Terms and Conditions

I. Basic provisions

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

  • (name and surname / business name): Jitka Lukášová
  • Company ID (IČ): 76238181
  • VAT ID (DIČ): CZ7262052061
  • registered office: Hostivařská 131/37, Praha 15, 102 00, Hostivař 
  • Competent authority pursuant to Section 71(2) of the Trade Licensing Act: Prague 10 Municipal District Office (Úřad městské části Praha 10)
  • contact details: Jitka Lukášová
  • e-mail: info@lukasport.cz
  • phone: +420 603 413 239
  • www: www.sportovni-pohary-4j.cz

Bank account confirmation as of 12 March 2024 - RB CONFIRMATION

Bank account: 76238402/5500

IBAN CZ7755000000000076238402

BIC (SWIFT) RZBCCZPP

(hereinafter the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the "Buyer"), through the web interface located on the website available at www.sportovni-pohary-4j.cz (hereinafter the "Online Store").

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating arrangements 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 the Czech language.

 

II. Information on goods and prices

1. Information on the goods, including the prices of individual goods and their main characteristics, is given for each item in the catalogue of the Online Store. The prices of the goods are stated including value added tax, all related fees and the costs of returning the goods if, by their nature, the goods cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the Online Store. This provision does not preclude the conclusion of a purchase contract under individually negotiated conditions.

2. Any presentation of goods in the catalogue of the Online Store is for information purposes only and the Seller is not obliged to conclude a purchase contract for these goods.

3. Information on the costs of packaging and delivery of the goods is published in the Online Store. The information on the costs of packaging and delivery of the goods given in the Online Store applies only where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.

 

III. Order and conclusion of the purchase contract

1. The 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) are borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer orders goods in the following ways:

  • through their customer account, if they have previously registered in the Online Store,
  • by filling in the order form without registration.  

3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and the method of delivery.

4. Before sending the order, the Buyer is able to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking the "Add to cart" button. The data stated in the order are considered correct by the Seller. The validity of the order is conditional on all mandatory fields in the order form being completed and on the Buyer confirming that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The Seller's current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only when the order is accepted by the Seller. Notice of acceptance of the order is delivered to the Buyer's e-mail address.

6. If the Seller cannot meet any of the requirements stated in the order, the Seller will send the Buyer an amended offer to the Buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract and, in such a case, the purchase contract is concluded when the Buyer confirms acceptance of this offer to the Seller at the Seller's e-mail address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the notice of acceptance of the order by the Seller has been delivered to the Buyer. The Buyer may cancel an order by phone at the Seller's telephone number or by e-mail at the Seller's e-mail address stated in these Terms and Conditions.

8. In the event of an obvious technical error on the part of the Seller in stating the price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer an amended offer to the Buyer's e-mail address. The amended offer is considered a new proposal for a purchase contract and, in such a case, the purchase contract is concluded upon the Buyer's confirmation of acceptance sent to the Seller's e-mail address.

 

IV. Customer account

1. Based on the Buyer's registration in the Online Store, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.

2. When registering a customer account 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 it changes. The data stated by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable 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, in particular if the Buyer has not used their user account for an extended period, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.

 

V. Payment terms and delivery of goods

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

  • by bank transfer to the Seller's bank account No. 76238402/5500, held with Raiffeisenbank a.s.,
  • by payment card,
  • by transfer to the Seller's account via the COMGATE payment gateway – online bank transfer, Apple Pay, online card payment, 
  • cash on delivery upon handover of the goods,
  • in cash or by payment card upon personal collection at the Seller's premises.

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 expressly stated otherwise 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. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider. 

5. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before the goods are dispatched is not a deposit.

7. Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sale with the tax administrator online; in the event of a technical failure, 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 pick-up point at the address of the pick-up point specified by the Buyer,
  • by personal collection at the Seller's premises.

9. The delivery method is selected during the ordering of the goods.

10. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the Buyer's order and in the Seller's confirmation of the order. If 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 this method of transport.

11. If, under the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, 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.

12. When taking over the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged in a way that indicates unauthorised tampering with the shipment, the Buyer does not have to accept the shipment from the carrier.

13. The Seller will issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer's e-mail address.

14. The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but not before 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 failed to do so in breach of the purchase contract.

 

VI. Withdrawal from the contract

1. A Buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days

  • from the day of taking over the goods,
  • from the day of taking over the last delivery of goods, if the contract covers several types of goods or the delivery of several parts,
  • from the day of taking over the first delivery of goods, if the contract covers regular repeated delivery of goods.

3. The Buyer may not, among other things, withdraw from a purchase contract:

  • for the provision of services, if they have been performed with the Buyer's prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the contract that in such a case they have no right to withdraw from the contract,
  • for the supply of goods or services whose price depends on fluctuations in the financial market independent of the Seller's will and which may occur during the withdrawal period,
  • for the supply of alcoholic beverages which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the Seller's will,
  • for the supply of goods which have been modified according to the Buyer's wishes or for the Buyer personally,
  • for the supply of perishable goods, as well as goods which, after delivery, have been irreversibly mixed with other goods,
  • for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
  • for the supply of an audio or video recording or computer software, if the Buyer has broken its original packaging,
  • for the supply of newspapers, periodicals or magazines,
  • for 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 expiry of the withdrawal period, and the Seller informed the Buyer before the conclusion of the contract that in such a case they have no right to withdraw from the contract,
  • in the other cases set out in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the Buyer must send the declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the model withdrawal form provided by the Seller. The Buyer sends the withdrawal from the purchase contract to the Seller's e-mail or postal address stated in these Terms and Conditions. The Seller will confirm receipt of the form to the Buyer without delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal. The Buyer bears the costs of returning the goods to the Seller, including where the goods cannot, by their nature, be returned by the usual postal route.

7. If the Buyer withdraws from the contract, the Seller will return to the Buyer without delay, but no later than 14 days after the withdrawal, all funds received from the Buyer, including delivery costs, in the same manner. The Seller will return the funds received to the Buyer in another manner only if the Buyer agrees to this and no additional costs are incurred by the Buyer as a result.

8. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller will refund the delivery costs to the Buyer in an amount corresponding to the cheapest delivery method offered.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves that they have dispatched the goods to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off a 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 stock being sold out, unavailability of the goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller will inform the Buyer without delay via the e-mail address stated in the order and will return, within 14 days of the notice of withdrawal from the purchase contract, all funds received from the Buyer under the contract, including delivery costs, in the same manner or in a manner specified by the Buyer.

 

VII. Rights arising from defective performance

1. The Seller is liable to the Buyer for the goods being free of defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods:

  • the goods have the characteristics agreed by the parties and, in the absence of such agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of their advertising,
  • the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  • the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,
  • the goods are in the appropriate quantity, measure or weight, and the goods comply with the requirements of legal regulations.

2. The Seller has obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance continue. Otherwise, the Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.

3. If the period during which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By the quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose or will retain their usual characteristics for a certain period. If the Buyer has rightfully notified the Seller of a defect in the goods, the period for exercising rights arising from defective performance and the guarantee period do not run for the period during which the Buyer cannot use the defective goods.

4. The provisions set out in the preceding paragraph 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 usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or where this follows from the nature of the goods. The Buyer is not entitled to the right arising from defective performance if, before taking over the goods, the Buyer knew that the goods had a defect, or if the Buyer caused the defect themselves.

5. In the event of a defect, the Buyer may submit a complaint to the Seller and request:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

  • if the goods have a material defect,
  • if the Buyer cannot properly use the item due to the repeated occurrence of a defect or defects after repair,
  • in the event of a larger number of defects in the goods.

7. A material breach of contract is one of which the breaching party knew or must have known at the time of concluding the contract that the other party would not have concluded the contract had it foreseen such a breach.

8. In the case of a defect which constitutes a non-material breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.

9. If a remediable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to claim a discount on the purchase price, replacement of the goods or withdrawal from the contract.

10. When making a complaint, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller's consent is possible only if the Buyer requested repair of a defect which proves to be irremediable. If the Buyer does not choose their right arising from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the Buyer may, on the basis of withdrawal from the contract, demand a refund of the purchase price in full.

12. If the Seller proves that the Buyer knew of the defect in the goods before taking them over or caused it themselves, the Seller is not obliged to satisfy the Buyer's claim.

13. The Buyer cannot make a complaint about discounted goods for the reason for which the goods were discounted.

14. The Seller is obliged to accept a complaint at any of its premises where acceptance of the complaint is possible, or at its registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of settling the complaint the Buyer requires, as well as confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or written justification of the rejection of the complaint.

15. The Seller or an employee authorised by the Seller will decide on the complaint immediately, or in complex cases within three working days. This period does not include the time reasonably required, depending on the type of product or service, for an expert assessment of the defect. The complaint, including the removal of the defect, must be settled 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 expiry of this period without result is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of making a complaint is considered to be the moment when the Buyer's expression of will (exercise of the right arising from defective performance) reaches the Seller.

16. The Seller will inform the Buyer in writing of the outcome of the complaint.

17. The Buyer is not entitled to the right arising from defective performance if, before taking over the item, the Buyer knew that the item had a defect, or if the Buyer caused the defect themselves.

18. In the case of a justified complaint, the Buyer is entitled to reimbursement of the costs reasonably incurred in connection with making the complaint. The Buyer may exercise this right against the Seller within one month after the expiry of the guarantee period; otherwise, a court may not grant it.

19. The choice of the method of complaint lies with the Buyer.

20. 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 by Act No. 634/1992 Coll., on Consumer Protection.

 

VIII. Delivery of correspondence

1. The contracting parties may deliver all written correspondence to each other by e-mail.

2. The Buyer delivers correspondence to the Seller at the e-mail address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the e-mail address stated in the Buyer's customer account or in the order.

 

IX. Personal data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give us written permission, we will not use your data in any way other than for the purpose of performing the contract, with the exception of your e-mail address, to which commercial communications may be sent, as this is permitted by law unless you object. Such communications may relate only to similar or related goods and can be unsubscribed at any time by a simple means (by sending a letter or e-mail, or by clicking the link in the commercial communication). The e-mail address will be kept 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 HERE

 

X. Out-of-court settlement of disputes

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may 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 Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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 consumer ODR).

3. The Seller is entitled to sell goods on the basis of a trade licence. Trade inspections are carried out by the competent trade licensing office within the scope of its competence. The Czech Trade Inspection Authority supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things.

 

XI. Final provisions

1. All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights 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 Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including the page layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part of it 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 must not use procedures that could have a negative effect on its operation and must not carry out any activity that could enable the Buyer or third parties to interfere with or make unauthorised use of the software or other components that make up the Online Store, or use the Online Store or its parts or software in a manner contrary to its purpose.

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

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

7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

8. The model withdrawal form is attached to these Terms and Conditions. Model withdrawal form

9. The model complaint form is attached to these Terms and Conditions. Download here: Model complaint form

These Terms and Conditions take effect on 22 October 2025.