No products
GENERAL TERMS AND CONDITIONS
These Terms and Conditions contain mandatory rules for the visitors of www.mightyshop.cz and the users of services provided by this website. These rules shall be binding for all such visitors and users.
The resulting contractual relationships shall always be in accordance with the Czech law. Relationships involving consumers that are not provided for in these Terms and Conditions shall be governed by the Czech Civil Code (Act no. 40/1964 Sb.) as amended (particularly with respect to distant business relationships) and by the Czech Consumer Protection Act (Act no. 634/1992 Sb.) as amended. Other business relations not provided for in these Terms and Conditions, particularly those involving our contractual partners, suppliers and purchasers shall be governed by the Commercial Code (Act no. 513/1991 Sb.) as amended.
1. Basic information
Company operating the online shop:
Mighty Productons s.r.o.
Seifertova 571/5,
130 00 Praha 3,
Czech Republic
Company registration no.: 03684550
Tax ID: CZ03674550
Bank account details: 8327984001/5500 – Raiffeisen Bank
Storefront address (warranty claims):
FLIPSHOP.cz
Pražská 206
39001 Tábor
Czech Republic
Contact details:
Monday to Friday: 09:00 – 17:00
Phone: +420721083330
e-mail: mirek@mightysounds.cz
Supervisory authority:
Company incorporated in the commercial registry maintained at the Municipal Court in Prague under file no. C 236048.
The competent authority is governed by Section 71, par. 2 of the Czech Trade Licensing Act.
2. Basic terms and definitions
The “Server” shall mean the website www.mightyshop.cz.
The “Consumer” is a person who uses goods purchased at the website as an end-consumer and meets the definition of the consumer as defined in the applicable legislation.
The “User” shall mean the person who uses the contents of the Server. The User can be the same as the Consumer (and typically is).
The “Supplier” enters into business and legal relationships with the Users of the Server (Consumers) and/or the Purchasers. The Supplier can also be referred to as the “Seller”. The Supplier (Seller) and the Buyer are parties to the Purchase Contract. The Supplier (Seller) sells goods to the Consumer or Purchaser.
The “Purchaser” is a person that enters into business legal relationships with the Supplier. The Purchaser is a legal or natural person that purchases products or requests our services for the purposes of entrepreneurial activities.
The “Data” refer to any entered information or electronic actions made by the User on the Website.
The “Purchase Contract” shall be understood as the consumer contract or another applicable type of contract concluded between the Consumer (or Purchaser) and the Supplier (Seller).
The Buyer is a User of the Server who complies with the definition of a consumer as defined in the applicable legislation. A Buyer who does not fulfil the legal definition of a consumer shall be regarded as our business partner, i.e. a Purchaser.
3. Ordering of goods and price of goods
1) The Supplier does not guarantee immediate availability of all products and services. The availability of particular products and services shall always be confirmed after a binding order is placed.
2) In order to place an order, the User (Customer) selects the desired goods and properly fills out the order form. Before the offer is submitted, the total price for the goods including all applicable fees shall be calculated, and the User (Customer) shall be asked to confirm the price and make the payment. A submitted order is considered to be an offer to conclude a Purchase Contract. The order shall also be used for the reservation of ordered goods.
3) The prices of goods are valid at the moment of the placement of the order. The User (Customer) can verify the price of each individual item. Shipping prices and other fees can be verified for each individual product or at the Server.
Information about the delivery date and shipping price are listed in the SHIPPING AND PAYMENT section.
4) The shipping price for each shipping method are also listed in the order form. It is therefore always necessary to check the most up-to-date prices as provided in the order.
4. Shipping of the goods
5) Goods that is to be sent to the Customer by post or by a delivery service requires a binding confirmation of the order on the part of the Supplier in order for the Purchase Contract to be concluded (see section “6. Business relations”).
6) Automatically generated electronic confirmation of receipt of the order by the Supplier’s system shall not be considered a binding confirmation of the order. A binding confirmation of the order is an electronically sent confirmation specially designated for this purpose or a confirmation via telephone by the Supplier, in which the Supplier and the Customer confirm the contents of the order, particularly the type of goods, number of pieces, shipping method and delivery method. The Purchase Contract is concluded at the moment of such confirmation (see more in section “6. Business relations”).
4.1 Delivery period
7) The ordered goods shall be shipped at the shortest possible notice by post or another delivery service, depending on its availability and the Supplier’s operational capacity, typically within 1–5 business days of the binding confirmation of the order. The goods shall be considered as delivered upon delivery to the address given in the order by the Consumer or Supplier.
Note: Stock availability
Availability option “in stock”
If the goods are ordered before 12:00 p.m. (noon), they will be shipped on the next business day. The goods will be delivered on the next business day following the date of shipping when delivery by Czech Post, by PPL delivery service or by local in-person pickup in Tábor is selected.
4.2 Shipping methods
8) The Supplier shall provide shipping to any given address in all of the Czech Republic. The shipping costs depend on the selected shipping method (see section “3. Ordering of goods and price of goods”).
9) Shipping method is selected by the Customer. The current price list is provided at www.mightyshop.cz in the “Shopping Cart” section. A hard copy can also be requested at the Supplier’s place of business.
4.3 Payment method
10) The Customer has several payment options with respect to the price of the goods. The goods can be fully paid for in person at the Supplier’s place of business, by cash on delivery using the selected delivery service, or by transferring the appropriate amount to the Supplier’s account using the appropriate payment ID (known as “variable symbol” in the Czech banking system).
11) Other payment methods can be implemented as well. The Consumer will be notified of their availability when placing an order.
12) The parcel containing the goods always includes tax documents, warranty cards and instructions for the correct usage of the product if needed.
4.4 Taking delivery of the goods
13) We recommend inspecting the goods immediately upon receipt. If it is evident that the packaging has been mechanically damaged, fill out the damaged parcel record form in the presence of the delivery service staff and request their confirmation.
14) Based on the submission of this record, the Customer will given an appropriate discount or provided with a replacement product. The Customer also has the right of withdrawal from the Purchase Contract.
15) The Consumer has the right of withdrawal from the Contract within 14 days of receipt of the goods without having to provide a reason and without any penalties (for more information, see subsection “6.3 The Consumer’s lawful right of withdrawal”.
16) By signing the delivery note provided by the delivery service, the Customer accepts the goods and confirms that the consignment arrived without mechanical damage. Make sure you carefully inspect the packaging and, in the case of goods packaged in plastic bags, also inspect the goods themselves prior to signing the delivery note.
17) Conditions for accepting the goods, including individual responsibilities, depend on the selected delivery service.
4.5 Communication between the Customer and the Supplier
18) Communication between the Supplier and the Consumer shall be carried out using e-mail, unless the parties made a different agreement.
19) E-mail communication between the Supplier and Consumer is free of charge.
5. Warranty conditions and claims – exercising rights related to defective product liability
5.1 Warranty period and warranty card
20) Warranty period starts at the time of delivery of the goods to the Consumer.
21) If a warranty card exists for the product in question, it shall be issued on the date of the sale. If there is no warranty card, the tax document shall function as a warranty card.
22) Warranty does not cover the wear and tear of the goods resulting from its normal use. Shorter lifespan of the product shall not be considered a defect and shall not be considered a valid cause for a warranty claim.
23) The warranty period stipulated in the Czech Civil Code does not apply to Purchasers who use the goods for commercial purposes or for the purposes of trade. In this scenario, the warranty period is determined by the importer of the goods into the Czech Republic. The warranty period listed on our website is only applicable for Consumers, not entrepreneurs (Purchasers) who purchase the goods for the purposes of business (using their business details, not personal details).
5.2 Warranty claims
24) Warranty claims are further covered by the section entitled “WARRANTY CLAIMS AND REPLACEMENT”.
6. Business relations
6.1 Purchase Contract
25) The placement of an offer of the goods to the website by the administrator (Supplier) shall be considered as an offer to conclude the Purchase Contract. The Purchase Contract is concluded when the Supplier accepts the order submitted by the Buyer (User, Purchaser, Consumer). The Supplier may confirm the acceptance of the order by sending an email to the Buyer’s email address; however, this confirmation does not affect the conclusion of the Purchase Contract. The resulting Contract (which includes the agreed price) can be altered or cancelled only by an agreement of the parties or on the basis of legitimate and lawful reasons.
26) The order of the goods submitted by the Buyer shall be considered as an offer to conclude the Purchase Contract in the event the Buyer is a business partner (i.e. a Buyer who does not fulfil the definition of a Consumer in accordance with the applicable law) and the Purchase Contract is concluded at the moment of delivery of a binding confirmation of the Buyer’s proposal on the part of the Seller.
27) By entering into the Purchase Contract, the Buyer confirms that it has familiarised itself with these Terms and Conditions and the Refund Policy and that it accepts both of these documents.
28) The Buyer has access to these Terms and Conditions and the Refund Policy and can familiarise itself with these documents.
29) The lapse of the period for the processing of claims can be halted in the event the Seller (Supplier) has not received the complete documentation necessary for the processing of the claim (e.g. parts of the products or whole products etc.). The Seller shall be obligated to request the submission of such documentation from the Buyer without undue delay. From that date, the lapse of the period is halted until the requested documents are supplied by the Buyer, at which point the lapse of the period shall continue.
30) The Seller reserves the right to cancel the order in part or in whole prior to the conclusion of the Purchase Contract on the basis of an agreement with the Buyer.
31) The Seller typically cancels the order if the requested goods are no longer available or if there have been significant changes in its price. The Buyer is entitled to a refund of the amount already paid (a total or partial refund of the purchase price). The amount is returned to the Buyer’s account or the Buyer’s address and the Purchase Contract is not concluded.
32) No consumer rights may be exercised in relation to goods that are provided completely free of charge. Such goods are provided by means of a gift contract and comply with the applicable Czech law.
33) Cancellation of an order after the Purchase Contract has been concluded is only possible following a prior agreement between the Supplier and the Customer and under mutually agreed conditions.
6.2 Breach of the Purchase Contract
34) In the event the product is in breach of the Purchase Contract at the time of delivery to the Buyer (hereinafter referred to as the “Breach of the Purchase Contract”), the Buyer is entitled either to a free replacement of the product without undue delay so that the terms of the Purchase Contract are fulfilled, or a rectification (repair) of the defects. If the above is not possible, the Buyer may request a discount from the price of the product or withdraw from the Contract.
35) The above is not applicable in the event the Buyer knew or should have known about the Breach of the Purchase Contract prior to taking delivery of the product or in the event the Buyer itself caused such a Breach of the Purchase Contract.
36) A Breach of the Purchase Contract which becomes manifest within 6 months of the day of taking delivery of the product shall be considered as a Breach already existing at the time of taking delivery, unless this is inconsistent with the facts of the situation or unless there is evidence to the contrary.
6.3 The Consumer’s lawful right of withdrawal
37) The Consumer has the right withdraw from a Purchase Contract which was concluded using distant communication devices (i.e. including a purchase made via the Server) within 14 days of taking delivery of the goods, pursuant to Section 53, par. 7 of the Czech Civil Code.
38) If the Consumer intends to withdraw from the Contract, the Consumer is obligated to notify the Seller of such withdrawal in writing. The Consumer shall state that it withdraws from the Contract, including the order number, date of purchase, and either a bank account number for a refund by bank transfer or an address for a refund by postal order. In order for it to be valid, the withdrawal from the Contract shall be delivered on the last day of the 14-day period at the latest.
39) The above procedure shall not be misused as a method for a free-of-charge rental of the goods.
40) If the Consumer exercises its right of withdrawal from the Contract within 14 days of the taking over of the performance (goods), the Consumer is obligated to return to the Supplier all items the Consumer received under the Purchase Contract. In the event this is not reasonably possible, the Consumer shall provide to the Supplier a financial compensation in consideration of all items that cannot be returned.
41) In the event the goods become damaged or are returned only in part, the Seller may exercise its right of compensation and set off its claim against the refund of the purchase price to the Consumer.
42) The Seller shall be obligated to prove such damage. If this occurs, the Seller only refunds to the Consumer a reduced purchase price (less the damage claim).
43) Furthermore, the Seller may also set off against the amount to be refunded its actual expenses connected with the return of the purchased goods.
6.4 Limitations of withdrawal from the Contract
44) In the event the product is marked as unavailable or sold out, the Seller reserves the right to withdraw from the Purchase Contract or cancel the order. The Seller shall notify the Buyer of such withdrawal or cancellation without undue delay.
45) The Seller may cancel the order also in the event of a substantial increase of the product price. The Seller shall notify the Buyer of such withdrawal or cancellation without undue delay.
7. Consumer data protection
46) With the Customers’ consent, the Supplier collects the Customers’ personal data: name, address, phone number, and email address. These data are mainly used in order to facilitate the Customers’ future orders.
47) The Customer’s personal data stored and processed by the Supplier can be changed by the Customer at any time by signing in to the “Customer Section” on the website.
48) The Customer may revoke its consent with the storage and processing of personal data as well as with receiving promotional offers at any time by contacting the Supplier by email or telephone.
8. Final provisions
49) Users may address any potential questions, comments or complaints connected with the services provided by the Server to the Supplier using the contacts listed on the website.
50) These Terms and Conditions take effect on the day of publication.
51) The Supplier reserves the right to make changes to these Terms and Conditions. Changes shall be understood as the publication of a new version of the Terms and Conditions in the appropriate section of the website.
52) If any provision of the Contract becomes invalid, the remaining provisions are not affected and shall continue to be in full effect.
53) These Terms and Conditions are also applicable for those Consumers who enter into a legal relationship with the Supplier via an intermediary (sales agent). In its Cooperation Contract concluded with the Supplier, the intermediary shall commit to make these Terms and Conditions accessible in its online shop.