Terms and conditions

TERMS AND CONDITIONS

Business Name: QuantumTrail s.r.o.

Registered Office: Korunní 2569/108, Vinohrady, 101 00 Praha 10

Identification Number: 221 94 509

VAT Number: CZ22194509

Legal Form: Limited Liability Company

File Number: C 411510 registered with the Municipal Court in Prague

Email: info@gearsupply.eu

for the sale of goods through the online store located at www.gearsupply.eu

1. INTRODUCTORY PROVISIONS
1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the company QuantumTrail s.r.o. , with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, Identification Number: 221 94 509, registered in the Commercial Register under File Number: C 411510 registered with the Municipal Court in Prague  (hereinafter referred to as the "seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at www.gearsupply.eu (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "store interface").
2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activities or within the scope of their independent profession when ordering goods.
3. Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions form an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement may be concluded in the Czech language.
5. The seller may modify or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.
2. USER ACCOUNT
1. Based on the buyer’s registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the store interface allows it, the buyer can also place orders for goods without registration directly from the store interface.
2. When registering on the website and when ordering goods, the buyer is required to provide correct and truthful information. The buyer must update the information in their user account whenever there is any change. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
3. Access to the user account is secured by a username and password. The buyer is required to maintain the confidentiality of the information necessary to access their user account.
4. The buyer is not entitled to allow third parties to use their user account.
5. The seller may cancel the user account, especially if the buyer has not used their user account for more than a year or if the buyer violates their obligations under the purchase agreement (including these terms and conditions).
6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software or necessary maintenance of hardware and software by third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
1. the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart in the store interface),
2. the method of payment for the purchase price of the goods, details of the required delivery method of the ordered goods, and
3. information on costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
1. All presentations of goods placed in the store interface are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding these goods. The provision of Section 1732(2) of the Civil Code does not apply.
2. The store interface contains information about the goods, including the prices of individual goods and the costs of returning goods if they cannot be returned by regular postal service due to their nature. The prices of goods are stated, including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the store interface. Prices are/are not adjusted for the buyer based on automated decision-making. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated conditions.
3. The store interface also contains information on the costs associated with packaging and delivering goods, as well as the method and time of delivery. The information on packaging and delivery costs listed in the store interface applies only when the goods are delivered within the Czech Republic. If the seller offers free shipping, the buyer's right to free shipping is subject to meeting the minimum total purchase price of the shipped goods as specified in the store interface. In cases where the buyer partially withdraws from the purchase agreement and the total purchase price of the remaining goods does not reach the minimum amount required for free shipping, the buyer's right to free shipping is forfeited, and the buyer must pay the delivery costs to the seller.
4. To order goods, the buyer fills out an order form in the store interface. The order form contains, in particular, information on:
5. Before submitting the order to the seller, the buyer is allowed to check and modify the entered information, including the ability to identify and correct errors made when entering data into the order form. The buyer submits the order to the seller by clicking the Order with payment obligation button. The details provided in the order are considered correct by the seller. The seller will confirm receipt of the order to the buyer without undue delay via email, sent to the buyer's email address specified in their user account or in the order (hereinafter referred to as the "buyer’s email address").
6. The seller is always entitled to request additional confirmation of the order from the buyer, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), for example, in writing or by telephone.
7. The contractual relationship between the seller and the buyer is established upon the delivery of the order acceptance, which is sent by the seller to the buyer via email, to the buyer’s email address. 
8. The buyer agrees to the use of remote communication means for concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the basic rates.
4. PRICE OF GOODS AND PAYMENT TERMS
1. The price of goods and any costs associated with the delivery of goods under the purchase agreement may be paid by the buyer to the seller using the following methods:

 in cash on delivery at the location specified by the buyer in the order;

 cashless bank transfer to the seller’s account no. 2302034483 / 2010, held at Fio Bank, a.s., Na Florenci 2139/2, 11000 Prague (hereinafter referred to as the "seller’s account");

 cashless payment via a payment system;

 cashless payment by credit/debit card;

 in cash or by credit/debit card at a pickup location;

 through financing provided by a third party.

If the buyer chooses post-delivery payment (invoice payment), they are required to pay the amount stated on the invoice within the due date, which is standardly 14 days from the invoice issue date unless otherwise agreed. If this deadline is not met, the seller is entitled to charge default interest at the rate set under Section 1970 of the Civil Code (Act No. 89/2012 Coll.), as well as a contractual penalty of 10% of the outstanding amount.

The buyer is also required to cover all costs related to the collection of the outstanding amount, including legal fees and collection service charges, in accordance with Section 513 of the Civil Code. The seller reserves the right to suspend further deliveries of goods or services until the outstanding amount, including interest and contractual penalties, is fully paid.

1. Along with the purchase price, the buyer is also required to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
2. The seller does not require an advance payment or any similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
3. In the case of cash payment, cash on delivery, or collection at a pickup location, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase agreement.
4. In the case of cashless payment, the buyer must pay the purchase price of the goods together with the payment reference number. 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 account.
5. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to require full payment of the purchase price before dispatching the goods to the buyer. The provision of Section 2119(1) of the Civil Code does not apply.
6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
7. If customary in business practice or required by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made under the purchase agreement. The seller is not a value-added tax (VAT) payer. The tax document – invoice will be issued by the seller after the purchase price has been paid and will be sent in electronic form to the buyer’s email address.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. goods manufactured according to the buyer’s specifications or adapted to their personal needs,
2. goods that are perishable or have a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature,
3. sealed goods that, for health or hygiene reasons, are not suitable for return after the buyer has broken the seal, and
4. sound or video recordings or computer programs in a sealed package, if the buyer has broken the seal.
1. the last piece of goods if the buyer orders multiple items in one order that are delivered separately,
2. the last item or part of a delivery consisting of multiple items or parts, or
3. the first delivery of goods if the contract stipulates regular deliveries over an agreed period.
1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, they cannot withdraw from the purchase agreement for the supply of:
2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829(1) and (2) of the Civil Code, within fourteen (14) days from the day the buyer or a third party designated by them, other than the carrier, takes possession of the goods, or:
3. The withdrawal from the purchase agreement must be sent to the seller within the period specified in Article 5.2 of the terms and conditions. The buyer may use the sample withdrawal form provided by the seller. The withdrawal from the purchase agreement may be sent, among other means, to the seller’s business address or the seller’s email address.
4. In case of withdrawal from the purchase agreement, the purchase agreement is nullified from the outset. The buyer must return or hand over the goods to the seller without undue delay, no later than fourteen (14) days from the withdrawal, unless the seller has offered to collect the goods themselves. The deadline is met if the buyer dispatches the goods before the period expires. If the buyer withdraws from the purchase agreement, they bear the costs of returning the goods to the seller, even in cases where the goods cannot be returned by standard postal methods due to their nature.
5. If the buyer withdraws from the purchase agreement under Article 5.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the withdrawal, using the same method as received. The seller is also entitled to return the payment at the time of returning the goods by the buyer or in another manner agreed with the buyer, provided that no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds before receiving the returned goods or before the buyer proves that they have sent the goods back, whichever occurs first.
6. The seller is entitled to offset any claims for damage caused to the goods against the buyer's claim for a refund of the purchase price.
7. In cases where the buyer is entitled to withdraw from the purchase agreement under Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time before the buyer takes possession of the goods. In such a case, the seller will refund the purchase price to the buyer without undue delay, via a bank transfer to the account specified by the buyer.
8. If the buyer receives a gift along with the goods, the gift agreement between the seller and the buyer is concluded with a revocable condition that, in the event of withdrawal from the purchase agreement by the buyer, the gift agreement regarding the provided gift loses its effectiveness, and the buyer is obliged to return the gift along with the goods.
5. TRANSPORT AND DELIVERY OF GOODS
1. If the mode of transport is arranged based on a specific request by the buyer, the buyer bears the risk and any additional costs associated with that mode of transport.
2. If the seller is required under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer must take delivery of the goods. 
3. If, due to reasons on the buyer's side, repeated delivery or a different delivery method than stated in the order is required, the buyer must cover the costs associated with repeated delivery or an alternative delivery method.
4. Upon receiving the goods from the carrier, the buyer must check the integrity of the packaging and immediately report any defects to the carrier. If the packaging is found to be damaged, indicating unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier. This does not affect the buyer’s rights related to liability for defects in the goods and other rights under applicable laws.
5. Additional rights and obligations regarding the transportation of goods may be specified in the seller's special delivery terms if issued.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. complies with the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
2. is suitable for the purpose for which the buyer requires it, as agreed with the seller.
3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
7. The item is suitable for the purpose for which items of this kind are usually used, considering the rights of third parties, legal regulations, technical standards, or industry codes of conduct if no technical standards exist,
8. The item meets the quantity, quality, and other properties, including durability, functionality, compatibility, and safety, that are typical of goods of the same kind and that the buyer can reasonably expect, considering public statements made by the seller or another party in the same contractual chain, particularly in advertising or labeling, unless the seller proves that they were unaware of such statements, that they were modified at the time of the purchase agreement in a comparable manner, or that they could not have influenced the purchasing decision,
9. The item is delivered with accessories, including packaging, assembly instructions, and other usage guidelines that the buyer can reasonably expect, and
10. The item corresponds in quality and design to the sample or model provided by the seller before concluding the purchase agreement.
1. For a period of two years, if digital content or a digital content service is to be provided continuously for a specified period under the purchase agreement, and if provision for more than two years is agreed, for the entire duration,
2. For the period that the buyer can reasonably expect, if digital content or a digital content service is to be provided as a one-time transaction under the purchase agreement; this is assessed based on the type and purpose of the item, the nature of the digital content or digital content service, and considering the circumstances at the time of the purchase agreement and the nature of the obligation.
1. The seller has refused to remedy the defect or has not remedied it in accordance with Article 7.13 of the terms and conditions,
2. The defect appears repeatedly,
3. The defect constitutes a substantial breach of the purchase agreement, or
4. It is evident from the seller's statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
1. The rights and obligations of the contractual parties regarding defective performance are governed by the applicable generally binding legal regulations (in particular, Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. If the subject of the purchase is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not function without them (hereinafter referred to as a "product with digital properties"), the provisions regarding the seller’s liability for defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is clear from the content of the purchase agreement and the nature of the item that they are provided separately.
3. The seller is liable to the buyer for ensuring that the item is free from defects upon receipt. In particular, the seller guarantees that the item:
4. The seller is responsible to the buyer that, in addition to the agreed properties:
5. The provisions of Article 7.4 of the terms and conditions do not apply if the seller has specifically notified the buyer before concluding the purchase agreement that a particular property of the item differs, and the buyer explicitly agreed to this when concluding the purchase agreement.
6. The seller is also responsible to the buyer for defects caused by incorrect assembly or installation, which was carried out by the seller or under the seller’s responsibility according to the purchase agreement. This also applies if the assembly or installation was carried out by the buyer and the defect occurred due to a deficiency in the instructions provided by the seller or the provider of the digital content or digital content service in the case of a product with digital properties.
7. If a defect appears within one year of receipt, it is presumed that the item was defective at the time of receipt unless the nature of the item or defect excludes this. This period does not run for the time the buyer cannot use the item, provided that the defect was legitimately claimed.
8. If the subject of the purchase is a product with digital properties, the seller ensures that the buyer will receive agreed updates of the digital content or digital content service. In addition to agreed updates, the seller ensures that the buyer will receive necessary updates to maintain the properties of the product according to Articles 7.3 and 7.4 of the terms and conditions and that they will be informed about their availability.
9. The provisions of Article 7.8 of the terms and conditions do not apply if the seller has specifically notified the buyer before concluding the purchase agreement that updates will not be provided, and the buyer explicitly agreed to this when concluding the purchase agreement.
10. If the buyer does not install an update within a reasonable period, they have no rights concerning defects arising solely due to the missing update. This does not apply if the buyer was not informed about the update or its consequences, or if the update was not installed or was installed incorrectly due to a deficiency in the instructions. If the purchase agreement stipulates the continuous provision of digital content or a digital content service for a certain period and a defect appears or occurs within the periods specified in Articles 7.8.1 and 7.8.2 of the terms and conditions, it is presumed that the digital content or digital content service has been provided defectively.
11. The buyer may claim a defect that appears on the item within two years of receipt. If the subject of the purchase is a product with digital properties and the purchase agreement stipulates the continuous provision of digital content or a digital content service for a certain period, the buyer may claim a defect that appears or occurs within two years of receipt. If the provision is for a period longer than two years, the buyer has the right to claim a defect that appears or occurs during this period. If the buyer has rightfully claimed a defect, the period for claiming a defect does not run for the time the buyer cannot use the item.
12. If the item has a defect, the buyer may request its removal. They may choose to have a new, defect-free item delivered or to have the item repaired, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other; this is assessed primarily based on the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately costly, particularly with regard to the significance of the defect and the value the item would have without the defect.
13. The seller will remove the defect within a reasonable period after it has been reported so as not to cause significant inconvenience to the buyer, considering the nature of the item and the purpose for which the buyer purchased it. The seller will take back the item at their own expense to remove the defect. If disassembly of the item is required, provided that its assembly was performed according to its nature and purpose before the defect appeared, the seller will carry out the disassembly of the defective item and the installation of the repaired or new item or will reimburse the associated costs.
14. The buyer may request a reasonable discount or withdraw from the purchase agreement if:
15. If the defect of the item is minor, the buyer cannot withdraw from the purchase agreement (as per Article 7.14 of the terms and conditions); it is presumed that the defect is not minor. If the buyer withdraws from the purchase agreement, the seller must refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that they have sent the item back.
16. The defect can be reported to the seller from whom the item was purchased. However, if another person is designated for repair at the seller's location or a location closer to the buyer, the buyer should report the defect to the designated repair provider.
17. Except in cases where another person is designated for repair, the seller must accept complaints at any business location where such complaints can be accepted considering the range of sold products or provided services, or at their headquarters. Upon receiving a complaint, the seller must issue a written confirmation to the buyer stating the date the complaint was filed, its content, the method of complaint resolution requested by the buyer, and the buyer's contact details for informing them about the resolution. This obligation also applies to other designated repair providers.
18. The complaint, including the removal of the defect, must be resolved, and the buyer must be informed of the resolution no later than thirty (30) days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. If the obligation involves providing digital content, including digital content delivered on a physical medium, or a digital content service, the complaint must be resolved within a reasonable time, considering the nature of the digital content or service and its intended purpose for the buyer.
19. After the expiration of the period specified in Article 7.18 of the terms and conditions, the buyer may withdraw from the purchase agreement or request a reasonable discount.
20. The seller must issue a confirmation to the buyer regarding the date and method of complaint resolution, including a confirmation of the repair and its duration, or provide a written explanation for rejecting the complaint. This obligation also applies to other designated repair providers.
21. The buyer may exercise their rights regarding liability for defects primarily via email at info@gearsupply.eu.
22. A person entitled to claim defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the buyer does not claim reimbursement within one month after the period for reporting the defect has expired, the court will not grant this right if the seller objects that the claim was not made in time.
23. Additional rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint policy.
24. The seller or another entity may provide the buyer with a quality guarantee beyond their statutory rights regarding defective performance.
4. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The buyer acquires ownership of the goods upon full payment of the purchase price.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1820(1)(n) of the Civil Code.
3. The seller handles consumer complaints via email. Complaints can be sent to the seller’s email address. The seller will send information about the resolution of the complaint to the buyer’s email address. No other rules for handling complaints are established by the seller.
4. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is the competent authority for out-of-court consumer dispute resolution arising from the purchase agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).
6. The buyer may contact a supervisory or state oversight authority with a complaint. The seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the relevant trade licensing authority within its scope. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority oversees compliance with the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended, within a defined scope.
7. The buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.
5. PERSONAL DATA PROTECTION
1. The seller fulfills its information obligation towards the buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR"), in connection with the processing of the buyer’s personal data for the purposes of fulfilling the purchase agreement, negotiating the purchase agreement, and fulfilling the seller’s public law obligations through a separate document.
6. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
1. The buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Laws (the Act on Certain Information Society Services), as amended, to receive commercial messages from the seller at the buyer’s email address or phone number. The seller fulfills its information obligation towards the buyer under Article 13 of the GDPR Regulation concerning the processing of the buyer’s personal data for the purpose of sending commercial messages through a separate document.
2. The seller fulfills its legal obligations related to the potential storage of cookies on the buyer’s device through a separate document.
7. DELIVERY
1. The buyer may receive communications at their registered email address.
8. FINAL PROVISIONS
1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection provided by provisions of the legal order from which contractual deviation is not possible and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual Obligations (Rome I).
2. If any provision of these terms and conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
4. An appendix to the terms and conditions includes a sample withdrawal form from the purchase agreement.
5. Seller’s contact details: registered office address

1. Korunní 2569/108, Vinohrady, 101 00 Praha 10, email address info@gearsupply.eu. The seller does not provide any other means of online communication.

                     In Prague, on 10.10.2024