I. General Provision These General Terms and Conditions of the internet (e-) www.actionshop.cz (hereinafter “GTs“) define the relations between the parties to the purchase contract (hereinafter the “contract“ of the “purchase contract“), in which one of the parties is the company AGS Trade s.r.o., identification number (IČO): 24616169, with its registered seat at Krejnická 2021/1, 148 00 Prague 4, the Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 119134, as the seller (hereinafter “AGS“) and the other party is the purchaser (hereinafter the “Purchaser“). The Purchaser is either a consumer or an entrepreneur. A consumer is any individual who enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade. An entrepreneur is a person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit. For the purposes of consumer protection, any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur is considered to be an entrepreneur By submitting an order, the Purchaser confirms, that the Purchaser became acquainted of G&T, and its integral parts Information before the Conclusion of the Contract, Complaints Procedure, Payment and Delivery Provisions, Instructions on Withdrawal and Model Form on Withdrawal from the Purchase Contract and that the Purchaser expressly agrees with them in wording which is valid and effective on the day when the purchase contract is concluded. The Purchaser is aware of the fact that by purchase of the products, which are in the marketing offer of the AGS, no rights to the use of the registered trademarks, company name, company logos etc. of AGS or any of the contractual partners of AGS, if not stipulated otherwise by special contract in particular case. The Purchaser shall receive a copy of GTs as an attachment to the confirmation of the order to the email address, whereas the tax bill, including the general terms of the contract, will be given to the purchase during the handover of the goods. II. Information before the conclusion of the contract AGS notifies that The costs of the means of distance communication do not differ from the basic fee (in case of internet or phone connection under conditions of your operator, AGS does not charge any extra fees, except for the contractual transport), AGS demands payment of the purchase price before the take-over of the goods by the Purchaser from AGS, the possible obligation to pay the deposit or similar payment is related solely to the request of the Purchaser for provision of the specific services, if required and provided, AGS does not enter into a contract, with an object in a refillable, if AGS conveys such contracts, the provider of such supply informs the Purchaser about the shortest term, for which the contract obliges both of the parties, including the information about price, or the way in which it shall be denominated for one accounting term, which is always one month unless the price is variable; Td. The prices of the goods and services are indicated at on the website ran by AGSC including the VAT and including all of the fees required by law. However, the costs for the delivery of the goods or services differ based on the chosen way of transport, a transport provider and the payment methods, the personal take-over at the branches is for free; In case that the purchaser is a consumer, such consumer is entitled to withdraw from the purchase contract (if not stipulated otherwise below) within 14 days in case of the Purchase contract, whereas the time limit starts by the day of the handover of the goods, contract, with a subject matter of several types of goods or delivery of a few parts of the good, whereas the time limit starts by the day when last part of the goods was delivered, or Contract, with a subject matter of regular delivery of the goods, whereas the time limit starts by the day of the first delivery of such goods; Whereas the withdrawal shall be sent to the address of the registered seat of AGS or to the email address: objednavky@actionshop.cz The consumer cannot withdraw from the contract with a subject matter in: Providing of services, which the AGS had fulfilled with a prior approval of the consumer before the expiration of time for withdrawal from the contract, Delivery of goods or services, the price of which depends on the fluctuations of the financial market and independently of the will of AGS and which can be performed during the time for withdrawal from the contract, Delivery of goods, which were customized or personalized, Delivery of goods subject to rapid decay, same as the goods which was irretrievably mixed with other goods after the delivery, Repair or services carried out in the place determined by the consumer upon his request; this shall not apply in case of subsequent performance of other then demanded repairs or delivery of other than demanded parts, The supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, Transportation or the free-time activities, if the entrepreneur provides such services at a specific date, In case of the withdrawal from the contract the entrepreneur shall bear the costs of the return of the goods, and in the case of the distance consumer contracts the consumer shall bear the costs for the returning of the goods only if the goods cannot be returned due to its character by regular post services; The consumer is shall pay the proportional part of the price in case of the withdrawal from the contract, if the subject matter of the contract was providing services and it has already started; in case of customer’s complaint, the costumer can submit such complaint to AGS, or to the state supervisory authority. III. Contract The Buyer can enter into the contract by accepting the offer for concluding of the contract on the website run by AGS, i.e. the consumer put the demanded thing (goods, services) in the basket, sends the order and such order will be delivered to AGS. The employer of AGS may assist the Purchaser during the conclusion of the contract, either directly at the branch or on the phone and in the case of email order. Before the Purchaser makes a binding confirmation of the order, the Purchaser has a right to change the demanded goods, transport method or the payment method, that means to control all data, which the Consumer has put in the order. The Purchase contract is made by sending of the order by the Purchaser after the type of transport and the payment method were chosen and by delivery of the Purchaser’s order to AGS. The AGS is not liable for possible defects during the transfer of data. The conclusion of the contract is without any delays confirmed by AGS by an information email sent to the email address selected by the Purchaser. If the informational email is not sent to the email address picked by the Purchaser, the Purchaser’s order has not been delivered to AGS, thus the purchase contract has not been concluded. The annex of this confirmation is the current version of the GTs including the Complaint Procedure of AGS. The concluded contract (including the agreed price) may be changed or cancelled only based on the agreement of both parties, due to reasons stipulated by the law or in accordance with these GTs. The relations, which will be established based on this contract, shall be governed by the law of the Czech Republic and the disputes arising out of this contract shall be resolved before the appropriate courts of the Czech Republic. The contract is concluded in Czech. If there is any translation made on the Purchaser’s demand, the Czech version of the contract shall prevail in case of the dispute about the meaning of definitions. The concluded contract shall be archived by AGS for at least five years after its conclusion, for the time according to appropriate legal laws as longest for the reasons of its successful fulfillment and it is not available to any third non-concerned parties. Information about the technical steps leading to the conclusion of the contract are become evident by reading these GTs, in which the process is described in an understandable way. AGS is not bound by any codex of behavior in relation to the Purchaser. By the purchase contract AGS obliges itself that it will hand the thing, which is the subject of the purchase, to the Purchaser and it will let the Purchaser acquire the ownership right to the item, and the Purchaser obliges itself, that it will take over the thing and pay AGS the purchase price. AGS reserves the ownership right to the thing, thus the Purchaser will only become its owner by payment of the purchase pricey. AAGS hands the thing to the Purchaser together with all documents and certificates related to it and let the Purchaser acquire the ownership right to the thing in accordance with a contract. AGS fulfils its duty of handover of the thing by letting the Purchaser dispose with the thing at the place of performance and by announcing the handover to the Purchaser in due time. In case that AGS is obliged to send the item, the thing is handed to the Purchaser (entrepreneur) by handover of such thing to the first transporter for the transport to the Purchaser (entrepreneur) and it let the Purchaser (entrepreneur) claim their rights arising out of the transport contract towards the transporter. In case that AGS is obliged to send the item, the thing is handed to the Purchaser (consumer), at the moment when the transporter hands the thing to the Purchaser (consumer). If AGS delivers to the Purchaser (entrepreneur) more items than was agreed between the parties, the purchase contract is not concluded for the superfluous quantity and the Purchaser (entrepreneur) shall return the superfluous goods to AGS without unreasonable delays. AGS hands the purchased thing to the Purchaser in an agreed quantity, quality and design. If it was not agreed how the thing shall be packed, AGS shall pack the thing according to the habitual practice; if such does not exist then in the way needed for preservation of the thing an its protection. AGS shall in the same manner secure the thing for the transportation. The Purchaser shall check the thing right after the risk passes to the Purchaser and it shall check its characteristic and quantity. The risk passes to the Purchaser by handover of the item. The result is the same if the Purchaser does not take over the item, although AGS has let him take it over. The damage of the thing which happened in the moment when the risk passed to the Purchaser, shall not affect the duty of the Purchaser to pay the purchase price, if it was not caused by AGS due to violation of any of its obligations. By delays of the Purchaser with a take-over of the item, the AGS becomes entitled to sell the thing with a prior warning of the Purchaser and after AGS provided the Purchaser with additional reasonable time for the take-over. Such procedure shall apply also when the Purchaser delays the payment which is condition to the handover of the item. IV. The rights arising of the defective performance, quality guarantee, the Complaints Procedure The rights arising of the defective performance and the guarantee quality provided to the Purchaser (consumer) shall be governed by the Complaints Procedure, which is inseparable part of this GTs. The rights arising of the defective performance and the warranty provided to the Purchaser (entrepreneur) shall be governed by appropriate law. V. Withdrawal from the contract Consumer’s withdrawal from the contract A consumer has the right to withdraw from a contract within fourteen days. The time limit under the first sentence starts on the date of conclusion of the contract, and in the case of: a contract of sale, from the date of the takeover of goods, a contract concerning several kinds of goods or the supply of several parts, from the date on which the last supply of goods is taken over, or a contract concerning a regular recurrent supply of goods, from the date on which the first supply of the goods is taken over. The consumer may withdraw from the contract by mail sent to the address AGS Trade s.r.o. - ACTIONSHOP, Krejnická 2021/1, 148 00 Praha 4 or electronically by e-mail sent to e-mail address: objednavky@actionshop.cz If the consumer withdraws form the contract, he shall send or deliver the goods at his own expenses, which was delivered from AGS, to AGS without unreasonable delay, and no later than fourteen days after the withdrawal. The goods shall be returned complete, with a complete documentation, without any damages, clean and in the original package if possible, and in the condition and quality in which the consumer received the goods. In case of everyday consumer goods (such as shoe cream, any spray etc.), the consumer may not withdraw from the contract. If the consumer decides to withdraw in the mentioned time period, we recommend, for the speeding up of the withdrawal procedure, to deliver the goods to the address of AGS together with a completed sample form for the withdrawal from the purchase contract and with a copy or number of the purchase confirmation and selected bank account where the purchase price shall be returned. The consumer is liable to AGS for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary with regard to its nature and properties. Should the consumer withdraw from the contract, AGS returns him without undue delay and no later than in 14 days after the withdrawal, the money which it received from the consumer based on the contract (except for the additional costs arising due to delivery method chosen by the consumer, which is a different method from the cheapest method of standard delivery offered by the seller), and in the same manner. If the consumer returns only part of the goods according to the contract, it shall receive only purchase price of the returned goods. If a consumer withdraws from the purchase contract, AGS is obliged to return the funds received from him only after the consumer has handed over the goods to AGS or proved to him that the goods were dispatched to AGS. The consumer is aware of the fact, that if there is any gift provided together with the goods, the donation agreement between AGS and the Purchaser is concluded under the condition, that in case of the withdrawal from the purchase contract, the donation agreement becomes ineffective and the consumer has to return all gifts related to the goods together with the goods, including any enrichment arising out of it. Should the gifts be not returned back, such values shall be considered as an unjust enrichment of the consumer. If it is not possible to return the item of the unjust enrichment, AGS is authorized to receive financial substitution for such item of its regular price. Withdrawal from the contract without giving any reason Any party is entitled to withdraw from the purchase contract in written form even without giving any reason until the moment of handover of the goods to the Purchaser. In such case, AGS returns without unreasonable delays the purchase price to the Purchaser, if it was already payed in the same manner as it was paid to AGS. The withdrawal from the contract shall be considered to be effective at the moment of its delivery to the second party. General provisions on withdrawal from the contract The Purchaser cannot withdraw from the contract, nor demand delivery of new thing, if the Purchaser cannot return the thing back in the same condition, as it was received. This provision shall not apply if, the change of the condition of the thing was caused as a result of an inspection of its possible defect, the thing had been used by the Purchaser before the defect was discovered, the Purchaser did not cause the impossibility to return the thing back in non-changed condition by its actions or neglection, or the Purchase had sold the thing before the defect was discovered, consumed it up, or changed it during the regular use of the thing; if such situation happened only partially, the Purchaser returns to AGS what he can return and provides AGS with a financial substitution in the amount equal to the acquired benefit of the Purchaser from the use of the thing. If the Purchaser does not announce the defect on time, he loses it right to withdraw from the contract. Due to protection of the Purchasers’ rights, should the Purchaser be a legal person which demands the payment of the credit note directly at the branch of AGS, such amount shall be given only to the persons authorized to represent such legal person, i.e. its statutory body or other person, which disposes of the power of attorney with a certified signature or certified signatures of the statutory body of the legal person. VI. Privacy policy The Purchaser who is a natural person hereby gives its consent with elaboration of following personal data: name and surname, residence address, identification number, tax identification number, e-mail address, phone number, IP address, bank account number, information about all performed orders and concluded purchase contracts (hereinafter jointly referred to as the "personal data"). The Purchaser agrees with an elaboration of its personal data by AGS, namely for the reason of administration of the user’s account, for the reason of conclusion and the fulfillment of the purchase contract. The Purchaser is aware of the fact that it shall state its personal data (during the registration, in its user account) correctly and truly and that it shall change the personal data in its user account in case of any change of its personal data without undue delay. AGS is entitled to hire a third person as elaborator of the Purchaser’s personal data. AGS will not provide personal data to any third person without the prior consent of the Purchaser, except for AGS, elaborator or any other persons providing the fulfillment to the Purchaser. Personal data will be processed for 5 years from the last order made. The personal data shall be elaborated in electronic form in fully automatic way or in printed form in non-automatic way. The Purchaser acknowledges that the provided personal data is accurate and that the Purchaser was advised that this is a voluntary provision of the personal data. In the case the Purchaser means that AGS or the elaborator elaborates its personal data in breach with the privacy protection of the Purchaser or in breach with the law, in particular, if the personal data are inaccurate with regard to the purpose of their elaboration, the Purchaser is entitled to: (i) ask AGS or elaborator to provide an explanation; (ii) ask AGS or elaborator to eliminate such state, file a complaint with the Office for Personal Data Protection. Should the Purchaser ask for the information on elaboration of its personal data, AGS shall give it such information. AGS is entitled to ask for a reasonable payment for providing of such information which shall not exceed the necessary costs related to the provision of such information. AGS may further, in case that the consent has been granted, elaborate so called „cookies“ for facilitation of provision of services by information company, in accordance with a provision of Directive 95/46/ES for the purpose of „cookies“ or other tools. It is secured, that the users will know the information which is downloaded into the end device, which they use. For this reason, AGS shall set individual terms and conditions for the use of cookies. The users may refuse the cookies to be downloaded to the end device, for example by turning on the function of anonymous browsing. VII. Operating hours Orders through the internet shop (e-shop) ACTIONSHOP: 24 hours a day, 7 days in week. The acceptance of the orders for the expedition within the second working day in the area of the Czech Republic: till 10:00 AM. VIII.Prices All prices are contractual. The prices in the e-shop are always actual and valid. The prices are final, including VAT or any other taxes and fees, which shall be paid by the consumer in order to acquire the goods. This shall not apply in case of additional fees for the transport, cash on delivery, and any costs related to the distance communication. Special prices are valid till the goods are sold out or for the definite period of time set by AGS. The Purchaser is aware of the fact, that there may be a situation in which the Purchaser orders goods for the price which was disclosed accidentally, due to an error of the internal information system of AGS. In such case, AGS shall inform the Purchaser about its withdrawal from the contract. AGS reserves the right to consider the purchase contract for invalidly concluded, if the personal data or credit card etc. were abused, or due to reasons of action made by state administrative state authority or judicial authority. In such case, AGS shall inform the Purchaser. The Purchaser is aware of the fact that the purchase contract cannot be validly concluded in the situations stated above in this paragraph. IX. Order The Purchaser shall get the fulfillment for the price which is valid in the time when the order was made. This price shall be defined in the order and in the message which confirms the acceptance of the order of goods. The order may be performed in following ways: through the e-shop www.actionshop.cz by the electronic mail using the address objednavky@actionshop.cz by phone AGS recommends to the Purchaser to make the orders through Purchaser ‘s registered profile at e-shop ACTIONSHOP. In case of the public access to the internet, AGS further recommends to the Purchaser to log out of its profile after the order was done. X.Payment and delivery conditions Valid for all the costumers Personal offtake PRAHA (for free) Personal offtake BRNO (for free) Personal offtake OSTRAVA (for free) Valid for the area of the Czech Republic GLS cash in delivery (CZK 130,-)) (for free if the order is in the amount of more than CZK 2,000,- )* GLS payment in advance (CZK 100,-) (for free if the order is in the amount of more than CZK 2,000,- )* GLS on-line payment (CZK 100,-) (for free if the order is in the amount of more than CZK 2,000,- ) * After the order was sent, the Payer may use the ePlatba+ service, which transfers him at the internet banking of his bank. The Payer transfer the payment through the internet banking. The money transfers are made through the account of the company ComGate Payments, a.s. The personal data that you enter into the internet banking system, are protected by the payment gates of the banks and they shall not be provided to any third person. The Elaborators of the payments shall see only the transaction information, which the bank provides them with the sent transaction. By entering into the purchase contract, the purchaser gives its consent to the elaboration of his contact information until he expresses his disapproval in a written form with such elaboration. The contact data, which the purchaser stated when making the order, shall be used only for our purpose and they shall be not provided to any other person except for the elaborators of the payments.. The Payer may use the on-line payment for the payment of the order. The standard payment gate will appear for the first payment, where the payer should state the payment card data and the data for the 3-D secure check, by which the highest level of protection is secured. In case of any following order of the registered payer, only a short notification „ the payment is in progress“ will appear after the confirmation of the order. The Payer is not transferred again to the payment gate and the e-shop shall provide the information on the result of the payment. Valid for the area of Slovakia GLS cash in delivery (EUR 10,-) (for EUR 2,- if the order is in the amount of more than EUR 150,- including VAT)* GLS online payment (EUR 8,-) (for free if the order is in the amount of more than EUR 150,- including VAT)* After the order was sent, the Payer may use the ePlatba+ service, which transfers him at the internet banking of his bank. The Payer transfer the payment through the internet banking. The money transfers are made through the account of the company ComGate Payments, a.s. The personal data that you enter into the internet banking system, are protected by the payment gates of the banks and they shall not be provided to any third person. The Elaborators of the payments shall see only the transaction information, which the bank provides them with the sent transaction. By entering into the purchase contract, the purchaser gives its consent to the elaboration of his contact information until he expresses his disapproval in a written form with such elaboration. The contact data, which the purchaser stated when making the order, shall be used only for our purpose and they shall be not provided to any other person except for the elaborators of the payments. GLS payment in advance (EUR 8,-) (for free if the order is in the amount of more than EUR 150,- including VAT)** Valid for the area of other states of the EU (Zone 2: Germany, Austria, Poland, Hungary, Slovenia, Croatia, Romania) GLS payment in advance (EUR 10,-) for free if the order is in the amount of more than EUR 150,- including VAT)* GLS online payment (EUR 10,-) for free if the order is in the amount of more than EUR 150,- including VAT)* - online payment with Credit/Debit Card GLS PayPal payment (EUR 10,-) (for free if the order is in the amount of more than EUR 150,- including VAT )* Valid for the area of other states of the EU (Zone 3-5: Belgium, the Netherlands, Luxembourg, Denmark, Estonia, Lithuania, Latvia, Ireland, Bulgaria, the Great Britain, Italy, France, Spain, Greece, Portugal, Finland, Sweden, Malta, Cyprus) GLS payment in advance (EUR 15,-) GLS online payment (EUR 15,-) - online payment with Credit/Debit Card GLS PayPal payment (EUR 15,-) * Attention, the free transport is valid only for the final prices, if you are dealer/ you have better price level, the transport price is always the same! Delivery time is within 3 days after the handover of the package to the transporter. The purchaser shall duly take the package from the transporter and check whether the package is intact, the number of the packages, and in case of any defects such announce to the transporter without any delays. The invoice and the tax receipt shall be attached in the package. Right after the delivery the Purchaser shall inspect the condition of the package (the number of packages, the integrity of the tape or any damages of the box) according to the attached transportation list. The purchaser is entitled to refuse the package which does not correspond to the purchase contract due to e.g. its incompleteness or damages. If the Purchaser hands over such package, it is necessary to describe such damages in the handover protocol of the transporter. Incomplete or damaged package shall be announced without any delays by email to the address objednavky@actionshop.cz, the damages protocol shall be written down with the transporter and such protocol shall be sent, without undue delays, by email or mail to AGS. Later complaint of the incompleteness or external damage of the package does not deprive the Purchaser of the right arising from a defective performance, however, it gives to AGS the option to prove that the defect is not one of these for which the AGS shall be held liable. XI. The Consumer’s protection In case of the consumer dispute arising out of the purchase contract or the contract on providing of services between the AGS and the consumer, which cannot be resolved by a mutual agreement, the consumer may submit a proposal on extrajudicial solution of such dispute to the designated authority for the extrajudicial decision-making of consumer disputes, which is Česká obchodní inspekce Ústřední inspektorát - oddělení ADR Štěpánská 15 120 00 Praha 2 Email: adr@coi.cz Web: adr.coi.cz The consumer may also use the online web platform for the online resolving of the disputes instituted by the European Commission at the web page http://ec.europa.eu/consumers/odr/. Extrajudicial handling of the complaints is secured by AGS through electronical address objednavky@actionshop.cz. Information on resolving of the complaints will be sent by AGS to the electronic address of the consumer. AGS is authorized to the sale of goods based on the Trade Licence. The Trade supervision is exercised by the designated Trade Office. Supervision of the Personal Data protection is exercised by the Personal Data Protection Office. The Czech Market Inspection (Česká obchodní inspekce) exercises in a defined extent the supervision according to Act No. 634/1992 Coll., on the consumer protection, as amended. XII. Final Provisions These GTs, including all of their parts, are valid and effective since May 31, 2018 and they cancel all previous GTs including all of their parts. INFORMATION ON RIGHT TO WITHDRAW FROM THE CONTRACT AND THE SAMPLE FORM FOR THE WITDRAWAL FROM THE CONTRACT The consumer is entitled to withdraw from the contract without giving a reason within fourteen (14) days as of the day when the consumer contract was concluded or of the day when consumer, or other person designated by the consumer (different from the transporter), took over the last delivery of the goods in case of delivery of different kinds of goods or delivery of several parts or in case when the consumer or other person designated by the consumer (different form the transporter) took over the first delivery of the goods in case of the regular delivery of the goods. In all other cases, the consumer shall give the reason for which it withdraws from the contract. The consumer shall inform about its withdrawal the seller for the purposes of the use of the right of withdrawal from the contract - AGS Trade s.r.o,ACTIONSHOP, Koliště 245/71, 602 00 Brno, e-mail: objednavky@actionshop.cz, in a form of unilateral legal action (for example by a letter sent via the provider of the postal services, by fax, or by email). The consumer may use the attached sample form for the withdrawal from the contract, although it is not mandatory. For the observance of the time limit for the withdrawal for the contract, it is sufficient when the withdrawal is sent before the time limit expires. Should the consumer withdraw from the contract, the seller shall return without unreasonable delay and no later than in fourteen (14) days after the seller received the announcement about the withdrawal, all payments which the seller received from the consumer, including all costs of the delivery (except for the additional costs arising as a result of the delivery method chosen by the consumer, which differs from the cheapest method of the standard delivery offered by the seller). The seller is obliged to return the funds received from him only after the consumer has handed over the goods to the seller or proved to him that the goods were dispatched to AGS (according to what comes first). The consumer is obliged to send back the goods or hand it over at the address of the seller AGS Trade s.r.o. - ACTIONSHOP, Koliště 245/71, 602 00 Brno, e-mail: objednavky@actionshop.cz. without unreasonable delay and no later than in 14 days after the withdrawal. The time period shall be deemed as preserved if the consumer sends the goods back before the time period of fourteen (14) days expires. The consumer shall bear the direct costs related to the return of the goods. The consumer is liable to AGS for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary for getting a knowledge of its nature and properties, including its functioning. The Sample Form for Withdrawal from the Contract - download PDF