BUSINESS TERMS AND CONDITIONS - CONFIGURATOR

ZBROJOVKA BRNO s.r.o., with the registered office and place of business at Lazaretní 1/7, 615 07 Brno, Czech Republic, Identification number 26928787, registered in the Commercial Register of the Regional Court in Brno, File No. 45 994 (the “Seller”).

  1. INTRODUCTORY PROVISIONS

    1. In compliance with Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), these Business Terms and Conditions govern mutual rights and obligations of the Contracting Parties established in commotion with or based on a contract of sale (the “Contract of Sale”) concluded between the Seller and other natural or legal person (the “Buyer”) through Seller’s internet store. The internet store is operated by the Seller at the internet address http://czconfigurator.com (the “Website”) through the Website interface (“Configurator Web Interface”).
    2. The Business Terms and Conditions shall not be applied on any cases, when the person, who intends to buy goods from the Seller, is the person, who is ordering goods within their business activity or within their individual performance of employment.
    3. These Business Terms and Conditions form an integral part of the Contract of Sale. Any provisions different from the Business Terms and Conditions may be agreed in the Contract of Sale. Different provisions of the Contract of Sale shall take precedence over provisions of these Business Terms and Conditions.
    4. The Contract of Sale and the Business Terms and Conditions are executed in the Czech and English language. The Contract of Sale may be concluded solely in the Czech or English language.
    5. The Seller may modify or amend the text of these Business Terms and Conditions. In this case, rights and obligations established during the force of the previous version of the Business Terms and Conditions shall not be affected.
  2. CONFIGURATION

    1. The Buyer accesses the Configurator Web Interface for the purpose to assemble a weapon and accessories according to Buyer’s individualized requirements. The Buyer modifies the selected weapon or accessories according to the pre-defined possibilities (the “Configuration”) in the Configurator Web Interface. Other than the defined configuration possibilities are not possible.
    2. Every modification performed within the Configuration is immediately reflected in the visualisation of weapon and its accessories, but also in the final price of goods.
    3. To save the selected output from the Configuration (the “Configured Goods” or “Configuration Output”), the Buyer shall insert a valid e-mail address to the relevant field. As soon as the Configuration Output is saved, the Buyer receives a link to the Configured Goods by e-mail. If the Buyer orders the Configured Goods in the manner according to Art. 3 of these Business Terms and Conditions, the Configuration Output is automatically saved for purposes of the order, and the Buyer receives further information about the current status of the order by e-mail.
    4. The Configuration Output is stored for 30 days since its last modification, then it is cancelled.
    5. In justified cases, the Seller shall be entitled to cancel Buyer’s Configuration Output even sooner.
    6. The Buyer acknowledges that the Configuration may not be available continuously, especially with regard to any necessary maintenance of Seller’s hardware or software equipment, or necessary maintenance of third persons’ hardware or software equipment.
  3. CONCLUSION OF THE CONTRACT OF SALE

    1. All presentation of goods placed in the Configurator Web Interface has an indicative nature, and the Seller shall not be obliged to conclude the Contract of Sale as for this goods, for example, due to any statutory requirements for Buyer’s minimum age or due to any business or legal restrictions applicable on certain regions. Section 1732 par. 2 of the Civil Code shall not be applied.
    2. The Configurator Web Interface contains information about goods, including prices of individual goods. The prices of goods are mentioned including value added tax. The prices of goods remain valid for the period, when they are displayed in the Configurator Web Interface.
    3. The Configurator Web Interface contains also information about possible costs connected with packaging and delivery of goods.
    4. To order goods, the Buyer shall fill in an order form in the Configurator Web Interface. The order form contains especially information about:
      • ordered goods (the Configured Good, selected additions and services),
      • Buyer’s identification data,
      • payment method of the purchase price of goods,
      • data about the required place of takeover of the ordered goods, and
      • information about possible costs connected with delivery of goods (hereinafter together only as the “Order”).
    5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data inserted to the Order by the Buyer, even with respect to Buyer’s possibility to identify and correct any errors occurred during insertion of data to the Order. The Buyer shall send the Order to the Seller by clicking on the button “Complete the Order”. Data mentioned in the Order are deemed correct by the Seller. Immediately after receipt of the Order, the Seller shall confirm its receipt to the Buyer by electronic mail to the address of Buyer’s electronic mail mentioned in the Order (“Buyer’s Electronic Address”).
    6. Contractual relationship between the Seller and the Buyer is established upon acceptance of the Order by the Seller sent to the Buyer to Buyer’s Electronic Address.
    7. The Buyer agrees with use of means of distant communication, when concluding the Contract of Sale. Any costs incurred to the Buyer, when using such means of distant communication in connection with conclusions of the Contract of Sale (internet connection costs, costs of phone calls), shall be paid by the Buyer themselves, while these costs are not different from the basic rate.
    8. Bearing in mind that any handling with the Configured Goods is subject to special laws, the Buyer is obliged to submit to the Seller all documents required by the laws proving their eligibility to hold these goods at their own expense no later than during handover of the goods. This is especially:
      • valid gun licence
      • valid identification card
      • purchase permit to buy a category B weapon
    9. If the Buyer fails to meet this condition, then this fact means that the subject of the purchase will not be handed over, and the Seller shall be entitled to act according to Article 8 of this Contract.

  4. TRANSFER OF RISK OF DAMAGE TO THE GOODS

    1. VOwnership right to the goods is transferred to the Buyer upon their handover to the Buyer (if the purchase price was paid), otherwise upon full payment of the purchase price.
    2. Risk of damage to the goods is transferred to the Buyer upon takeover of the goods by the Seller.
  5. PAYMENT OF THE PURCHASE PRICE

    1. CThe price of goods and possible costs connected with packing and delivering of the goods according to the Contract of Sale shall be paid by the Buyer to the Seller:
      • By cash upon takeover of the goods at the collection point.
      • By card upon takeover of the goods at the collection point.
      • By a wire transfer to Seller’s account.
    2. The purchase price or its part may be paid also in the manner specified in Art. 6 below.
    3. Possible discounts on the price of the goods provide by the Seller to the Buyer cannot be mutually combined.
    4. The Seller requires from the Buyer the advance payment in the amount of 1/3 of the purchase price, including all additions, additional services and VAT, in advance. The purpose of this advance payment is to cover any costs incurred in connection with delivery of the goods according to Buyer’s individualized requirements. In case of Seller’s withdrawal from the Contract according to Art. 8, the advance payment shall be set off against payment of the contractual penalty according to this provision.
    5. If the advance payment according to Art. 5.4 is not fully paid within the period mentioned in the Order or in the request according to Art. 6.6, then the Order is cancelled and the paid amount shall be returned to the Buyer to their bank account, except for the case mentioned in Art. 6.7.
    6. For payments performed on the basis of the Contract of Sale, the Seller shall issue a tax document – invoice for the Buyer. The Seller is a payer of value added tax. The tax document – invoice shall be issued by the Seller for the Buyer after payment of the price of the goods, and they shall send it electronically to Buyer’s Electronic Address.
  6. PAYMENT OF THE PURCHASE PRICE BY THIRD PERSONS

    1. The purchase price or its part may be paid by payments from third parties. The Buyer shall select this payment method in the Configurator Interface by clicking on the relevant button and inserting e-mail addresses of the persons, who will be asked for payment of the purchase price or its part (the “Donors”). This payment option (the “Collection”) of the purchase price or its part is allowed for 30 days since the insertion of this payment method and it cannot be prolonged.
    2. The Configurator Web Interface will generate an editable message for the Donor that will include a link to the payment gate, where the Donors may pay any amount (the minimum amount is CZK 200) to “the account of future configuration of the weapon”.
    3. The Collection is ended, when the Buyer cancels it themselves, and if the Buyer does not cancel it, then after the expiration of 30 days.
    4. If, after cancellation of the Collection, the account of future configuration of the weapon is in the amount of 100 % of the purchase price, including all additions, additional services and VAT, the Collection will be stopped and the Buyer will be invited to pick up the goods.
    5. If, after cancellation of the Collection, the account of future configuration of the weapon is in the amount exceeding 30 % of the purchase price, including all additions, additional services and VAT, but it is not in the amount of 100 % of the purchase price at the same time, the amount paid by the Collection shall be fully set off against a part of the purchase price. The remaining part of the purchase price shall be paid by the Buyer in the manner mentioned in Art. 5 par. 1.
    6. If, after cancellation of the Collection, the account of future configuration of the weapon is not in the amount of 30 % of the purchase price, including all additions, additional services and VAT, the entire amount of the Collection shall be set off against payment of the advance payment according to Art. 5.4, and the Buyer will be invited to pay the remaining part of the advance payment and subsequently theremaining part of the payment.
    7. For payments performed on the basis of the Contract of Sale, the Seller shall issue a tax document – invoice for the Buyer. The Seller is a payer of value added tax. The tax document – invoice shall be issued by the Seller for the Buyer after payment of the price of the goods, and they shall send it electronically to Buyer’s Electronic Address.
  7. BUYER’S WITHDRAWAL FROM THE CONTRACT OF SALE

    1. The Buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a contract of sale on delivery of the goods that was modified according to Buyer’s wish or for their person, but also the goods that was irretrievably mixed with other goods after delivery.
    2. If it is not the case mentioned in Art. 7.1 or other case, when it is not possible to withdraw from the Contract of Sale, the Buyer shall be entitled to withdraw from the Contract of Sale in compliance with Section 1829 par. 1 of the Civil Code within fourteen days since takeover of the goods, and if the subject of the Contract of Sale is formed by more types of goods or delivery of several parts, then this period begins on the date of takeover of the last delivery of the goods. Any withdrawal from the Contract of Sale must be sent to the Seller within the period mentioned in the previous sentence to the address: ZBROJOVKA BRNO s.r.o., Lazaretní 1/7, 615 07 Brno, Czech Republic, together with the goods, or to the e-mail address: [email protected]
    3. In the case of any withdrawal from the Contract of Sale according to Art. 7.2. of the Business Terms and Conditions, the Contract of Sale is terminated from its beginning. Goods must be returned to the Seller within fourteen days since such withdrawal from the Contract. If the Buyer withdraws from the Contract of Sale, they shall bear any costs connected with this return of the goods to the Seller, even in the case, when the goods cannot be returned due to its nature using a common mail method.
    4. In the case of any withdrawal from the Contract of Sale according to Art. 7.2. of the Business Terms and Conditions, the Seller shall refund funds received from the Buyer within fourteen days since such withdrawal from the Contract to the Buyer to Buyer’s bank account mentioned in the withdrawal from the Contract of Sale. If the Buyer withdraws from the Contract of Sale, the Seller is not obliged to return any received funds to the Buyer until the Buyer returns the goods or proves that they have sent the goods.
    5. If the Buyer receives any gift together with the goods, then the donation contract between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Contract of Sale, the donation contract about such gift becomes ineffective and the Buyer shall return the provided gift to the Seller together with the goods.
  8. SELLER’S WITHDRAWAL FROM THE CONTRACT AND CONTRACTUAL PENALTY

    1. If the Buyer fails to take the goods over within the defined term, the Seller shall be entitled to withdraw from the Contract.
    2. Bearing in mind that the goods are assembled according to Buyer’s individual need, then for the case of withdrawal according to this Article, the Contracting Parties agree that the Seller shall be entitled, for any breach of Buyer’s obligations according to par. 1 of this Article or Buyer’s obligation to submit to the Seller all documents required by the laws proving their eligibility to hold these goods, especially
      • valid gun licence
      • valid identification card
      • purchase permit to buy a category B weapon
    3. to retain, as a contractual penalty, the advance payment paid according to Art. 5 par. 4 (i.e. 1/3 of the purchase price, including additions, additional services and VAT).
  9. PERSONAL COLLECTION OF THE GOODS

    1. The goods may be taken over only in person at the place selected in the Order and only after full payment of the purchase price and submission of the documents according to Art. 3 par. 9.
    2. If requested by the Buyer, the period for takeover of the goods may be prolonged by the Seller for up to 30 days. The fee for this prolongation of the period for takeover is CZK 290. The Seller shall decide on the approval of this request to prolong the period and they may not approve Buyer’s request.
  10. RIGHTS FROM DEFECTIVE PERFORMANCE

    1. Rights and obligations of the Contracting Parties as for the rights from defective performance shall be governed by the generally applicable laws (especially by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
    2. The Seller hereby provides a quality warranty in the scope mentioned in the Contract of Sale or in the warranty card. If the warranty card is not enclosed, the Seller provides the warranty that the goods will be suitable for the mentioned or ordinary purpose, that it will have and will retain the mentioned or otherwise ordinary properties, that there will be used perfect materials, technically perfect workmanship and that construction standards will be met, as for dimensions, performances and other mentioned properties.
    3. The warranty is not applicable on:
      • mechanical damage caused by the Buyer (user) or any components or parts of the goods affected by this damage,
      • damage and defects caused by any neglect of maintenance, failure to meet the duties defined by the operational manual and warranty card (if it was enclosed) and safety instructions, incorrect use, operator’s mistake or unprofessional interference,
      • defects caused by storage in an unsuitable environment,
      • defects due to which the price of the goods was decreased, unless agreed otherwise,
      • modifications of and interferences with the goods that are not performed by the Seller,
      • defects caused by any use of non-original components,
      • wear and tear caused by ordinary use or damage caused by rough handling.
    4. The ordinary warranty period provided by the Seller about the goods is 24 months. The warranty period begins on the date of sale of the goods. The warranty period is prolonged for the period, when the goods was in any warranty repair. The Buyer shall be entitled to prolong the warranty for a fee, when ordering the goods in the Configurator.
    5. The Buyer shall be entitled to exercise the rights from defects of the goods with the Seller.
    6. The Buyer shall be entitled to exercise their rights from defective performance without undue delay after the defect of the goods is discovered. The Buyer shall identify the defect and prove the date of sale of the goods, when exercising the rights from defective performance.

    7. The Seller shall issue a written confirmation for the Buyer that will include the date and place of such exercising of the rights from defects of the goods, nature of the claimed defect, method of handling the complaint requested by the Buyer and manner, how the Buyer will be informed about its processing. The Seller shall decide on the complaint immediately or within three working days in difficult cases.
    8. Any complaint, including remedy of the defect, must be handled without undue delay, no later than within 30 days since its notification, unless they agree on a longer period with the Buyer.
    9. Method of handling complaints:
      1. A. Removable defects. Defects that can be removed by their repair without any damage to the appearance, function or quality of the goods are considered removable. If there is any removable defect, the Buyer shall be entitled to its free, timely and duly removal.
      2. B. Irremovable defects, repeated occurrence of defects after repair, higher number of defects. Defects that cannot be removed or of which removal is not useful with respect to all decisive circumstances ae considered irremovable. If there is any irremovable defect, higher number of defects (at least 3 defects) or any repeated occurrence of defects after repair (at least third occurrence of the defect), the Buyer shall be entitled to replacement of the goods with new goods without defects or to withdrawal from the Contract of Sale.
    10. Provisions mentioned in Art. 10.2 of the Business Terms and Conditions shall not be applied on the goods sold for a lower price due to the defect for which the lower price was agreed, on any wear and tear of the goods caused by its ordinary use, on any defect corresponding with the degree of use or wear and tear that the goods had, when it was taken over by the Buyer, in case of used goods, or if it results from the nature of the goods.
  11. PERSONAL DATA PROCESSING

    1. Processing of personal data of the Buyer, who is a natural person, is performed for the purposes to fulfil the Contract of Sale according to Art. 6 par. 1 letter b) of the GDPR Regulation.
    2. The Seller hereby states that they consider personal data to be confidential and they will use them solely to fulfil the Contract of Sale. Buyer’s personal data shall not be published or otherwise provided to a third party by the Seller, except for the cases connected with distribution of the goods or payments. The Seller shall carefully act, so the Buyer will not suffer any harm to their rights, and they care about protection against any unauthorized interference with private and personal life.
    3. The Seller provides the Buyer with detailed information on the personal data processing in a separate part of the internet store.
  12. FINAL PROVISIONS

    1. If the relationship established by the Contract of Sale contains any international (foreign) element, the Parties agree that the relationship shall be governed by the Czech laws. This shall not affect consumer’s rights arising from the generally applicable laws.
    2. If any provision of the Business Terms and Conditions is invalid or ineffective, or it becomes such, then provisions of which meaning is the closest to the invalid provision shall be applied instead of invalid provisions. Such invalidity or ineffectiveness of one provision shall not affect validity of the remaining provisions. All modifications of and amendments to the Contract of Sale or the Business Terms and Conditions require a written form.
    3. The Contract of Sale, including the Business Terms and Conditions, is archived by the Seller electronically and it is not accessible.
    4. An extrajudicial settlement of consumers’ complaints is ensured by the Seller through electronic address [email protected] The Seller shall send information about the settlement of Buyer’s complaint to Buyer’s Electronic Address.
    5. The Seller shall be entitled to sell the goods based on trade licence. Trade inspection is performed by the competent Trade Office within its authority. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs in the defined scope, among other things, supervision over the compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
    6. The materially competent entity for any extrajudicial settlement of consumer disputes between the Seller and the Buyer is the Czech Trade Inspection Authority, Central Directorate – ADR Department, Štěpánská 15, 120 00 Prague 2, Czech Republic, adr.coi.cz. These Business Terms and Conditions are valid since 1 st September 2019.

ZBROJOVKA BRNO, s.r.o.
subsidiary of Česká zbrojovka a.s.
Lazaretní 1/7, Zábrdovice,615 00 Brno
Phone: +420 703 170 300
E-mail: [email protected]
COMPANY ID: 26928787
VATIN: CZ26928787
The company is registered in the Commercial Register kept by the Regional Court in Brno, file number 45994.