These terms and conditions apply to the purchase in the online store www.fjallraven-shop.cz, www.fjallraven-shop.co.uk.
The conditions specify and clarify the rights and obligations of the seller - the company ARCTIC FOX s.r.o., headquartered Šlitrova 2000 190 16 Prague, identification number: 24845841, and a buyer (customer, consumer).
All contractual relations are concluded in accordance with Czech law. If a consumer is a contractual party, the relations which are not governed by these terms and conditions, are obeyed of the Civil Code (no. 89/2012 Coll.) and the Consumer Protection Act (no. 634/1992 Coll.). If the contracting party is not a consumer, the relations which are not governed by these terms and conditions, are obeyed of the Civil Code (no. 89/2012 Coll.).
The seller is the company ARCTIC FOX s.r.o., headquartered Šlitrova 2000, 190 16 Prague, identification number 24845841. ARCTIC FOX s.r.o. is a person who acts at the conclusion of the contract in its commercial or other business activity. This person is a businessman who directly or through other businessmen supplies products to the buyer or provides services.
The buyer is a customer of our online shop. Because of the existing law it is a difference between a buyer who is a consumer and a buyer who is not a consumer.
A buyer - consumer or just a consumer is any person who concludes a contract with the businessman or acts with him. Buyer – consumer does this outside of his/her business or outside independent exercise of his/her profession.
A buyer who is not the consumer is the businessman. For the businessman is also considered every person who concludes a contract related to its own business, manufacturing or similar activities or in the transaction of his own profession, or a person acting for or on behalf of the entrepreneur.
If buyer is a consumer, a proposal to conclude a purchase contract (offer) is the placing of the goods offered on the website by the supplier, the purchase contract is conclude by sending an order from buyer - the consumer and the adoption supplier. The contractor shall immediately confirm this acceptance to the buyer by informative e-mail to the entered e-mail, however, this does not affect the confirmation. Resulting contract (including the agreed price) can be changed or cancelled only by agreement of the parties or on the basis on legal grounds.
Before sending the order to the seller, the buyer is allowed to check and modify data in order that the buyer put in, even with regard to the possibility of the buyer to detect and correct errors data that were caused during entry the data in order. The buyer sends the order by clicking on "Submit Order".
If the buyer is not a consumer, the order of goods is sent by the buyer's proposal to conclude a contract of purchase and the actual purchase contract is concluded at the moment of delivery of a binding agreement by the seller to the buyer's proposal.
By concluding the purchase contract the buyer confirms that he/she is familiar with these terms and conditions, including claims procedure and agrees with them. The buyer is adequately alerted to these terms and conditions before making the order and has the opportunity to become acquainted with them.
The period for settlement of claims is suspended if the seller has not received all the documents necessary for handling complaints (of goods, other documents etc.). The seller is obliged to require additional documentation from the buyer in the shortest possible time. The deadline is suspended from that date until delivery of the required documents by the buyer.
Among other things the seller reserves the right to cancel the order or its part before concluding the purchase contract based on an agreement with the buyer in the following cases: goods is not produced or delivered anymore or the price is significantly altered by supplier. In the event that the buyer has paid part or the whole amount of the purchase price, this amount will be transferred back to his/her account or address and the purchase contract will not will not be concluded.
For gifts that are provided for free of charge, consumer cannot apply any rights. Such goods meet the conditions of the donation agreement and all standards under applicable legislation of the Czech Republic.
Rights of defective performance
The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of Act no. 89/2012 Coll., Civil Code).
The seller is responsible to the consumer that the goods have no defects on receipt. In particular, the seller is responsible to the consumer at the time when the consumer takes over the goods,
- goods have qualities that the parties have agreed, and if there is any absence of agreement, those qualities which the seller or manufacturer has described or which buyers expect given the character of the goods and based on advertising they show,
- goods is suitable for the purpose for which seller states for its use or to which this kind of goods are normally used,
- goods correspond to the quality or goods performing the agreed sample or template if it was quality or performance determined in accordance with the agreed sample or model,
- goods is in the corresponding quantity, measure or weight and
- goods meets the requirements of the legislation.
Unless the goods have not the above mentioned attributes, the consumer may require the supply of new goods without defects unless it is unreasonable due to the character of the defect, but if the defect affects only part of the goods, consumers can request only a replacement of that part; if this is not possible, the consumer can withdraw from the contract. If due to the disproportionate character of the defect, especially if the defect can be removed without undue delay, the consumer is entitled to a free remedy. The consumer has the right to get new goods or replace components also in the case of removable defects if the goods cannot be properly used for recurring defect or for a larger number of defects. In this case, the consumer has the right to withdraw the contract.
If the consumer doesn’t withdraw from the contract or does not apply the right to deliver new goods without defects, to replace its parts or repair goods, the customer may request a reasonable discount. The consumer also has the right to an adequate discount if the seller cannot deliver new goods without defects, replace the part or to fix the goods, and if the seller has not remedied within a reasonable time, or that the remedy seemed significant inconvenience to the consumer.
Right of defective performance does not belong to the buyer if the buyer knew that the goods have a defect or if the buyer caused the defect himself/herself.
The consumer is entitled to exercise the right of defect that occurs in consumer products during the twenty-four months after the takeover. When manifest defect within six months after the takeover, it is considered that the case was defective at the time of the takeover.
Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure of the seller.
Consumer's right to withdraw from the contract
If the purchase contract is concluded by means of distance communication (in the online shop), the consumer has the right to withdraw from the contract for any reason within 14 days of receipt of goods (if the subject of the purchase contract is several kinds of goods or supply of several parts, the period runs from the date of receipt of the last supplies) pursuant to § 1829 subsection 1 of the Civil Code. Withdrawal from the contract must be sent to the seller within the period mentioned in the previous sentence.
If the consumer wants to withdraw from the contract within 14 days according to the previous article, the consumer contacts the seller and preferably in writing that he/she withdraw from the contract, ideally stating the order number, purchase date and the account number for a refund. Note: Money can be also returned in cash in one of the shops.
The consumer may send a withdrawal from the contract inter alia to the address of the place of business of the seller or the seller's e-mail address email@example.com.
In the case the buyer withdraws from the contract pursuant to the previous articles, the seller will return the purchase price that received from the buyer (except for an amount representing the extra cost of supplies caused by the buyer chosen method of delivery, which is different than the least expensive type of standard delivery of goods offered by the seller) to 14 days from withdrawal from the purchase contract by the buyer, in the same way that the seller received from the buyer if the buyer doesn’t specifies otherwise. The seller is also entitled to return performance by the buyer at the time of returning the goods to the buyer or otherwise, unless the buyer agrees and it doesn’t incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the purchase price which received to the buyer earlier than buyer returns goods or demonstrate that the goods were sent to the seller.
The provisions of the Act about withdrawal from the contract within 14 days cannot be seen as an opportunity to borrow the goods for free. The consumer, in the case of using the right of withdrawal within 14 days from takeover the goods, the buyer has to issue everything what under a contract awarded within 14 days from the withdrawal to the seller. If it is not possible (e.g. in the meantime the goods are destroyed or consumed), the consumer must provide monetary compensation in return what can no longer be issued. If returned goods are only partially damaged, the seller may apply to the consumer a right to compensation and off its claim for refund of the purchase price. The seller in this case is required to prove the damage incurred. In this case the seller returns a reduced purchase price to the consumer.
Seller may offset its direct cost of returning the goods to the purchase price to be refunded to the buyer.
The right of withdrawal from the contract in accordance with § 1837 of the Civil Code the consumer does not have particularly in respect of contracts:
- about providing of services if they were fulfilled with his prior express consent before the deadline for withdrawal and businessman before entering into a contract told consumers that, in this case has no right to withdraw from the contract,
- about the supply of goods or services whose price depends on fluctuations of financial markets beyond the control entrepreneurs and which may occur during the period for withdrawal,
- about the supply of alcoholic beverages which can be delivered only after thirty days and whose price depends on fluctuations of financial markets beyond the control of the entrepreneur,
- about the supply of goods that have been modified as desired by the consumer or to his/her person,
- about the supply of goods which is subjected to rapid deterioration, as well as goods which had been delivered irrevocably mixed with other goods,
- about the repair or maintenance carried out at a place determined by the consumer's request; It does not apply in the case of a subsequent version other than the requested repairs or delivery of non-requested spare parts
- about the supply of sealed goods which the consumer has removed from its packaging and hygiene reasons it is not possible to return,
- about the supply of audio or video recordings or computer program, if violated their original packaging,
- about the supply of newspapers, periodicals or magazines,
- about accommodation, transport, catering or leisure, where the undertaking provides these transactions in a timely fashion,
- concluded at a public auction in accordance with the law governing public auctions, or
- about the supply of digital content, if not supplied on a tangible medium and came with the prior express consent of the consumer before the deadline for withdrawal and businessman before entering into a contract told consumers that, in this case, has no right of withdrawal.
In the event of withdrawal from the contract the buyer is obliged to return the goods to the seller in a complete state in which he received from the seller. Specifically, with all price and promotional tags which are parts of the goods.
Protection of personal data
Customer information is stored in compliance with applicable laws of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll. subsequent amendments and regulations. Buyer accepts by the conclusion of the contract with collection and processing of personal data in the seller’s database after the successful completion of the contract and until a written statement disagreeing with the workmanship.
The buyer has the right to access his/her personal data, the right to correct them, including other legal rights to these data. Personal data may be based on the customer's written request to remove from the database. Personal data of customers are fully protected against abuse. Seller doesn’t provide any personal customer data to others. Carriers are exception who are the customers' personal data transmitted to the minimum extent that is necessary for the delivery of goods.
Individual contracts, following their closure operator archived, in electronic form and are accessible only to the owner of the store.
Cost of using the means of distance communication
Buyer agrees with the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of internet access, telephone costs) are borne by the buyer.
The seller reserves the right to change prices of goods without prior notice to the purchaser. This price change does not affect the already concluded orders.
The buyer chooses a method of payment for the goods during the order process which has the following options:
A) cash or credit card upon personal picking up in the store Fjällräven Centrum Černý Most, Palladium or Fjällräven OC Olympia Brno,
B) by credit card online, by bank transfer or cash on delivery by shipping companies,
C) by credit card online or by bank transfer upon delivery outside the Czech Republic.
Please note that the payment transfer the goods is deemed to be paid in the moment of crediting the total price to the seller's account.
Unless the total amount credited for purchase on our account within 14 days from the order (except payment on delivery), the order is cancelled.
When transporting goods to foreign countries, including Slovakia, it is necessary to pay the full amount in advance. Payment on delivery is not possible in this case.
The price of goods is valid at all times until the seller displays the new prices.
The goods on sale, special offer
Conditions for goods purchased for discounted products: All prices are in CZK with VAT and are valid from until further notice. Change in prices reserved, the current prices can always be found on www.fjallraven-shop.cz. This offer cannot be combined with any other promotion. It does not apply to any other additional discount. Clothing purchased under this promotion cannot be changed for another size that is not in stock at the time of purchase. Discount applies only to goods that are in stock but not on goods that are in stock at the supplier within 14 days.
Delivery time, manner and control of transport
The time required for delivery of goods, i.e. the time required for the transport of goods takes between 2-4 days from confirmation and payment orders.
Transportation is provided by the transport company when the goods are shipped within 48 hours and delivered the next working day.
When buying into CZK 5000, the shipping cost is CZK 99 with VAT (payment on delivery, the cost of transport and the service altogether is CZK 135 with VAT), on purchases over CZK 5000 is free shipping.
When ordering and delivery of a package to the Slovak Republic, the transport costs CZK 275 with VAT. When buying over CZK 5000 delivery is for free to SR.
When ordering and delivery of a package to other countries outside the Czech Republic and Slovakia, the shipping cost is CZK 400 with VAT.
The goods are delivered to the address specified and confirmed in the order. The buyer is obliged to accept the ordered goods. In case the buyer fails to do so, the seller will ask for a replacement of transport costs. Potential resend any orders shall be settled by telephone or other suitable contact with the seller.
Ordered goods is always delivered with a tax receipt and invoice which serves as a warranty certificate.
The buyer (not consumer) is obliged to inspect the delivered goods immediately upon receipt and without undue delay to inform the seller about any defects. By signing the shipping document buyer confirms that the parcel is undamaged. Outside undamaged parcel on receipt is prerequisite undamaged goods during transportation.
The buyer - consumer is not obligated to inspect the goods on receipt but in his/her own interest to this inspection is recommended, as it may prevent possible complications when claiming goods damaged during transport. His/her objections to the delivered goods the buyer can enter in the transport document. The consumer may also refuse to accept the damaged item and mention it in the transport document.
Handling consumer complaints is provided by the seller through e-mail addresses firstname.lastname@example.org . Information about the handling of buyer complaints the seller sends to the buyer's email address.
The seller is entitled to sell goods at a trade certificate. Trade control is carried out under its authority the Trade Office. Supervision of privacy is carried out by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope among others also supervision over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
These terms and conditions apply as stated on the website of the seller on the date of concluding of the purchase contract. Orders of consumer after its confirmation as a contract between buyer and seller archived in order to meet and other records and the state are accessible to the buyer. Contract can be concluded in the Czech language or in other languages if it does not justify the impossibility of its conclusion. After purchase the customer agrees to receive commercial communications.
These terms and conditions allow to consumer their archiving and reproduction. Moment of concluding the purchase contract the buyer accepts all the provisions of the conditions in force at the date of dispatch of orders, including the price of ordered goods specified in the order confirmation, unless in a particular case clearly states otherwise.
These conditions come into effect on 15th December 2014.