing systems and for use in the Seller’s marketing campaigns, in order to inform the Buyer of the Seller’s new products.

7.2 These are, in particular, the name and surname of the buyer / name of the business company, address of his residence / registered office, delivery address, email address and telephone number.

7.3 The Buyer expressly agrees to the sending of commercial communications in the sense of Act No. 480/2004 Coll., As amended, by the Seller to the address of his e-mail.

7.4 The Buyer gives consent and authorization to the above for an indefinite period starting from the day of sending the order.

8. Final arrangements

8.1 All relations not regulated by these terms and conditions are governed by the relevant provisions of the Civil Code as well as other related legislation of the Czech Republic.

8.2 In the event that any provision of these terms and conditions is found to be illegal or invalid, this will not affect the validity or effectiveness of other provisions of these terms and conditions.

 

GUARANTEE

Our weapons are covered by a warranty for one year (365 days) from the date of purchase. If any of our products are found to be defective during this period, they may be repaired or replaced with a new one at the discretion of our complaint technician on the basis of the proof of purchase. The decisive date is the date of submission of the complaint request, which can also be sent by e-mail to our contact address.

Limitations

The warranty covers only damage caused by a poor quality product or part of it. It does not apply to damage caused by improper use.

Standard use

This 365-day warranty does not cover normal wear and tear of the product, including wear and tear resulting from natural wear and tear of the materials during combat. Any modifications to the product will void the warranty. This warranty does not cover damage caused by improper use, use or use that is contrary to the purpose of this product.

Responsibility

All our weapons have a lower age limit.

We are not responsible for any kind of damage or injury resulting from the use of this product. All responsibility lies with the user, who should always take all necessary safety and handle the product appropriately. For optimal safety, we recommend using suitable eye protection (eg sports goggles).

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