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    Terms and conditions

    I. Basic provisions

    1. These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)

    Mad Max Sportswear Company s. r. o.

    Business ID No.:  25828878

    Tax ID No.: CZ25828878

    with registered office: Podolská 50, 147 00 Prague 4

    business premises: Petrov nad Desnou 150, 788 16 Petrov nad Desnou, Czech Republic

    C 78520 registered with the Municipal Court in Prague

    contact details: Radim Niederle, company manager

    email: info@madmax.eu

     (hereinafter referred to as the “Seller”)

    2. These terms and conditions govern the mutual rights and obligations of the Seller and the natural person who concludes a purchase contract outside their business activities as a consumer, or within the framework of their business activities (hereinafter referred to as the “Buyer”) via the web interface located on the website available at the internet address www.madmax.eu (hereinafter referred to as the “Online Store”).

    3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

    4. These terms and conditions and the purchase contract are concluded in Czech or English.

    II. Information about goods and prices

    1. Information about goods, including the prices of individual goods and their main features, are listed for individual goods in the online store catalog. The prices of goods are listed including value added tax, all related fees and costs for returning goods, if these goods cannot be returned by regular mail due to their nature. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

    2. All presentation of goods placed in the online store catalog is informative in nature and the seller is not obliged to conclude a purchase contract regarding these goods.

    3. Information about the costs associated with packaging and delivery of goods is published in the online store.

    4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

    III. Order and conclusion of the purchase contract

    1. The buyer shall pay the costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls). These costs do not differ from the basic rate.

    2. The buyer shall order the goods in the following ways:

    through his customer account, if he has previously registered in the online store,
    by filling out the order form without registration.

    3. When placing an order, the buyer shall select the goods, the number of goods, the method of payment and delivery.

    4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer shall send the order to the seller by clicking on the order button. The data specified in the order are considered correct by the seller. The validity of the order is subject to the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

    5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The confirmation is attached to the current terms and conditions of the seller. The purchase contract is concluded only after the seller has accepted the order. The notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The confirmation is attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

    6. In the event that the Seller cannot meet any of the requirements specified in the order, the Buyer shall send an amended offer to the Buyer's email address. The amended offer shall be considered a new draft of the purchase contract and the purchase contract shall be concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

    7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of acceptance of the order from the Seller. The Buyer may cancel the order by telephone to the Seller's telephone number or email specified in these Terms and Conditions.

     

    8. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously erroneous price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

    IV. Customer account

    1. Upon registration of the Buyer in the online shop, the Buyer can access his/her customer account. From his customer account, the buyer can order goods. The Buyer can also order goods without registration.

    2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

    3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

    4. The Buyer is not entitled to allow third parties to use the customer account.

    5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.

    6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

    V. Payment terms and delivery of goods

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

    cashless transfer to the seller's bank account No. 291463784/0300, maintained at CSOB a. s. in Šumperk.
    cashless by payment card
    cashless transfer to the seller's account via a payment gateway.
    cash on delivery or in cash upon delivery of the goods by the carrier
    cash or by payment card upon personal collection at the dispatch center of the consignment office.
    2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with the delivery of the goods.

    3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.

    4. In the case of payment via a payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment provider.

    5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

    6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.

    7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure then no later than within 48 hours

    8. The goods are delivered to the buyer:

    to the address specified by the buyer in the order

    via a parcel delivery office to the delivery office address specified by the buyer

    by personal collection at the seller's premises
    9. The choice of delivery method is made when ordering goods.

    10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

    11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

    12. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged, indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

    13. The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's e-mail address.

    14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

    VI. Withdrawal from the contract

    1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

    2. The withdrawal period is 14 days

    from the date of receipt of the goods,
    from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
    from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
    3. The buyer may not withdraw from the purchase contract, among other things:

    the provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
    on the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
    on the supply of goods that have been modified according to the buyer's wishes or for his person,
    on the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery,
    on the supply of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygiene reasons,
    on the supply of digital content, if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiration of the withdrawal period and the seller before the conclusion of the contract contract has informed the buyer that in such a case he does not have the right to withdraw from the contract,
    in other cases specified in Section 1837 of the Civil Code.
    4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

    5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

    6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller at the following address: Mad Max Sportswear Company s.r.o., Petrov nad Desnou 150, Petrov nad Desnou 788 16. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

    7. If the buyer withdraws from the contract, the seller will return the funds for the ordered goods that he received from him without delay, but no later than 14 days from withdrawal from the contract, in the same way. The seller will return the funds received to the buyer in another way only if the buyer agrees to this and if this does not incur additional costs.

    8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall refund the buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. In the case of returning the entire order.

    9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller.

    10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

    11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

    VII. Rights arising from defective performance

    1. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:

    the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

    the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

    the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

    the goods are in an appropriate quantity, measure or weight and

    the goods comply with the requirements of legal regulations.
    2. If a defect becomes apparent within six months of the buyer taking over the goods, it is assumed that the goods were defective upon taking over. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to a defect in used goods corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or if this results from the nature of the goods.

    3. In the event of a defect, the buyer may submit a complaint to the seller and demand:

    replacement for new goods,

    repair of the goods,

    a reasonable discount on the purchase price,

    withdraw from the contract.

    4. The buyer has the right to withdraw from the contract,

    if the goods have a significant defect,

    if he cannot use the item properly due to the repeated occurrence of the defect or defects after repair,

    in the event of a large number of defects in the goods.
    5. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

    6. The Seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered to be the moment when the buyer's will is expressed (the exercise of the right to defective performance) to the seller.

    7. The seller informs the buyer in writing about the result of the claim.

    8. The buyer does not have the right to defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

    9. In the event of a justified claim, the buyer has the right to compensation for the costs reasonably incurred in connection with making the claim. The buyer may exercise this right against the seller within one month after the expiry of the warranty period.

    10. The buyer has the choice of the method of making the claim.

    11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

    VIII. Delivery

    1. The contracting parties may deliver all written correspondence to each other via electronic mail.

    2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

    IX. Personal data

    1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer's data in any way other than for the purpose of fulfilling the contract, except for the email address to which commercial communications may be sent, as this procedure is permitted by law unless expressly refused. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple way (by sending a letter, email or clicking on the link in the commercial communication). The e-mail address will be stored for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

    2. More detailed information on the protection of personal data can be found in the Privacy Policy.

    X. Out-of-court dispute resolution

    1. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

    2. The European Consumer Centre Czech Republic, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

    3. The seller is authorised to sell goods on the basis of a trade licence. Trade licence control is carried out by the relevant trade licence office within its scope of competence. The Czech Trade Inspection Authority, to a limited extent, also supervises compliance with Act No. 634/1992 Coll., on consumer protection.

    XI. Final provisions

    1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

    2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

    3. All rights to the seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the seller's consent.

    4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. When using the online store, the Buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

    5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

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

    7. The Seller may change or supplement the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the Terms and Conditions.

    8. The appendix to the terms and conditions is a sample form for withdrawal from the contract.

     

    These terms and conditions come into effect on 1 January 2020.