Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

• Bc. Stanislav Lukášek
• Company ID (IČ): 03187641
• VAT ID (DIČ): CZ8305023463
• Registered office: Týnišťská 109, 503 46 Třebechovice pod Orebem
• Registered in the Trade Register maintained by the Municipal Authority of Hradec Králové, file reference SZ MMHK/127341/2014
• Contact information:
• Email: info@activefishing.cz
• Phone: +420 734 459 948
• Website: activefishing.cz

(hereinafter referred to as 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 of their business activity as a consumer or within the scope of their business activity (hereinafter referred to as the “Buyer”) via the web interface located on the website available at www.activefishing.cz (hereinafter referred to as the “Online Store”).

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Any deviating provisions 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 About Goods and Prices

1. Information about goods, including the prices of individual items and their main characteristics, is provided for each product in the Online Store catalog. Product prices are listed including value-added tax, all related fees, and return costs if the goods, due to their nature, cannot be returned by regular postal service. The prices remain valid as long as they are displayed in the Online Store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentations of goods in the Online Store catalog are for informational purposes only, and the Seller is not obliged to conclude a purchase contract for these goods.

3. The Online Store provides information about the costs associated with packaging and delivery. These costs apply only when goods are delivered within the territory of the Czech Republic.

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

III. Order and Conclusion of the Purchase Contract

1. The Buyer shall bear all costs incurred when using remote communication means in connection with concluding the purchase contract (internet connection costs, telephone charges). These costs do not differ from the basic rate.

2. The Buyer places an order in the following ways:

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

3. When placing an order, the Buyer selects the goods, the quantity, the payment method, and the delivery method.

4. Before submitting the order, the Buyer can review and change the entered information. The order is submitted by clicking the “Submit Order” button. The information provided in the order is deemed correct by the Seller. A valid order requires completing all mandatory fields and confirming that the Buyer has read and agrees to the Terms and Conditions.

5. Upon receiving the order, the Seller immediately sends a confirmation to the Buyer’s email address. This confirmation is automatic and does not constitute the conclusion of a contract. The confirmation includes the current Terms and Conditions. The purchase contract is concluded only after the Seller accepts the order, and this acceptance is sent to the Buyer’s email address. / The confirmation is considered the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions. The purchase contract is concluded upon the Seller’s confirmation sent to the Buyer’s email address.

6. If the Seller cannot fulfill any part of the order, they will send a modified offer to the Buyer’s email. This modified offer is considered a new proposal for a purchase contract and is concluded upon the Buyer’s acceptance sent to the Seller’s email.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Seller sends the order acceptance. The order can be canceled by phone or email using the contact details stated in these Terms and Conditions.

8. If there is an obvious technical error in the Online Store regarding the price or during the ordering process, the Seller is not obliged to deliver the goods for the incorrect price, even if the Buyer has received an automatic confirmation. The Seller will inform the Buyer of the error without undue delay and send a new offer. The new offer is considered a new proposal for a purchase contract, which is concluded upon the Buyer’s acceptance sent to the Seller’s email.

IV. Customer Account

1. Based on the Buyer’s registration in the Online Store, the Buyer can access their customer account. From the customer account, the Buyer can place orders. Goods can also be ordered without registration.

2. When registering a customer account and placing an order, the Buyer must provide correct and truthful information. The Buyer is required to update the data in the user account if any changes occur. The data provided by the Buyer is considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is required to maintain confidentiality regarding access information. The Seller is not liable for any misuse of the customer account by third parties.

4. The Buyer is not allowed to enable third parties to use the customer account.

5. The Seller may cancel a user account, especially if the Buyer does not use their account for an extended period or breaches the purchase contract or these Terms and Conditions.

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

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the purchase price and any associated delivery costs under the purchase contract using the following methods:

• by bank transfer to the Seller’s account no. 2601928321/2010 held at Fio banka, a.s.,
• by cashless payment by card,
• cash on delivery at the time of receiving the goods,
• in cash upon personal pickup at the Seller’s premises,
• in cash or by card upon pickup at a pickup point operated by Zásilkovna or Česká pošta.

2. Together with the purchase price, the Buyer is obligated to pay the Seller the costs related to packaging and delivery as agreed. Unless explicitly stated otherwise, the purchase price includes delivery costs.

3. For cash payments, the purchase price is due upon receipt of goods. For cashless payments, the purchase price is due within 14 days from the conclusion of the purchase contract.

4. If paying via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

5. For cashless payments, the Buyer’s obligation to pay is fulfilled when the relevant amount is credited to the Seller’s bank account.

6. The Seller does not require any advance payment or similar payment from the Buyer in advance. Payment before dispatch of goods is not considered an advance.

7. Goods are delivered to the Buyer:

• to the address specified in the order,
• via a pickup point to the address selected by the Buyer,
• by personal pickup at the Seller’s premises.

8. The delivery method is chosen during the ordering process.

9. Delivery costs are specified in the Buyer’s order and in the Seller’s order confirmation. If the delivery method is arranged based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this method.

10. If the Seller is required to deliver the goods to a place specified by the Buyer in the order, the Buyer must accept the goods upon delivery. If the Buyer’s actions result in repeated delivery or a different delivery method, the Buyer shall bear the associated costs.

11. Upon receipt of the goods from the carrier, the Buyer must check the integrity of the packaging and report any damage to the carrier immediately. If the packaging is visibly damaged, indicating unauthorized interference, the Buyer is not obliged to accept the shipment.

12. The Seller issues the Buyer a tax document – invoice. The invoice is sent to the Buyer’s email address / enclosed with the delivered goods.

13. Ownership of the goods transfers to the Buyer upon full payment of the purchase price, including delivery costs, but not before the goods are received. The risk of accidental destruction, damage, or loss passes to the Buyer upon receipt or when the Buyer was obliged to take possession but failed to do so in breach of the contract.

VI. Withdrawal from the Contract

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

2. The period for withdrawal is 14 days:

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or deliveries in parts,
• from the date of receipt of the first delivery of goods, if the contract concerns regular repeated deliveries.

3. The Buyer cannot withdraw from the contract in particular cases such as:

• the provision of services that were performed with the Buyer’s explicit consent before the withdrawal period expired,
• the supply of goods or services whose price depends on financial market fluctuations beyond the Seller’s control,
• the supply of goods customized for the Buyer or tailored to their needs,
• the supply of perishable goods or goods that were irreversibly mixed with others after delivery,
• other cases listed in Section 1837 of the Civil Code.

4. To meet the withdrawal deadline, the Buyer must send a declaration of withdrawal within the 14-day period.

5. The Buyer may use the sample withdrawal form provided by the Seller. The withdrawal must be sent to the Seller’s email or postal address as stated in these Terms and Conditions. The Seller will confirm receipt of the form without delay.

6. The Buyer who withdraws from the contract must return the goods to the Seller within 14 days. The Buyer bears the costs of returning the goods, even if the goods cannot be returned by ordinary postal means due to their nature.

7. Upon withdrawal, the Seller will return all payments received from the Buyer, including delivery costs, within 14 days, using the same method of payment unless agreed otherwise without incurring extra costs.

8. If the Buyer chose a more expensive delivery method than the cheapest one offered, the Seller will refund only the amount corresponding to the cheapest delivery method.

9. The Seller may withhold the refund until the goods are returned or until the Buyer proves they have sent them back.

10. The Buyer must return the goods undamaged, unused, and clean, preferably in the original packaging. The Seller is entitled to set off any damage against the refunded amount.

11. The Seller may withdraw from the contract if the goods are out of stock, unavailable, or the supplier ceases production or delivery. The Seller will inform the Buyer and refund all payments within 14 days.

VII. Rights from Defective Performance

1. The Seller is responsible for ensuring that the goods are free of defects upon receipt. In particular, the Seller warrants that at the time of receipt:

• the goods have the properties agreed upon, or, in the absence of agreement, those expected with regard to the nature of the goods and related advertising,
• the goods are fit for the intended purpose or customary use,
• the goods match the quality or design of the agreed sample or model,
• the goods are in the correct quantity, measure, or weight and comply with legal requirements.

2. The Seller is liable at least to the extent that the manufacturer is liable. The Buyer may claim defects that appear within 24 months of receipt.

3. If a usage period is specified on the goods, packaging, instructions, or in advertising, warranty provisions apply. The Seller warrants that the goods will be fit for use or retain usual properties for the stated period. The complaint period and warranty are paused during any justified claim when the goods cannot be used.

4. The previous paragraph does not apply to goods sold at a lower price due to a known defect, wear and tear from normal use, or used goods with defects consistent with the extent of use. The Buyer cannot claim defects if they were aware of them or caused them.

5. If a defect occurs, the Buyer may make a complaint and request:

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

6. The Buyer may withdraw from the contract if:

• the goods have a substantial defect,
• they cannot use the goods properly due to recurring defects or multiple repairs,
• the goods have multiple defects.

7. A substantial defect is one that the breaching party knew or should have known would prevent the other party from entering into the contract.

8. In case of an insignificant defect, the Buyer may request repair or a reasonable discount.

9. If a removable defect occurs repeatedly or if multiple defects are found, the Buyer may request a discount, replacement, or contract termination.

10. The Buyer must state their chosen remedy when making a complaint. They may change the remedy only with the Seller’s consent unless the original remedy is unfeasible. If the Buyer does not choose in time, they have the same rights as in case of an insignificant defect.

11. If repair or replacement is not possible, the Buyer may request a full refund upon contract withdrawal.

12. If the Seller proves that the Buyer knew about or caused the defect, the claim is not valid.

13. Discounted goods cannot be claimed for the defect that justified the discount.

14. The Seller must accept claims at any business premises or at their registered office. A written confirmation must be issued to the Buyer, stating when and how the complaint was resolved.

15. The Seller or authorized staff will decide on the complaint immediately or within three business days for complex cases. The complaint, including defect removal, must be resolved within 30 days unless a longer period is agreed. Failure to meet this deadline constitutes a substantial breach, entitling the Buyer to withdraw from the contract.

16. The Seller will notify the Buyer in writing about the result of the complaint.

17. The Buyer has no rights from defective performance if they knew about the defect or caused it.

18. In the case of a valid complaint, the Buyer is entitled to reimbursement of reasonable costs incurred in connection with the claim. This right must be exercised within one month after the warranty period expires.

19. The Buyer has the right to choose the complaint handling method.

20. The rights and obligations related to defective performance follow Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

21. Further rights and obligations regarding liability for defects are governed by the Seller’s Complaints Procedure.

VIII. Delivery

1. The contractual parties may send all written correspondence to each other via email.

2. The Buyer sends correspondence to the Seller's email address specified in these Terms and Conditions. The Seller sends correspondence to the Buyer’s email address provided in the customer account or in the order.

IX. Personal Data

1. All information you provide during our cooperation is confidential, and we will treat it as such. Unless you give us written permission, we will not use your personal data for any purpose other than the fulfillment of the contract—except for your email address, which may be used to send commercial communications, as permitted by law, unless you refuse. Such communications will only relate to similar or related goods and can be unsubscribed at any time in a simple manner (by sending a letter, email, or clicking a link in the email). The email address will be stored for this purpose for 3 years from the last contract between the parties.

2. For more detailed information about the protection of personal data, please refer to our Privacy Policy HERE.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr may also be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 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.

3. The Seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant Trade Licensing Office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within its defined scope.

XI. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the contractual relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect consumer 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, especially copyrights to its content (including page layout, photos, films, graphics, trademarks, logos, and other content and elements), belong to the Seller. It is prohibited 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 any errors resulting from third-party interference in the Online Store or its use contrary to its intended purpose. The Buyer must not use procedures that could negatively impact the operation of the Online Store and must not perform any activity that would allow unauthorized access or use of the software or other components of the Online Store.

5. The Buyer hereby assumes the risk of a change in circumstances as defined in 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 these Terms and Conditions. This does not affect rights and obligations that arose during the validity of the previous version of the Terms and Conditions.

8. A sample withdrawal form is attached to these Terms and Conditions.

These Terms and Conditions come into effect on 1 September 2022.

Appendix No. 1 – Complaint Form

Recipient: Stanislav Lukášek – Activefishing.cz, Týnišťská 109, 50346 Třebechovice pod Orebem

Complaint Submission

Date of Contract Conclusion:
Name and Surname:
Address:
Email Address:
Goods Claimed:
Description of Defects:
Proposed Resolution or Bank Account Number for Refund:

I hereby request confirmation of receipt of this complaint, including the date I exercised this right, the content of the complaint, my requested resolution, and the date and method of settlement.

Date:

Signature:

Appendix No. 2 – Withdrawal Form

Recipient: Stanislav Lukášek – Activefishing.cz, Týnišťská 109, 50346 Třebechovice pod Orebem

I hereby declare that I withdraw from the Contract:

Date of Contract Conclusion:
Name and Surname:
Address:
Email Address:
Description of Goods Covered by the Contract:
Preferred Refund Method or Bank Account Number:

If the Buyer is a consumer and has ordered goods via the Activefishing.cz e-shop or by another remote means, they have the right to withdraw from the already concluded contract within 14 days of receiving the goods, without giving any reason and without penalty—unless the exceptions under Section 1837 of the Civil Code apply. The withdrawal must be delivered in writing to the Seller’s address or by email as listed in this sample form.

If the Buyer, as a consumer, withdraws from the contract, they must return the goods to the Seller without undue delay, no later than 14 days from the withdrawal.

The Seller will refund all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days after the withdrawal. The refund will be made using the same method of payment unless agreed otherwise. If the Buyer selected a more expensive delivery method than the least expensive one offered, the Seller will refund only the cost of the cheapest option. The Seller is not obliged to refund before receiving the returned goods or proof that the goods were sent back.

Date:

Signature:

If you are self-employed (OSVČ), please include your full name, business address, and company ID. Always provide your email and phone number in accordance with legal requirements.