TERMS AND CONDITIONS

business companies

Armyman s.r.o. 
with registered office Vestec Praha-západ, Okružní 397, postal code 25250 
Identification number: 06471404

registered in the Commercial Register Kept at the  Municipal Court in Prague, Section C, Insert  282730  for the sale of goods through an online shop located at the Internet address www.armyman.cz

1. INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") of the company Armyman sro, with its registered office at Vestec, Okružní 397, post code 25250, identification number: 06471404, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 282730 (hereinafter referred to as the "Civil Code") governs, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising out of or in connection with the purchase (hereinafter referred to as the "Purchase Agreement" ) concluded between the seller and another legal entity or natural person (hereinafter referred to as the " The online shop is operated by the seller on a web site located at www.armyman.com (the "Website"),

1.2. In the case where a person intending to purchase goods from a seller is a legal person or a natural person who acts when ordering goods in the course of his business or in the independent exercise of his profession, Article 12 of the Commercial Terms. In the cases where the buyer is a consumer, the provisions of Act No. 634/1992 Coll., The Consumer Protection Act, as amended (also referred to as the "Consumer Protection Act") are also taken into account.

1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. Based on a buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registering directly from the web interface of the store.

2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.

2.3. Access to a user account is secured by a user name (email address) and a password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.

2.4. The buyer is not authorized to allow the use of the user account to third parties.

2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than six (6) months, or if the buyer violates his obligations under the sales contract (including business terms).

2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, necessary maintenance of hardware and software of third parties.

3. DECLARATION BY THE BUYER

3.1. A buyer who is a natural person interested in buying a D-type or ammunition-like item of the item hereby declares that he is over 18 years of age and is fully entitled to it. Buyer, who is a natural person, is obliged at the seller's request to always prove his / her age to the seller. In the event that the Buyer breaches his obligation under the preceding sentence or declares his statement under the first sentence to be untrue, the Seller may withdraw from the Purchase Agreement at any time (if the Purchase Agreement has already been concluded).

3.2. In the event that the Seller's declaration referred to in the first sentence of Article 3.2 of the Business Terms and Conditions proves to be false and consequently any costs or injury (including public sanctions or costs of representation in negotiations with public authorities) will arise, the Buyer undertakes such cargo or damage to the seller without undue delay.

4. Closing of the Purchase Agreement

4.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.

4.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.

4.3. The store's web interface also includes information on the cost of packing and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic, unless stated otherwise.

4.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:

4.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),

4.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and

4.4.3. information on the costs associated with the supply of goods (collectively referred to as "the order").

4.5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, also in view of the buyer's ability to identify and correct the errors that occurred when entering the data into the order. An order that is a proposal to conclude a contract (bid) and is irrevocable will be sent by the buyer to the seller by clicking on the Confirm Order button  .The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the order by e-mail (order status - received) to the buyer's electronic mail specified in the user interface or in the order (hereinafter referred to as the buyer's electronic address).

4.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

4.7. The contractual relationship (purchase contract) between the seller and the buyer arises from acceptance of the order (acceptance) by the seller.

4.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.

5. PRICE OF GOODS AND PAYMENT CONDITIONS

5.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller:

5.1.1. Through the carrier's cash on delivery service at the place specified by the buyer in the order. 

5.11.2. Payment by payment card (VISA, Master Card) online or at the dispensing Všehrdy 6, 331 41 Všehrdy. The goods are paid for immediately after the order and then sent / accepted by the customer.

5.1.3. By wire transfer, to Seller's account No. 2601298606/2010, kept with Fio Banka, as. (hereinafter referred to as the "Seller Account"), or

5.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.

5.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 5.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.

5.4. In the case of a non-cash payment, the purchase price is payable within three (3) days of the conclusion of the purchase contract.

5.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

5.6. The seller is entitled, even if the buyer does not receive an additional order confirmation (clause 4.6), request the payment of the full purchase price before the goods are delivered to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.

5.7. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value addedtax payer. Tax document - An invoice may be issued by the seller to the buyer only after payment of the price of the goods and sent in electronic form to the buyer's electronic address.

5.8. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

6. WITHDRAWAL FROM THE BUYER'S CONTRACT

6.1. The Buyer notes that under Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a purchase contract for the supply of goods, the price of which depends on financial market displacements independently of the will of the entrepreneur and which may occur during the withdrawal period the delivery of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the supply of goods which is subject to rapid destruction from the purchase contract for the delivery of the goods in closed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned and from the purchase contracts for the delivery of a sound or image recording or a computer program if it violated their original packaging.

6.2. The Buyer further acknowledges that the seller provides him with a "Leaflet on the Right of Withdrawal", which is available in a text form on the store's website.

6.3. If the case is not referred to in Article 6.1 or in another case where the contract can not be withdrawn from the sales contract, the buyer has to withdraw the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer can use the "Model for withdrawal", which is available on the store's website. The buyer may withdraw from the sales contract, inter alia, to the address of the seller of the company Armyman s.r.o., Všehrdy 6, 331 41 Všehrdy.

6.4. In the case of withdrawal from the purchase contract according to Art. 6.3 of the Business Terms, the purchase contract is canceled from the beginning. If the buyer exercises the right to withdraw from the purchase contract, the effects of the withdrawal also apply to the credit agreement or the loan which was concluded in connection with the payment of the price of the goods. Returned goods must be sent or handed over to the seller without undue delay, no later than fourteen (14) days after termination of the contract, to the seller's address, otherwise the buyer is deemed to be withdrawing from his right of withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller.

6.5. In the event of withdrawal under Article 6.3 of the Terms and Conditions, the seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. In the event that the purchase price of the goods is paid at the point of delivery of the goods to the purchaser (so called "cash on delivery"), the seller returns the funds to the purchaser by cashless transfer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that he has dispatched the goods to the buyer.

6.6. The seller is entitled to offset the value of the goods for which the buyer is responsible unilaterally against the purchaser's claim for repayment of the purchase price.

6.7. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller returns the buyer the purchase price he has received beforehand, without undue delay, by credit card to the buyer's account.

7. TRANSPORTATION AND SUPPLY OF GOODS

7.1. If the mode of transport is agreed upon by a buyer (consumer) specific requirement or if the buyer is not a consumer, the buyer bears the risk and any additional costs associated with the carriage of the goods. In this case, the buyer is liable to harm the goods by passing the goods to the first carrier for carriage to the destination. Referring to the buyer in this case means transferring the goods to the first carrier for carriage for the buyer.

7.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods, the seller can store these goods for the buyer. The storage fee is agreed at 0.05% of the value of the goods stored for each commenced calendar day of storage. The Seller is also entitled to require the buyer to pay default interest on the unpaid purchase price or part thereof. Default interest is agreed at 0.05% of the outstanding amount for each calendar day of delay commenced. The aforementioned is without prejudice to the seller's right to self-sell pursuant to Section 2126 of the Civil Code.

7.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

7.4. The consignee of the consignment specified in the contract of carriage acquires the rights under this contract if it requests the delivery of the consignment after it has been milked to the place of destination. At this time, the recipient also has the right to compensation for damage to the consignment. If the consumer is not a consumer, the right to acquire will also occur after the expiration of the time when the consignment arrived at the destination.

7.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.

8. RIGHTS OF FAULT FULFILLMENT

8.1. The rights and obligations of the Contracting Parties regarding rights of defective performance are governed by the relevant generally binding provisions, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and in particular the provisions of Section 19 of the Consumer Protection Act.

8.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods

8.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,

8.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,

8.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,

8.2.4. the goods are in the appropriate quantity, degree or weight and

8.2.5. goods comply with legal requirements.

8.3. The provisions of Article 8.2 of the Terms and Conditions of Business shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by their normal use, buyer, or if it results from the nature of the goods.

8.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.

8.5. Rights to defective performance are claimed by the buyer at the seller's address, where acceptance of the claim is possible with regard to the range of goods sold, eventually also in the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.

8.6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by Seller's Complaint Rules, which are an integral part of the Terms of Business.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

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

9.3. Out-of-court complaint handling is provided by the seller via the electronic address info@armyman.cz. Buyer information will be sent to the buyer's electronic address.

9.4. The seller is authorized to sell the goods on the basis of a trade license. Supervision of the personal data protection area is carried out by the Office for Personal Data Protection (https://www.uoou.cz). The Czech Trade Inspection (http://www.coi.cz) performs, among other things, the supervision of the observance of the Consumer Protection Act in the defined scope. The former institutions are also bodies for out-of-court settlement of consumer disputes.

9.5. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.

9.6. The seller reserves the right to make text errors and mistakes in display pictures of goods on the website.

10. PROTECTION OF PERSONAL DATA

10.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

10.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data").

10.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.

10.4. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully, and is obliged to inform the seller without undue delay of a change in his / her personal data.

10.5. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.

10.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

10.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.

10.8. In the event that the buyer believes that the seller or processor (Article 10.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for the purpose of their processing, may:

10.8.1. ask the seller or processor for an explanation,

10.8.2. require the seller or processor to remove the resulting condition.

10.9. If the buyer asks for information on the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous clause to request reasonable compensation not exceeding the costs necessary to provide the information.

11. SENDING BUSINESS COMMUNICATIONS AND STORAGE COOKIES

11.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's email address, and agrees to send the sales announcements to the buyer's electronic address.

11.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the preceding sentence at any time.

12. SPECIAL PROVISIONS FOR CASES WHERE BUYERS ARE NOT CONSUMERS

12.1. For relationships between the seller and the buyer who is not a consumer, the provisions of Articles 6.1 to 6.6, Articles 8.1 to 8.5, Articles 9.2 to 9.4 and Article 14.3 of the Commercial Terms do not apply.

12.2. For relations between the seller and the buyer who is not a consumer, the provisions of § 1799 and 1800 of the Civil Code are excluded.

12.3. For relations between the seller and the buyer who is an entrepreneur, the use of the observed commercial practices within the meaning of Section 558 (2) of the Civil Code is excluded.

13. DISCLAIMER

13.1. The buyer may be delivered to the email address listed in his user account or specified buyer in the order.

14. FINAL PROVISIONS

14.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.

14.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs instead of invalid clauses, a provision will be made to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.

14.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

14.4. Contact details of the seller: delivery address Armyman s.r.o., Všehrdy 6, Postal code 331 41 Všehrdy, e-mail address info@armyman.cz, phone +420 792 590 870.

In Vestec, 1.1.2023, Armyman s.r.o.

WITHDRAWN__FROM_THE_CONTRACT
TEMPLATE_INSTRUCTION