Terms and Conditions

of the company HIKO SPORT s.r.o.
with its registered office at Příjezdní 261, 252 02 Jíloviště
identification number: 25059262
registered in the Commercial Register maintained by the Municipal Court in Prague,
section C, insert 46117
for the sale of goods through the online store located at the internet address www.hiko.cz.

1. Introductory Provisions

These terms and conditions (hereinafter referred to as "terms and conditions") of the business company Hiko Sport s.r.o., with its registered office at Příjezdní 261, 252 02 Jíloviště, identification number: 25059262, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 46117 (hereinafter referred to as "seller") regulate, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.hiko.cz (hereinafter referred to as "website"), through the website interface (hereinafter referred to as "store web interface").
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 activity or within the scope of their independent professional practice when ordering goods.
Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement shall take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are 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 can be concluded in the Czech language.
The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

2. User Account

Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as "user account"). If the store web interface allows it, the buyer can also order goods without registration directly from the store web interface.
When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data entered in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
The buyer is not authorized to allow third parties to use the user account.
The seller may cancel the user account, especially in cases where the buyer has not used their user account for more than 2 years, or in cases where the buyer violates their obligations under the purchase agreement (including the terms and conditions).
The buyer acknowledges that the user account may not be continuously available, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third parties' hardware and software equipment.

3. Conclusion of the Purchase Agreement

All presentation of goods placed in the store's web interface is for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding these goods. The provision of § 1732 par. 2 of the Civil Code shall not apply.
The store's web interface contains information about the goods, including the prices of individual goods and the costs for returning the goods, if these goods cannot be returned by ordinary postal means due to their nature. The prices of the goods are stated including value-added tax and all related fees. The prices of the goods remain valid for the period they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
The store's web interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated on the store's web interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills in the order form on the store's web interface. The order form contains especially information about:

the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
the method of payment for the purchase price of the goods, data on the requested method of delivery of the ordered goods, and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").

5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered into the order, also with regard to the buyer's ability to detect and correct errors that occurred during data entry into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The data provided in the order are considered correct by the seller. The seller will immediately confirm receipt of the order to the buyer by email, to the buyer's email address specified in the user account or in the order (hereinafter referred to as "buyer's email address").

6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by email, to the buyer's email address.

8. The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, costs for telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

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

in cash or cashless by credit card at the seller's premises at the addresses:
Hiko Sport, Příjezdní 261, 252 02 Jíloviště
Hiko Sport, Loděnice FTVS, 170 00 Prague 7 - Troja

in cash on delivery at the place specified by the buyer in the order;
cashless by bank transfer to the seller's account no. 195713894/0300, maintained with ČSOB (hereinafter referred to as "seller's account");
cashless by credit card online;

2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4. In the case of cash payment or cash on delivery payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.

5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.

6. The seller is entitled, especially in cases where the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before dispatching the goods to the buyer. The provision of § 2119 para. 1 of the Civil Code shall not apply.

7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding payments made on the basis of the purchase agreement. The seller is a payer of value added tax. The seller will issue a tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.

9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales online with the tax administrator; in case of a technical failure, then no later than 48 hours.

5. Withdrawal from the purchase agreement

1. The buyer acknowledges that, in accordance with the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygienic reasons, and from a purchase agreement for the supply of audio or video recordings or computer programs if they have broken their original packaging.

2. Unless it is a case specified in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 par. 1 of the Civil Code, within ninety (90) days from the receipt of the goods, provided that if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase agreement, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase agreement may be sent by the buyer, among other things, to the seller's business address or to the seller's email address info@hiko.cz.

3. In the event of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within ninety (90) days of withdrawal from the agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

4. In the event of withdrawal from the agreement according to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another manner, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for the refund of the purchase price.

6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 par. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account designated by the buyer.

7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the dissolving condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such gift loses its effect and the buyer is obliged to return the provided gift to the seller along with the goods.

6. Shipping and Delivery of Goods

In the event that 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, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
Upon taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In case of finding damage to the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
Further rights and obligations of the parties in the transport of goods may be regulated by the seller's special delivery terms, if issued by the seller.

7. Rights from Defective Performance

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have such properties that the seller or manufacturer described, or which the buyer expected considering the nature of the goods and based on the advertising carried out by them,
2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
4. the goods are in an appropriate quantity, measure or weight and
5. the goods comply with legal requirements.
The provisions set out in Article 7.2 of the terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.
If a defect appears within six months of receipt, the goods are presumed to have been defective upon receipt. The buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months of receipt.
The buyer asserts rights from defective performance with the seller at the address of his establishment, where the acceptance of a complaint is possible considering the assortment of goods sold, or also at the registered office or place of business.
Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. Other Rights and Obligations of the Contracting Parties

The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 letter e) of the Civil Code.
The seller handles consumer complaints via the email address info@hiko.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
For out-of-court resolution of consumer disputes arising from the purchase agreement, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can 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 a contact point according 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 online dispute resolution for consumer disputes).
The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the competent trade licensing office within its scope of activity. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
The buyer hereby assumes the risk of change of circumstances in the sense of § 1765 par. 2 of the Civil Code.

9. Personal Data Protection

The seller fulfills its information obligation towards the buyer in the sense of 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 Regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase agreement, for the purpose of negotiating the purchase agreement, and for the purpose of fulfilling the seller's public law obligations through a special document.

10. Sending Commercial Communications and Storing Cookies

The buyer agrees, in the sense of the provisions of § 7 par. 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications through a special document.
The buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of so-called cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time.

11. Delivery

The buyer may be served at the buyer's email address.

12. Final Provisions

If the relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive a buyer who is a consumer of the protection provided to him by the provisions of the legal order, from which it is not possible to deviate contractually, and which would otherwise apply in the absence of a choice of law according to the provisions of 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).
If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning most closely approximates the invalid provision shall replace the invalid provisions. The validity of the other provisions shall not be affected by the invalidity or ineffectiveness of one provision.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
An exemplary form for withdrawal from the purchase contract forms an annex to the terms and conditions.
Seller's contact details: delivery address: Hiko Sport s.r.o., Příjezdní 261, 252 02 Jíloviště, email address info@hiko.cz, telephone +420 267 710 867.

In Jíloviště on 22.05.2023