GENERAL TERMS AND CONDITIONS
Lira IS s.r.o. for Purchases at the Online Store www.prodej-zbrani.cz
I. Subject of General Terms and Conditions
These General Terms and Conditions govern the contractual relationship, rights, and obligations related to purchases at the online store www.prodej-zbrani.cz (hereinafter referred to as the "Online Store") between the company Lira IS s.r.o., ID No. 26434466, with its registered office at Brdlíkova 287/1d, Prague 5, ZIP Code 150 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 81873 (hereinafter referred to as the "Seller"), and the entity intending to conclude (hereinafter referred to as the "Buyer") a purchase contract with the Seller under these General Terms and Conditions in accordance with Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Contract").
The term Buyer encompasses:
a) Consumer, i.e., someone who, when entering into a purchase contract with the Seller, acts outside the scope of their business activity or outside the scope of their independent profession; legal relations between the Seller and the Buyer (consumer) are governed by these General Terms and Conditions, Act No. 89/2012 Coll., Civil Code, as amended, Act No. 634/1992 Coll., on Consumer Protection, as amended, and, if the subject of the Contract is goods subject to the legal regime of Act No. 119/2002 Coll., on Firearms and Ammunition, also by this Act as amended;
b) Entrepreneur, i.e., someone who independently performs a business activity for profit on their own account and responsibility, whether by trade or other similar means, with the intention of doing so continuously for the purpose of making a profit, and also any person who concludes the Contract in connection with their own business, manufacturing, or similar activities or during the independent performance of their profession, or anyone acting on behalf of or for the account of an entrepreneur; legal relations between the Seller and the Buyer (entrepreneur) are governed by these General Terms and Conditions, Act No. 89/2012 Coll., Civil Code, as amended, and if the subject of the Contract is goods subject to the legal regime of Act No. 119/2002 Coll., on Firearms and Ammunition (Firearms Act), also by this Act as amended.
The Buyer acknowledges that these General Terms and Conditions are binding for the contractual parties, and the relationship between the Seller and the Buyer is governed by them unless the parties agree otherwise.
II. Subject of the Contract
The subject of the Contract is the goods ordered or reserved by the Buyer, which include:
a) Primarily firearms and ammunition subject to the regulations of Act No. 119/2002 Coll., on Firearms;
b) Goods not subject to the regulations of Act No. 119/2002 Coll., on Firearms.
The display of goods on the Online Store is for illustration purposes only, and the textual description of the goods' properties is decisive.
Descriptions, functions, technical data, and parameters, such as dimensions, weight, performance, capacity, and other details listed for individual goods in the Online Store, catalogs, brochures, and other print materials provided by the Seller are based on information supplied by the manufacturer. The Buyer acknowledges that all the aforementioned data is provided by the manufacturer with the reservation that the manufacturer may make technical changes to the goods.
III. Ordering Goods and Conclusion of the Contract
Ordering goods is carried out by the Buyer selecting goods in the Online Store, properly filling out all required information in the order form, and then electronically sending it to the Seller.
If the Buyer is an entrepreneur, the order of goods as per paragraph 1 is a proposal for the conclusion of the Contract.
If the Buyer is a consumer and the subject of the Contract is goods as per Article II, paragraph 1, letter b), the order of goods as per paragraph 1 constitutes the conclusion of the Contract.
If the Buyer is a consumer and the subject of the Contract is goods as per Article II, paragraph 1, letter a), the order of goods as per paragraph 1 is a proposal for the conclusion of the Contract.
Upon receipt of the order as per paragraph 1, the Seller will confirm its acceptance to the Buyer. The confirmation of receipt by the Seller to the Buyer is:
a) In cases per paragraph 2, the Contract is concluded;
b) In cases per paragraph 3, the Seller fulfills the obligation under § 1827, paragraph 1 of Act No. 89/2012 Coll., Civil Code;
c) In cases per paragraph 4, the Seller has reserved the goods selected by the Buyer.
A Contract involving goods as per Article II, paragraph 1, letter a) may only be concluded at the Seller’s place of business, provided that the substantial terms of the Contract are fully agreed upon between the Seller and the Buyer and the Buyer meets the requirements set by Act No. 119/2002 Coll., on Firearms.
IV. Rights and Obligations of the Buyer
The Buyer has the right to contact the Seller in writing, by telephone, or electronically using the Seller’s contact details to confirm or clarify the properties of the goods as per Article II, paragraph 3.
In the case of concluding the Contract using remote communication means, the Buyer has the right under § 1829, paragraph 1 of Act No. 89/2012 Coll., Civil Code, to withdraw from the Contract without stating a reason within 14 days of receiving the goods. This right must be exercised with the Seller in written form delivered to the Seller’s address or, by prior arrangement with the Seller, in person in written form at the Seller’s place of business.
The Buyer does not have the right to withdraw from the Contract if the goods supplied by the Seller have been customized according to the Buyer’s wishes or for the Buyer’s personal use.
The Buyer has the right to request the Seller to remove defects in the goods as per Article VIII.
V. Legal Consequences of Withdrawal from the Contract by the Buyer
If the Buyer validly withdraws from the Contract:
a) The Buyer is obliged to send (not by registered mail on delivery) or deliver personally to the Seller without undue delay, and no later than 14 days from the withdrawal from the Contract, the goods that were the subject of the Contract;
b) The Seller is obliged to return the purchase price for the goods paid by the Buyer in the same manner in which it was received from the Buyer, unless otherwise agreed by the Buyer and Seller, no later than 14 days from the day the Seller receives the goods back or proves the sending of the goods;
c) The Seller is obliged, at the same time as returning the purchase price as per letter b), to return to the Buyer the costs paid by the Buyer for the delivery of the goods, corresponding to the cheapest method of delivery offered by the Seller;
d) The Buyer bears the costs associated with returning the goods to the Seller if the Contract was concluded via remote communication means, if the goods cannot be returned by postal means due to their nature;
e) The Buyer is responsible for any reduction in the value of the goods resulting from handling the goods in a way other than necessary considering their nature and characteristics. The Seller is entitled to offset the amount corresponding to the reduction in the value of the goods against the purchase price which the Seller is obliged to return to the Buyer as per letter b).
VI. Rights of the Seller
The Seller is entitled to require the Buyer to authorize the order in writing, by telephone, electronically, or by providing a deposit up to 100% of the price of the ordered goods, particularly in cases where:
a) The Buyer orders a quantity of goods that exceeds the usual order volume by other Buyers;
b) The price of the goods ordered by the Buyer is significant in relation to the extent of the order;
c) The Seller is required to ensure customization of the ordered goods according to the Buyer’s specifications;
d) In other cases where necessary to protect the Seller’s legitimate economic interests.
The Seller has the right to disregard an order made by the Buyer if the order is not authorized by the Buyer or the requested deposit as per paragraph 1 is not paid.
VII. Price of Goods and Payment Terms
The prices of goods listed in the Seller's Online Store are inclusive of VAT and are valid as of the date of the order placement by the Buyer.
The Seller reserves the right to change the prices listed in the Online Store in the event of changes in foreign exchange rates, significant inflation, or substantial changes in the supplier conditions of the manufacturers or suppliers of the goods.
The method of payment for the ordered goods is chosen by the Buyer before placing the order. The Buyer has the right to choose one of the following payment methods:
a) Cash on delivery;
b) Bank transfer to the Seller's account;
c) Invoice issued by the Seller with a fourteen-day payment term.
The payment methods listed in paragraph 3 may be specified by the Seller in the Online Store for different types of goods either collectively or separately.
VIII. Delivery of Goods and Its Cost
The goods ordered by the Buyer will be delivered by the Seller in the manner chosen by the Buyer in their order.
The Buyer has the right to choose one of the following delivery methods:
a) Personal collection of the ordered goods by the Buyer at the Seller’s premises;
b) Delivery by Česká pošta to the Buyer’s address;
c) Delivery by courier service PPL to the Buyer’s address.
The cost of delivery for each of the methods listed in paragraph 2 will be communicated to the Buyer during the order process for each item individually and in total before the order is submitted.
Goods as per Article II, paragraph 1, letter a) cannot be delivered by the Seller to the Buyer in any manner other than personal handover to the Buyer, with the presentation of a firearm license as required by Act No. 119/2002 Coll., on Firearms.
A Buyer who is an entrepreneur must, when goods are delivered by the methods described in paragraph 2, letters b) and c) (this procedure is recommended by the Seller to a consumer Buyer), inspect the goods before accepting them from the carrier, along with the carrier, including the condition of the package. The Buyer has the right to refuse to accept a damaged or incomplete shipment. If a damaged or incomplete shipment is accepted by the Buyer, the Buyer must describe the damage in the delivery report completed with the carrier and immediately notify the Seller in writing of the damage or the nature of the incomplete shipment at the Seller’s address or electronically at info@prodej-zbrani.cz. A subsequent notification of damage or incompleteness of the shipment by the Buyer does not relieve the Buyer of the right to claim the goods.
IX. Warranty Period and Complaints
The warranty period begins from the moment the Buyer receives the goods and is 24 months, unless a special legal regulation or a specific warranty period for the goods stipulates otherwise.
If the manufacturer provides a warranty card with the goods, the Seller will issue this warranty card to the Buyer on the day of sale. If the manufacturer does not provide a warranty card with the goods, the tax document (invoice) issued and handed over by the Seller to the Buyer is considered as the warranty card.
The Seller is not liable to the Buyer for defects in the goods arising from normal wear and tear, incorrect use, or improper storage.
If defects appear in the goods during the warranty period that are not caused by the circumstances mentioned in paragraph 3, the Buyer has the right to complain about the goods to the Seller. The Buyer has the rights from defective performance guaranteed by § 2165 and the following sections of Act No. 89/2012 Coll., Civil Code.
To properly assert the rights from defective goods, the Buyer must:
a) Inform the Seller by telephone, electronically by email to info@prodej-zbrani.cz, or in writing at the Seller’s address about the existence of the defect;
b) Deliver the goods personally or as a registered mail (by prior agreement with the Seller) to the Seller’s address;
c) Provide details related to the complained goods that allow the Seller to identify the defect in the goods, the Buyer (name and surname or company, address of residence or business, and contact telephone and electronic details);
d) Present the warranty card or tax document (invoice) proving the duration of the warranty period as per paragraph 1.
The Buyer is not entitled to deliver the complained goods to the Seller as a cash-on-delivery registered mail. Such goods sent for complaint will not be accepted by the Seller.
The Seller, or the manufacturer or supplier of the goods, will assess the validity of the complaint within 30 days from the day of receipt of the complained goods. In cases where the complaint involves goods that must be sent abroad for assessment, the assessment will be done within a reasonable period for delivery of the goods abroad, assessment, and return of the goods to the Czech Republic, but no longer than 120 days. The Seller will inform the Buyer in writing, electronically, or by phone about the nature of the defects in the complained goods.
If the Seller exceeds the deadlines for handling the complaint as per paragraph 7, the Buyer has the right to withdraw from the Contract.
In the case of withdrawal from the Contract as per paragraph 8, the mutual obligations between the Seller and the Buyer will be settled according to the procedure in Article V, paragraph 1. If the Buyer is entitled to a discount on the purchase price, the procedure for refunding the amount corresponding to the discount on the purchase price mentioned in Article V, paragraph 1, letter b) will be applied accordingly.
X. Protection of Personal Data
To fulfill its obligations under the Contract and legal requirements, and to protect its legitimate interests, the Seller processes personal data and certain other information provided by the Customer in connection with the conclusion of the Contract. This data is processed by the Seller for the purposes of concluding the Contract, providing performance under the Contract, terminating the Contract, and exercising rights under the Contract.
The Customer is obliged to provide their personal data to the Seller completely, truthfully, and to promptly notify the Seller of any changes to ensure the Seller processes up-to-date personal data.
The Customer has full access to their personal data. The Customer has the right to object to the processing of personal data carried out by the Seller based on the Seller’s legitimate interests at any time. The Customer also has the right to file a complaint against the processing of their personal data with the supervisory authority, which is the Office for Personal Data Protection. Additionally, the Customer can withdraw previously given consents at any time. Contact details and more information about personal data processing, including a list of the Customer's rights, can be found on the Seller’s website at https://www.prodej-zbrani.cz/OOU or at the customer service line Lira.
A list of personal data processors is available on the Seller’s website at https://www.prodej-zbrani.cz/OOU
XI. Damages
The Seller is not liable for damages incurred by the Buyer due to force majeure. For the purposes of the relationship between the Seller and the Buyer, force majeure means an event excluding liability, including but not limited to war, armed conflict, embargo, civil unrest, sabotage, terrorist acts or threats of sabotage or terrorism, epidemics, explosions, chemical or radioactive contamination or ionizing radiation, lightning strikes, earthquakes, snowstorms, floods, fires, gales, storms, or other natural disasters, strikes, closures of businesses or other actions within industrial sectors or exceptional disputes between employers and trade unions, collisions or impact of vehicles, aircraft, or objects falling from aircraft or other aerial devices, or the occurrence of pressure waves caused by aircraft or other aerial devices moving at supersonic speeds. This applies if the event occurred independently of the will of the obligated party, prevents the fulfillment of obligations, cannot reasonably be expected to be prevented or overcome by the obligated party, and could not reasonably be anticipated by the Seller at the time of concluding the Contract.
The Buyer is liable to the Seller for damages arising from the breach of obligations set forth by these General Terms and Conditions, the Contract, or generally binding legal regulations by the Buyer.
XII. General and Final Provisions
If the Buyer is a consumer under applicable legal regulations, any disputes arising from the Contract may be resolved out-of-court before the Czech Trade Inspection Authority, located at Štěpánská 567/15, Prague 2, ZIP Code 120 00, www.coi.cz.
The Seller is entitled to change the General Terms and Conditions during the term of the Contract, taking into account changes in applicable legal regulations related to the Contract or changes in business strategy, economic conditions, and market developments.
The Seller will usually publish changes to the General Terms and Conditions 30 days in advance on the website www.prodej-zbrani.cz or by another appropriate method. The Buyer has the right to withdraw from the Contract within 15 days from the day the Seller announces or publishes the new version of the General Terms and Conditions due to such changes.
These General Terms and Conditions are valid and binding until they are replaced by a new version or partially replaced by a different agreement with the Buyer.
The relationship established by the Contract is governed by Act No. 89/2012 Coll., Civil Code, as amended.
These General Terms and Conditions enter into force on May 23, 2018.
