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  2. Terms and Conditions

Terms and Conditions

of the PINGUIN store – Activent 365 s.r.o., registered office: Purkyňova 648/125, 612 00 Brno, Czech Republic, company registration number (IČO): 03659496, for the sale of goods through the on-line store located at the internet address: www.pinguinoutdoor.com.

Under the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. The seller is also obliged to register the received payment with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter the “terms and conditions”) of the Pinguin online store, operated by Activent 365 s.r.o., registered office: Purkyňova 648/125, 612 00 Brno, company registration number: 03659496 (hereinafter the “seller”), 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 of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “purchase contract”) concluded between the seller and another natural person (hereinafter the “buyer”) through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.pinguinoutdoor.com (hereinafter the “website”), by means of the website interface (hereinafter the “web interface of the store”).

1.2. The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or in the course of their independent exercise of a profession when ordering goods. Such cases are governed by the provisions of Act No. 89/2012 Coll.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract shall prevail over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions 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 the wording of the terms and conditions. This provision is without prejudice to rights and obligations that arose during the period of effect of the previous wording of the terms and conditions.

2. USER ACCOUNT

2.1. On the basis of the buyer’s registration made on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the “user account”). The buyer may also order goods without registration, directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever any change occurs. The data stated 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 secured by a username and a password. The buyer is obliged to maintain confidentiality regarding 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 where the buyer has not used their user account for more than two (2) years, or where the buyer breaches their obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract in respect of such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual items. Prices of goods are stated inclusive of value added tax and all related charges. Prices of goods 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 on individually agreed terms.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods stated in the web interface of the store applies only where the goods are delivered within the territory of the Czech Republic. A complete list of payment options can be found on this page.

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

  • 3.4.1. the goods ordered (the buyer “places” the goods ordered into the electronic shopping cart of the web interface of the store),
  • 3.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and
  • 3.4.3. information about the costs associated with delivery of the goods (hereinafter jointly the “order”).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, including with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the “Complete order” button. The data stated in the order are deemed correct by the seller. Immediately upon receipt of the order, the seller shall confirm such receipt to the buyer by electronic mail, to the buyer’s email address stated in the user interface or in the order (hereinafter the “buyer’s email address”).

3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by electronic mail to the buyer’s email address.

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 means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, whereby these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

  • in cash at the seller’s premises at Běloveská 187, 547 01 Náchod;
  • in cash on delivery at the place designated by the buyer in the order;
  • by cashless transfer to the seller’s account No. 7363752/0800, held with Česká spořitelna (hereinafter the “seller’s account”);

4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter be understood to include the costs associated with delivery of the goods.

4.3. The seller does not require any deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4 of the terms and conditions concerning the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within ten (10) days of conclusion of the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment – the order number. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, in particular where the buyer fails to provide additional confirmation of the order (Article 3), to require payment of the full purchase price before the goods are dispatched to the buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined with one another.

4.8. Where customary in business dealings or where required by generally binding legal regulations, the seller shall issue to the buyer a tax document – an invoice – in respect of payments made on the basis of the purchase contract. The seller is a value added tax payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and shall send it in paper form to the buyer’s address.

4.9 Gift voucher

4.9.1. A gift voucher is a voucher entitling its holder to purchase goods up to the value stated on the gift voucher at www.pinguinoutdoor.com.
4.9.2. The value of the gift voucher is stated on its front side; CZK 500 / CZK 1,000 / CZK 2,000.
4.9.3. Use of the gift voucher: the customer enters the code from the voucher in the first step of the shopping cart (https://www.pinguinoutdoor.com/pokladna?step=1). This can be done either before or after adding goods to the cart. The gift voucher may only be used for an order exceeding its value (incl. VAT); otherwise the order can be completed but the voucher will not be applied. Multiple gift vouchers cannot be combined within a single order.
4.9.4. The validity period of the gift voucher is stated on its front side; this date is also recorded in the internal system of the e-shop. Any extension of its validity subject to prior agreement is an expression of the seller’s goodwill and cannot be enforced.
4.9.5. The customer is not entitled to a refund of the unused part of the discount where the amount spent is lower than the value of the gift voucher. Likewise, the customer is not entitled to a refund in the event that the gift voucher expires.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been adjusted according to the buyer’s wishes or for the buyer’s person, from a purchase contract for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if their original packaging has been damaged.

5.2. Unless it is a case referred to in Article 5 or another case in which withdrawal from the purchase contract is not possible, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period stated in the preceding sentence. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract, among other options, to the address of the seller’s premises or to the seller’s email address info@activent365.com.

5.3. In the case of withdrawal from the purchase contract pursuant to Article 5 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, including in cases where the goods cannot be returned by ordinary postal means due to their nature.

5.3.1. Neither unpacking nor using the goods extinguishes the right to withdraw from the contract without giving a reason.
Goods that have been used only to the extent strictly necessary to test them may also be returned; however, they should not show signs of use or, indeed, wear.
Otherwise, the supplier has the right to compensation for the costs associated with restoring the goods to their original condition, or to a reduction of the sale price in connection with reclassifying the product as used goods.
In extreme cases, the costs of restoring the goods to their original condition may even approach the full purchase price of the goods.
In the case of withdrawal from the purchase contract without giving a reason, the customer will be refunded an amount equal to the purchase price paid, reduced by these costs of restoring the goods to their original condition or by the difference between the sale price of the new and the used product.

In the case of withdrawal from the purchase contract without giving a reason, the customer will be refunded an amount equal to the purchase price paid, reduced by these costs of restoring the goods to their original condition or by the difference between the sale price of the new and the used product.

5.4. In the case of withdrawal from the contract pursuant to Article 5 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer, or in another manner, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been dispatched to the seller.

5.5. The seller is entitled to unilaterally set off its claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.

5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.

5.7. Where a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to a resolutive condition that, should the buyer withdraw from the purchase contract, the gift contract in respect of such gift shall cease to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.

6. CARRIAGE AND DELIVERY OF GOODS

6.1. Where the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with such method of transport.

6.2. If, under the purchase contract, the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. Where, for reasons on the part of the buyer, 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, or the costs associated with the other method of delivery.

6.4. Upon taking over the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and to notify the carrier immediately of any defects. If the packaging is found to be damaged in a way indicating unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.

6.5. Further rights and obligations of the parties in the carriage of goods may be governed by the seller’s special delivery terms, if issued by the seller.

6.6. A complete list of shipping options can be found on this page.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller is liable to the buyer for the goods being free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took over the goods:

  • 7.2.1. the goods have the characteristics agreed between the parties and, in the absence of such an agreement, the characteristics described by the seller or the manufacturer or those expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • 7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
  • 7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, where quality or workmanship was determined according to an agreed sample or model,
  • 7.2.4. the goods are in the corresponding quantity, measure or weight, and
  • 7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7 of the terms and conditions do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their ordinary use, to used goods in respect of a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already upon receipt.

7.5. The buyer exercises rights arising from defective performance with the seller at the address of its premises where acceptance of the complaint is possible with regard to the range of goods sold. The moment of exercising the complaint is deemed to be the moment when the buyer notifies the defect and the seller is informed thereof.

7.6. Further rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaints procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

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

8.3. In the event that a consumer dispute arises between us and a consumer out of a purchase contract or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for the out-of-court resolution of such dispute to the designated body for the out-of-court resolution of consumer disputes, which is

The Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Web: adr.coi.cz

The consumer may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ 

8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade licence inspections are carried out within their remit by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. PROTECTION OF PERSONAL DATA

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

9.2. The buyer consents to the processing of the following personal data: name and surname, residential address, company registration number, tax identification number, email address, telephone number (hereinafter jointly the “personal data”).

9.3. The buyer consents to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer also consents to the processing of personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope under this article is not a condition that would in itself prevent the conclusion of the purchase contract.

9.4. The buyer acknowledges that they are obliged to state their personal data (upon registration, in their user account, when placing an order from the web interface of the store) correctly and truthfully, and that they are obliged to inform the seller without undue delay of any change in their personal data.

9.5. The seller may entrust a third party, as a processor, with the processing of the buyer’s personal data. Apart from persons transporting the goods, personal data will not be passed on by the seller to third parties without the buyer’s prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.

9.7. The buyer confirms that the personal data provided are accurate and that they have been informed that the provision of personal data is voluntary.

9.8. Should the buyer believe that the seller or the processor (Article 9) is processing their personal data in a manner contrary to the protection of the buyer’s private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:

  • 9.8.1. request an explanation from the seller or the processor,
  • 9.8.2. request that the seller or the processor remedy the situation thus created.

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide such information. The seller is entitled to require reasonable compensation for providing the information under the preceding sentence, not exceeding the costs necessary to provide the information.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The buyer consents to the sending of information related to the goods, services or business of the seller to the buyer’s email address and further consents to the sending of commercial communications by the seller to the buyer’s email address.

10.2. The buyer consents to the storing of so-called cookies on their computer. Where a purchase on the website can be made and the seller’s obligations under the purchase contract can be fulfilled without so-called cookies being stored on the buyer’s computer, the buyer may withdraw the consent under the preceding sentence at any time.

11. SERVICE OF COMMUNICATIONS

11.1. Communications may be delivered to the buyer at the email address stated in their user account or stated by the buyer in the order.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase contract or the terms and conditions require written form.

12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. The annex to the terms and conditions consists of a model form for withdrawal from the purchase contract.

12.5. Contact details of the seller: delivery address Běloveská 187, 547 01 Náchod, email address info@activent365.com, telephone 491 483 039.

In Náchod, 2 January 2015.