Terms and Conditions

General Terms and Conditions of www.odinhockey.com

I. Introductory Provisions and Explanation of the Purpose of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as “T&Cs”) apply to purchases in the online shop operated at www.odinhockey.com (hereinafter referred to as the “e-shop”) by ODIN HOCKEY s.r.o., Business Identification No. 06231454, registered in the Commercial Register maintained by the Regional Court in Pilsen.

Purchases in the e-shop are made on the basis of a purchase agreement concluded between the Seller and the Buyer. The process of entering into the purchase agreement is described in detail in Article III of the T&Cs. These T&Cs form an integral part of the purchase agreement and detail and explain the rights and obligations of both parties to the purchase agreement, i.e., the Buyer and the Seller. The provisions of the purchase agreement that differ from the provisions of the T&Cs take precedence (i.e., the wording of the purchase agreement prevails over the wording of the T&Cs).The T&Cs also deal with some other issues related to the purchase in the e-shop.

The T&Cs contain information that you need to know before you buy anything from us. All essential information is available to you in the T&Cs.

Important Terms (Definitions)

SELLER

ODIN HOCKEY s.r.o.

Business Identification No. (IČO) / Tax Identification No. (DIČ): 06231454 / CZ06231454

Jedlová 250, Záluží

330 11 Tremosna

Business Premises

ODIN HOCKEY s.r.o.

Svojkovice 7

338 22 Svojkovice u Rokycan

The e-shop’s business premises and address for service (correspondence) or return of goods is different from the company’s registered office.

The company is registered in the Commercial Register maintained by the Regional Court of Pilsen, File No. C 34813.

E-mail contact address: info@odinhockey.com

BUYER – The Buyer is the one who concludes a purchase agreement with us, as the Seller, through the web interface www.odinhockey.com, buying some of the goods displayed on the e-shop website. The Buyer may be an entrepreneur (a natural person engaged in his/her trade or business, often also referred to as a self-employed person), a legal entity (e.g., a limited liability company or a joint stock company) or a consumer.

CONSUMER – A consumer is defined by law as a natural person who is not acting for purposes within the framework of his/her business activities or independent practice of his/her profession. If you are a natural person and you include your Business Identification Number (IČO) in your order, you will be deemed to be entering into the purchase agreement as an entrepreneur and not as a consumer.

CONSUMER CONTRACT – It is a purchase agreement in which the consumer acts as the Buyer. Under current law, a consumer is protected more than a buyer who is not a consumer. At the same time, the seller has more obligations to the consumer than to any other buyer and is obliged to provide the consumer with the information required by both the Civil Code and the Consumer Protection Act. If the buyer is a person other than a consumer, those provisions of the T&Cs which serve solely for the protection of the consumer (i.e., the text where there is only “Consumer” instead of “Buyer”) shall not apply.

DISTANCE CONTRACT – It is a purchase agreement concluded through the MEANS OF DISTANCE COMMUNICATION, i.e., it is concluded without the Seller and the Buyer having to meet in person, because it is concluded through a web interface on the basis of an order made directly on the website www.e-shop.odinhockey.com (by filling in the necessary data by the Buyer) or through e-mail communication, telephone or similar means of communication. The costs associated with the use of means of distance communication (in particular the cost of internet connection and telephone calls) are borne by you and they are no different from the normal rate charged by your operator or internet service provider. By placing an order, you expressly agree to the use of distance communication.

GOVERNING LAWS – These are the applicable laws governing the relationship between the Buyer and the Seller, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter also referred to as the “Civil Code”) and in cases where the Buyer is a consumer, also Act No. 634/1992 Coll., on Consumer Protection.

III. Order and Conclusion of the Purchase Agreement

The Buyer orders the goods through the web interface, i.e., through the ordering system of the e-shop.

DESCRIPTION OF GOODS – In the e-shop (on the web interface) there is a list of goods including a description of the main characteristics of the goods. All presentations of goods listed on the web interface of the shop are informative. As the Seller, we are not obliged to enter into a purchase agreement in respect of these goods. Section 1732 (2) of the Civil Code does not apply.

ORDERING GOODS – For ordering goods via the web interface of our company, there is an order form, where you as the Buyer fill in your name, surname or company name, or Business Identification Number (IČO), Tax Identification Number (DIČ), information about the ordered goods (by placing the ordered goods in the “basket” of the web interface and indicating the number/quantity of the ordered goods, or the specification of the goods, if more than one version is offered), billing address and delivery address (if different), e-mail and telephone contact, and select the method of payment and delivery of the goods. You can order goods 24 hours a day, 7 days a week, while the dispatch takes place on working days only. The Seller warns that, exceptionally, the website may be temporarily unavailable due to necessary maintenance or circumstances which are beyond its control, such as Internet connection failures.

Before placing the order, you can check and change the data entered in the order form and, if necessary, correct any errors and discrepancies. You can submit your order by clicking on the “Order” button.

We will inform you of the acceptance of your order by e-mail sent to your e-mail address. Until you receive the confirmation of acceptance of your order, you may cancel your order by telephone or e-mail (to the address specified in Article II of the T&Cs). The purchase agreement is concluded upon delivery of the confirmation of acceptance of your order to your e-mail address indicated in the order. Thereafter, any changes to the concluded purchase agreement (including cancellation of the order) are no longer possible.

As the Seller, we reserve the right to cancel an order or part of an order before the conclusion of the purchase agreement if the goods are no longer produced or if the stock is exhausted and the supplier is unable to supply new stock in the longer term. For the same reasons, we are also entitled to withdraw from the concluded purchase agreement (because we would not be able to meet your requirements). Such withdrawal may be made by written notice stating the reasons to your e-mail contact and shall take effect upon receipt. If you, as the Buyer, have already paid all or part of the purchase price, we will refund such payment in the manner agreed with you or, if no agreement is reached, in the same manner in which you made the payment. The period for the return of the received payment depends on the chosen method of payment, but shall not exceed 14 days from the time of notification of the impossibility to deliver the goods or the effectiveness of the withdrawal from the purchase agreement.

In case of doubt, we may contact you to verify the authenticity of the order, and if we are unable to verify the authenticity of the order, it is assumed that the order was not placed at all and we will no longer deal with such order.

Ownership of the goods passes to you as the Buyer when both of the following conditions are met – the full purchase price is paid and you have taken over the goods.

The purchase agreement and the T&Cs are concluded in the Czech language. The agreement is concluded in electronic form and consists of your order, its acceptance by us and these T&Cs. We archive the agreement in electronic form and it is not accessible.

USER ACCOUNT – If you register on the web interface, you will immediately receive the access data for accessing your user account to the e-mail contact you have provided. You agree to maintain the confidentiality of the access data and not to allow third parties to use it. As a Buyer, you undertake to keep the information provided in your user account up-to-date and true. In the event of a serious breach of your obligations under the purchase agreement or these T&Cs, we are entitled to disable or cancel your user account.

Price of Goods and Payment

PRICE OF GOODS – The price of each item of goods is shown on the web interface. As we as the Seller are subject to value added tax (VAT), the prices shown on the web interface are inclusive of VAT. The VAT rates are in compliance with the relevant legislation of the Czech Republic. If you are a VAT payer registered in another EU member state and you purchase our goods for business purposes, please contact us. Prices are valid for as long as they are displayed on the web interface. Shipping costs are specified in Article V of the T&Cs. The final calculated price shown in the order summary (i.e., before you click on the “Order” button) is already inclusive of shipping and packing costs.

The agreed purchase price is the price stated for the goods at the time of placing your order (stated in the order form sent). If there is an obvious error in the price on the web interface (this means, in particular, a typo or mistakenly stated prices) or a similar error in the process of concluding the purchase agreement, we are not obliged to deliver the goods to you at such obviously erroneous price, even if there was an automatic confirmation of acceptance of the order. In the event that you have already paid the obviously erroneous price, we shall be entitled to withdraw from the purchase agreement. If there is a change in the purchase price between the dispatch of your order and our confirmation of it, the purchase price valid at the time of dispatch of the order shall apply, unless otherwise expressly agreed between us.

Unless otherwise expressly agreed between us, we are only obliged to deliver the goods to you after full payment of the agreed purchase price. The goods remain our property until the purchase price has been paid in full.

METHOD OF PAYMENT – The purchase price can be paid in the following ways:

Non-cash bank transfer to our bank accounts. You will receive payment instructions in the e-mail confirming your order. If you are paying in EUR, please direct payment to our EUR account; if you are paying in CZK, please direct payment to our CZK account. When paying, please remember to indicate the appropriate variable symbol so that the payment can be quickly paired and the goods dispatched as soon as possible.

Non-cash online payment by a payment card via the payment portal. Such payment is processed through the payment gateway of ČSOB, which provides secure technology for accepting payment cards. Debit/credit card numbers are not shared with us by that company and we do not have access to them.

The purchase price is payable in CZK or EUR to accounts in the respective currencies.

DUE DATE OF THE PURCHASE PRICE

In case of a bank transfer, the purchase price is payable within 7 days of the confirmation of acceptance of your order. The purchase price is deemed to be paid when the relevant amount is credited to our bank account. In case of a non-cash online payment by payment card, the purchase price is payable immediately after the order is placed. If the payment for the ordered goods is not made within the due date, we send an information e-mail to this effect with a warning that the order will be cancelled if payment is not made even within an additionally provided term.

We will send you an invoice / tax document with all the essential elements to your e-mail address upon payment of the purchase price. The invoice also serves as a delivery document and proof of warranty.

Terms of Delivery

METHOD OF DELIVERY – We deliver the goods by carrier to the delivery address you specify. You select the method of delivery (and therefore the carrier) when ordering from the options listed on the web interface. Our obligation to deliver the goods is fulfilled by handing over the goods to the carrier you selected when placing your order. If you refuse to accept the goods without good reason, our obligation to deliver the goods shall not be deemed to have been breached and such refusal shall not be deemed to be a withdrawal from the agreement on your part.

DELIVERY PERIOD – The length of the delivery period depends on the chosen method of transport, the chosen method of payment and the availability of the selected goods. We will prepare stock items for dispatch (i.e., hand them over to the carrier) within 7–10 days of the purchase price being credited to our account, although we aim to dispatch within 3–4 working days.

SHIPPING COSTS – The amount of the shipping costs depends on your chosen method of delivery and location and is indicated on the web interface.

PACKING COSTS – Packing costs are already included in the purchase price.

If it is necessary, for reasons on your part, to deliver the goods repeatedly or by a method other than that ordered, you shall pay us the costs of the repeated delivery or delivery by another method, unless otherwise expressly agreed between us.

Upon delivery of the goods, please always check the integrity of the packaging. If you find any shortcomings, please claim them immediately from the carrier and contact us (details in the section on how to make a claim below). Rejection of a shipment with damaged packaging is not considered an unreasonable refusal to accept the goods. On the contrary, if you acknowledge takeover of the goods by signing the carrier’s delivery note or parcel list or similar transport document, the goods are deemed to have been delivered in intact packaging and it is no longer possible to make a claim due to damaged packaging.

Withdrawal from the Purchase Agreement

The consumer has the right to withdraw from the purchase agreement within 14 days from the date of takeover of the goods. If the subject of the purchase agreement is several types of goods or the delivery of several parts, the 14-day period starts from the date of takeover of the last delivery of goods. Within this 14-day period, the withdrawal from the purchase agreement must be sent by e-mail to info@odinhockey.com or sent by post to our address specified in Article II, paragraph 1 of the T&Cs, or delivered to this address in person by you or another person. You do not have to give any reasons for your withdrawal.

However, even as a consumer, you cannot withdraw from the agreement in cases where the subject of the agreement is the performance referred to in Section 1837 of the Civil Code.

If you withdraw from the agreement as a consumer, you must hand over or send back to us the goods you have received from us under this agreement within 14 days of withdrawal. When sending the goods, please use registered mail for sending the goods, not cash on delivery. You bear the cost of returning the goods. Please send the goods undamaged and not worn out, including all parts and accessories and any gifts you received from us with the goods, and, if possible, in the original packaging. We recommend that you have the goods insured.

Please attach a copy of the proof of payment, invoice or delivery note or other document or evidence to prove that the goods were purchased from us within the 14 days prior to withdrawal. This will speed up the matter considerably. However, failure to submit these documents does not in itself prevent the processing of your withdrawal. If you have not already sent these details in a separate withdrawal notice, please also include a statement of your choice of refund method if you do not wish to return the money in the same way in which you have paid us.

We will refund the money we have received from you as payment for the goods, including the shipping costs and any other costs paid in connection with the delivery of the goods, no later than 14 days after your withdrawal from the agreement under paragraph 1. However, if you did not choose the cheapest method of delivery when you ordered the goods, in accordance with the law we will refund you the amount corresponding to the cheapest delivery offered. However, we are not obliged to give you a refund until you have handed the goods back to us or you can prove that you have sent the goods back to us. We will refund your money in the same way that you paid us (e.g., by bank transfer), unless you agree to another method of payment that does not involve additional costs to you.

Please note that if the goods are returned to us damaged, worn out or partially consumed, we are entitled to compensation for the damage caused and we have the right to unilaterally offset this claim against your claim for a refund of the purchase price, in which case we would only refund you the difference between the purchase price (including shipping costs) and the amount corresponding to the damage caused.

We reserve the right to withdraw from the agreement if, for reasons not attributable to us, the goods can no longer be delivered (they have ceased to be manufactured, can no longer be delivered or can no longer be obtained from the supplier within the normal delivery period – see Article III, paragraph 3 of the T&Cs). Withdrawal in such a case shall take effect from the moment we deliver it to your e-mail contact or delivery address. If we have received payment from you prior to our withdrawal, we will return it to you within one week of withdrawal, unless otherwise expressly agreed between us.

The Buyer is also entitled to withdraw from the agreement in cases provided for by the law, the purchase agreement and these T&Cs for reasons specified in the law, the agreement or the T&Cs.

If you are given a gift together with the goods, the donation contract between us is concluded with the condition that if you withdraw from the agreement without giving any reason, the donation contract shall cease to have effect and you shall return the gift to us within 14 days of your withdrawal.

VII. Guarantee, Rights Arising from Defective Performance, Complaints Procedure

Rights arising from defective performance are governed by the current legislation, in particular Sections 1914 through 1925, Sections 2099 through 2112 and Sections 2165 through 2174 of the Civil Code.

The rights under the guarantee are governed in particular by Sections 2113 through 2117 and Sections 2161 through 2164 of the Civil Code.

As the Seller, we are liable to the Buyer for a defect-free condition of the goods upon takeover. If you are a consumer, then if a defect becomes apparent within 6 months from takeover, the goods are presumed to have already been defective upon takeover. We are also liable to the consumer for defects not to appear within the guarantee period, which is 24 months from takeover of the goods, unless otherwise stated on the goods. If the goods are subject to rapid decay, the period of time for which the goods may be used (during which time a guarantee of quality is provided) is specified on the goods instead of the guarantee period.

You shall not have the right arising from a defective performance if, before the takeover of the goods, you were aware that the goods had a defect, or if such defect was caused by you yourself. Guarantee and liability claims do not apply to the wear and tear of the goods caused by their normal use, defects caused by improper use of the goods, failure to follow instructions, improper maintenance or improper storage and preservation. With goods sold for a lower price, we are not liable for the defect for which the lower price was granted.

Please file a claim with us without undue delay after discovering the defects. You can inform us in advance by e-mail to the contacts listed in Article II of the T&Cs. Please deliver the goods complained of in person, by post or by similar means to our address listed in Article II of the T&Cs. We would appreciate it if you also enclose an invoice or other proof of purchase, a description of the defect complained of, and a proposal for resolving the complaint. We will deal with the complaint without undue delay, at the latest within 30 days, unless we expressly agree otherwise. We will provide you with written confirmation of the claim and its settlement.

If the goods are delivered by a carrier on the basis of your order, we ask you to check the shipment in the presence of the carrier and, if damage to the shipment is found, to file a claim directly with the carrier. The carrier will then draw up a report with the addressee on the defect found and the shipment will be delivered back to the sender. The Buyer is entitled to refuse to accept a shipment that is not in conformity with the purchase agreement, e.g., because the shipment is incomplete or damaged. If the Buyer accepts such damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover report. The incomplete or damaged shipment must be immediately notified by e-mail at info@odinhockey.com, a damage report must be drawn up with the carrier and sent to the Seller by e-mail or post without undue delay. The additional complaint of incompleteness or external damage to the shipment gives the Seller the opportunity to prove that there is no breach of the purchase agreement.

VIII. Processing Complaints, Resolving Consumer Disputes

If you have any complaint regarding the concluded purchase agreement, its performance or our activities, please contact us at the address specified in Article II of the T&Cs: info@odinhockey.com

We operate on the basis of a trade license; the control authority is the competent trade licensing authority; the supervision over compliance with consumer protection regulations is carried out by the Czech Trade Inspection Authority. Compliance with data protection regulations is supervised by the Office for Personal Data Protection. You can also contact these authorities with your complaints.

If a consumer dispute arises between us as the Seller and the consumer, the consumer has the right to an out-of-court settlement. Pursuant to Act No. 634/1992 Coll., on Consumer Protection, the Czech Trade Inspection Authority is the subject of the out-of-court settlement. All details on out-of-court settlement are available on the website of the Czech Trade Inspection Authority at www.coi.cz. Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

Final Provisions

The purchase agreement is concluded for a definite period of time until the Seller and the Buyer fulfill their obligations under the agreement.

The protection of personal data is dealt with in a separate document.

Please note that we are entitled to unilaterally change these T&Cs; however, the wording of the Terms and Conditions effective at the time of placing the order shall always apply to the Buyer.

These T&Cs are effective from 1 January 2021.