Terms and Conditions

I. General Terms and Conditions

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

Bad Badger s.r.o. registered office: Hnězdenská 735/6, 181 00, Prague 8 - Troja Company ID: 043 85 811 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 246546 (hereinafter the "seller")

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter: the "buyer"), through the web interface located on the website available at www.marsarms.com (hereinafter the "online store").
The provisions of the terms and conditions form an integral part of the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase agreement are concluded in the Czech language.

II. Information about Goods and Prices

Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store's catalog. Prices of goods are stated including value added tax, all related fees, and the costs of returning goods, if such goods by their nature cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase agreement under individually agreed conditions.
All presentation of goods placed in the catalog of the online store is of an informative nature, and the seller is not obliged to enter into a purchase agreement regarding such goods.
Due to manufacturing technology and the display method, the depiction on the website may not exactly correspond to the actual condition (e.g., color shades on T-shirts may differ from what is shown on the monitor); this is not grounds for a complaint, but the customer may withdraw from the contract within the 14-day period (see below).
The online store publishes information about the costs associated with packaging and delivery of goods. The information on packaging and delivery costs stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic or to Slovakia.
Any discounts on the purchase price of goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

III. Order and Conclusion of the Purchase Agreement

Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the standard rate.
The buyer places an order for goods in the following ways:

through their customer account, if they have previously registered in the online store,
by filling out an order form without registration.

When placing an order, the buyer selects the goods, the quantity of goods, the method of payment, and delivery.
Before sending the order, the buyer is allowed to check and change the data they entered into the order. The buyer sends the order to the seller by clicking the "Order" button. The data stated in the order is considered correct by the seller. The validity of the order is conditional upon filling in all required data in the order form and the buyer's confirmation that they have read these terms and conditions.
Immediately upon receipt of the order, the seller sends the buyer confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is automatic and is not considered conclusion of the contract. The purchase agreement is concluded only after the order is accepted by the seller. Notice of acceptance of the order is delivered to the buyer's email address.
If the seller is unable to fulfill any of the requirements stated in the order, they will send the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon the buyer's confirmation of acceptance of this offer sent to the seller's email address stated in these terms and conditions.
All orders accepted by the seller are binding. The buyer may cancel the order until the buyer is notified of the seller's acceptance of the order. The buyer may cancel the order by telephone at the phone number or email of the seller stated in these terms and conditions.
If there was an obvious technical error on the part of the seller in stating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer received an automatic confirmation of receipt of the order pursuant to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon the buyer's confirmation of acceptance sent to the seller's email address.

IV. Customer Account

Based on the buyer's registration carried out in the online store, the buyer may access their customer account. From their customer account, the buyer may place orders for goods. The buyer may also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever it changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller bears no responsibility for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The seller may cancel the user account, in particular if the buyer no longer uses their user account, or if the buyer breaches their obligations under the purchase agreement and these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, particularly with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.

V. Payment Terms and Delivery of Goods

The buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase agreement in the following ways:

by cashless transfer to the bank account specified in the order confirmation,
by cash on delivery upon receipt of the goods,
via the PayPal payment gateway,
via the payment gateway of ComGate Payments, a.s. (https://www.comgate.cz/cz/platebni-brana) – any complaints or questions regarding payments: ComGate Payments, a.s., Gočárova třída 1754/48b, Hradec Králové, Email: platby-podpora@comgate.cz, Tel: +420 228 224 267

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is hereinafter understood to also include the costs associated with delivery of the goods.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of conclusion of the purchase agreement.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are dispatched is not an advance payment.
Pursuant to the Sales Records Act, the seller is obliged to issue the buyer a receipt. At the same time, the seller is obliged to register the received sales with the tax administrator online, and in the event of a technical failure, no later than within 48 hours.
The goods are delivered to the buyer:

to the address specified by the buyer in the order,
through a parcel pick-up point, to the address of the pick-up point specified by the buyer.

The choice of delivery method is made during the ordering of goods.
The costs of delivery of goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the purchase agreement to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take delivery of 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 repeated delivery of the goods, or the costs associated with another method of delivery.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to immediately notify the carrier of any defects. If a breach of the packaging indicating unauthorized entry into the shipment is found, the buyer need not accept the shipment from the carrier.
The seller will issue the buyer a tax document – an invoice. The tax document is enclosed with the delivered goods.
The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but not earlier than upon receipt of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods, or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase agreement.

VI. Withdrawal from the Contract

A buyer who has concluded a purchase agreement outside the scope of their business activity as a consumer has the right to withdraw from the purchase agreement.
The period for withdrawal from the contract is 14 days

from the date the order was created or the goods were received,
from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
from the date of receipt of the first delivery of goods, if the subject of the contract is a regular, recurring delivery of goods.

Among other things, the buyer cannot withdraw from the purchase agreement in the case of:

the provision of services, if they have been fully performed with the buyer's prior express consent before the expiry of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case they have no right of withdrawal,
the delivery 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,
the delivery of alcoholic beverages, which may be delivered only after thirty days have elapsed and whose price depends on fluctuations in the financial market independent of the seller's will,
the delivery of goods that have been modified according to the buyer's wishes or for their person,
the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
the delivery of goods in sealed packaging that the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
the delivery of an audio or video recording or computer program, if the buyer has damaged its original packaging,
the delivery of newspapers, periodicals, or magazines,
the delivery of digital content that 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 concluding the contract that in such a case they have no right of withdrawal,
other cases listed in § 1837 of the Civil Code.

In order to comply with the withdrawal period, the buyer must send the withdrawal notice within the withdrawal period.
To withdraw from the purchase agreement, the buyer may use the button in the order details, or the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase agreement to the email or delivery address of the seller stated in these terms and conditions. The seller will confirm receipt of the form to the buyer without undue delay.
A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
If the buyer withdraws from the contract, the seller will refund to the buyer without undue delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, that the seller received from the buyer, in the same manner. The seller will refund the received funds to the buyer in a different manner only if the buyer agrees to this and if no additional costs are incurred by the buyer as a result.
If the buyer chose a delivery method other than the cheapest method offered by the seller, the seller will refund the buyer the delivery costs in the amount corresponding to the cheapest delivery method offered.
If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds to the buyer before the buyer hands over the goods to the seller or proves that they have sent the goods to the seller.
The buyer must return the goods to the seller undamaged, unworn, and uncontaminated, and if possible, in their original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase agreement due to sold-out stock, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller will promptly inform the buyer via the email address stated in the order and will, within 14 days of the notice of withdrawal from the purchase agreement, refund all funds, including delivery costs, that the seller received from the buyer under the contract, in the same manner, or in a manner specified by the buyer.

VII. Rights Arising from Defective Performance

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 received the goods:

the goods have the properties that the parties agreed upon, and, in the absence of an agreement, have such properties as the seller or manufacturer described, or that the buyer expected with regard to the nature of the goods and based on the advertising carried out by them,
the goods are fit for the purpose stated by the seller for their use, or for which goods of this type are usually used,
the goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship was determined according to an agreed sample or model,
the goods are present in the appropriate quantity, measure, or weight, and
the goods comply with the requirements of legal regulations.

If a defect manifests itself within six months of receipt of the goods by the buyer, it is presumed that the goods were already defective upon receipt. The buyer is entitled to exercise rights arising from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear 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 upon receipt by the buyer, or if this follows from the nature of the goods.
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.

The buyer has the right to withdraw from the contract,

if the goods have a material defect,
if they cannot properly use the item due to the recurrence of a defect or defects after repair,
in the case of a larger number of defects in the goods.

The seller is obliged to accept a complaint at any establishment where accepting complaints is possible, or at its registered office or place of business. The seller is obliged to provide the buyer with written confirmation of when the buyer exercised the right, what the content of the complaint is, and what method of resolving the complaint the buyer requests, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
The seller or an employee authorized by the seller will decide on the complaint immediately, and in complex cases within three working days. This period does not include the time reasonably needed, depending on the type of product or service, for professional assessment of the defect. The complaint, including the removal of the defect, must be resolved without undue delay, no later than within 30 days of the date the complaint was made, unless the seller and the buyer agree on a longer period. The fruitless expiry of this period is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase agreement. The moment the complaint is made is considered to be the moment when the buyer's expression of will (exercising the right arising from defective performance) reaches the seller.
The seller will inform the buyer in writing of the outcome of the complaint.
The buyer is not entitled to rights arising from defective performance if the buyer knew, before taking delivery of the item, that the item had a defect, or if the buyer caused the defect themselves.
In the case of a justified complaint, the buyer has the right to reimbursement of costs reasonably incurred in connection with making the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
The choice of the method of resolving the complaint rests with the buyer.
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller at the email address stated in these terms and conditions. The seller delivers correspondence to the buyer at the email address stated in their customer account or in the order.

IX. Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase agreement. 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 agreement.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority, within a defined scope, also carries out supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement 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.
The seller is not bound to the buyer by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.
All rights to the seller's website, in particular copyright to the content, including the layout of the page, photographs, films, graphics, trademarks, logo, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the seller's consent.
The seller bears no responsibility for errors arising as a result of interference by third parties in the online store or as a result of 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 allow them or third parties to unauthorizedly interfere with or unauthorizedly use the software or other components forming the online store, and must not use the online store or its parts or software in a manner that would be contrary to its designation or purpose.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
The terms and conditions are accompanied by a sample form for withdrawal from the contract.

These terms and conditions take effect on 24 May 2018.