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General Terms and Conditions

General Terms and Conditions

Tamara Concept One s.r.o.

  1. General provisions

    1. The operator of the e-shop www.deasportswear.com (the “E-shop”) located at the address www.deasportswear.com via the website interface (the “E-shop Web Interface”) is the company Tamara Concept One s.r.o., Company ID No. 08999848, registered office Polská 1505/40, Vinohrady, 120 00 Prague 2, incorporated in the Companies Register kept by the Municipal Court, reg. No. C 328954, the scope of business of which is production, trade, and services not specified in Annexes 1–3 to the Trade Act (the “Seller”). The following GTC apply to the mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase contract (a “Purchase Contract”) concluded between the Seller and a natural or legal person under these GTC (the “Customer”) as applicable at the time execution of the order by the Customer via the website www.deasportswear.com or via e-mail (see conditions below).
    2. These General Terms and Conditions also govern the rights and obligations of the Parties in the use of the Seller’s website www.deasportswear.com (the “Website”) and other related legal relations. The General Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller does so in the course of their business.
    3. The Seller is a company whose activities are focused on the sale of sportswear through the e-shop.
    4. To contact the Seller, the Customer may use the following means of communication:
      • E-mail address:info@deasportswear.com
      • Telephone Number: +420 774 289 318
      • Postal communications sent to the address of the registered office of the Seller at Polská 1505/40, Vinohrady, 120 00 Prague 2

  2. General conditions for using the e-shop

    1. Each user of the e-shop and/or the Customer grant their consent to be bound by these General Terms and Conditions (the “GTC”).
    2. The Purchase Contract and the GTC are made in the Czech language and in English. In case of discrepancies between the two language versions, the Czech language version shall prevail
    3. Before using the e-shop and/or before ordering goods or confirming an order, make sure that you have read and understood the GTC.
    4. The GTC are an integral part of the purchase contract concluded between the Seller and the Customer. By concluding the purchase contract, the Customer confirms that they have read the GTC.
    5. By concluding the purchase contract, the Customer confirms that he has read the GTC, an integral part of which is the communication before concluding the contract, the Complaints Procedure, the Principles of Personal Data Processing (“Private Policy”) and the “Methods of Transport” and that the Customer expressly agree with them.
    6. Each Customer of the e-shop undertakes to provide their personal data necessary for the execution of the order and also confirms that they have read the Privacy Policy. This also applies mutatis mutandis to e-shop users. The Seller is not bound by the contractual conditions proposed by the Customer, unless the Seller expressly agrees to such contractual conditions.
    7. Customers may be legal or natural persons over 18 years of age with legal capacity who do not enter into a purchase contract within the scope of their business activities. Natural persons below 18 years of age may be a Customer only with the consent of their natural guardian. If the Customer states his identification number in the order, then he acknowledges that the rules stated in these conditions do not apply to him as well as to the Customer-consumer.
    8. A Customer can only be a person who acts in their private interest, not in the interest of their business or other legal person.

  3. Orders

    1. Orders are accepted through the e-shop located at www.deasportswear.com.
    2. The E-shop Web Interface contains a list of goods offered for sale by the Seller, including the prices of individual goods. The offer of goods and prices remains in force as long as it is displayed on the E-shop Web Interface. This provision does not restrict the Seller’s option to conclude a purchase contract under individually negotiated conditions. The Customer acknowledges that all offers for the sale of goods located on the E-shop Web Interface are non-binding, and the Seller is not obliged to enter into a purchase agreement regarding these goods.
    3. Goods (products) in the e-shop are properly marked with the name and are depicted together with a verbal description of the properties of the goods, their price, and materials used. The e-shop also provides information on available sizes and colours of goods, how to use and maintain goods, and hazards of improper use or maintenance.
    4. When placing an order, the Customer selects a specific product, its size, colour, or other necessary parameters and quantity of the ordered goods.
    5. The Customer acknowledges that inclusion of any product or service on the e-shop at a certain time does not mean or guarantee that these products or services will be available at any time. The Seller reserves the right to withdraw any product or service from the offer at any time. The Seller reserves the right to withdraw any product or service from the offer at any time.
    6. The Customer can order goods without registration or with registration. The Customer thus can order goods without registration directly from the E-shop Web Interface. Based on the Customer’s registration made on the Website, the Customer may access their user interface (the “User Account”).
    7. When creating a User Account, the Customer must state all data correctly and truthfully. Data provided in the User Account may be changed or updated by the Customer at any time. The Seller considers the data provided by the Customer in the User Account and when ordering goods correct and true.
    8. Access to the User Account is secured by user name and password. The Customer is obliged to maintain the confidentiality of the information necessary to access their User Account and acknowledges that the Seller is not responsible for breach of this obligation by the Customer. The Customer may not allow the use of the User Account by third parties.
    9. The Customer acknowledges that the Seller may terminate their User Account. This may occur, in particular, if the Customer has not used their User Account for more than 3 years or if the Customer breaches their obligations under the purchase contract (including the GTC).
    10. The Customer acknowledges that the User Account may not be available at all times (especially with regard to necessary maintenance of hardware and software of the Seller or of third parties).
    11. If the Customer has created a User Account and signs in, they gain access to other options in the user panel, including: order history, viewing the current status of order processing, saving delivery address, ability to receive latest product information from the e-shop. The Customer can also order goods from their User Account.
    12. After selecting the goods, the Customer places the goods in the shopping cart by clicking on the icon “add to cart”. The goods selected by the Customer are then transferred to the shopping cart, which can be displayed by clicking on the cart icon in the upper right corner of the e-shop.
    13. After the Customer clicks on the “Order” button, a list of all goods placed in the shopping cart will be displayed. At this point, the Customer can still remove goods from the shopping cart and can also increase their quantity by clicking on the appropriate icons displayed for each individual item. The Customer confirms the order by clicking the “Order” button located below the list of ordered goods (an “Order”).
    14. Subsequently, the Customer fills in the data necessary to complete the transaction and dispatch the ordered goods. When ordering goods, the Customer must provide correct and true data.
    15. Before placing a binding Order, the Customer must select the delivery method (either to the specified address or a collection points) and fill in all the necessary data (including invoicing details, if required) for the delivery.
    16. The Customer must also select the method of payment of the purchase price (either online by credit or payment card, online wire transfer to the bank account or transfer to a bank account). After clicking on “Order and Pay” and after making the payment, the Customer will be redirected to the order confirmation page.
    17. The Customer has the option to cancel the Order of goods at any stage of ordering the goods (i.e., before confirming the Order) by interrupting the above steps leading to the Order of goods. The Customer acknowledges that an Order that has not been completed will not be forwarded for processing.
    18. Before confirming an Order, the Customer must confirm that they have read the GTC of the Seller and the Privacy Policy Before placing an Order, the Customer has the opportunity to check and change the entered data used in creating the Order.
    19. The Customer sends the binding Order by clicking on “Order and Pay”. A purchase contract is considered concluded at the time of delivery of the acceptance of the binding Order (a “Confirmation”), which the Seller sends to the Customer by e-mail to the Customer’s e-mail address.
    20. If the Customer has selected online payment, this payment must be made immediately after sending the binding Order; the Customer will be redirected to the appropriate payment form directly after confirming the Order. If the Seller or entities participating in the transaction do not receive the payment of the purchase price, the Order will not be considered properly executed, which means that the purchase contract between the Seller and the Customer has not been concluded and the Order will not be processed. In such a case, the Customer must place a new Order if they still wish to purchase the offered goods or services.
    21. The Customer will receive an e-mail confirmation of the Order to the e-mail address provided when executing the Order, and after the Order is dispatched, also a confirmation of dispatch of the Order. The Order confirmation contains, among other things, the Order identification number, which can be used to find out the current status of the Order. These GTC are also part of the Order confirmation sent to the Customer’s e-mail.
    22. In the event that for any reason the Seller will not be able to process the Customer’s Order, the Seller will inform the Customer by e-mail or telephone as soon as possible. If the Seller has already received payment from the Customer for such an Order, the Seller will return the amount paid to the Customer, unless such a procedure is not possible for certain reasons, preferably using the same method of payment as used by the Customer to make the payment. If for any reason alternative measures are necessary, the Seller will inform the Customer as soon as possible, proposing further steps in the matter of returning the payment to the Customer.

  4. Purchase price, payment terms, and postage

    1. The prices listed on the e-shop include the current rate of value added tax (VAT of 21 %) and other fees. The Seller is a VAT payer. Prices without the current VAT rate are listed on the e-shop before confirming the order. The purchase price stated for the goods at the time of placing the Order is binding both for the Seller and the Customer. As soon as the Order is sent by the Customer and subsequently confirmed by the Seller, the purchase price may not change, even if the Seller subsequently adjusts the purchase price for the goods (e.g., as part of a discount offer).
    2. The prices listed on the e-shop for goods do not include Postage.
    3. Together with the purchase price, the Customer must pay the costs associated with packaging and delivery of the goods at an agreed rate (the “Postage”).
    4. —- missing —- Postage for each order is listed in the Cashier section, the Customer agrees to this postage by confirming the order.
    5. If the Seller cannot deliver a complete Order and has to create more than one delivery, it will not charge the Customer any surcharge for any subsequent deliveries.
    6. The Seller reserves the right to change the purchase price for goods that are offered for sale through the e-shop and to announce, cancel, or modify special offers (including discounts and others) on the e-shop Website in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”) and other related legislation.
    7. The Customer pays the purchase price and Postage by online payment card, online wire bank transfer or bank transfer.
    8. —- missing —- —- missing —-
    9. The Customer acknowledges that the payment of the purchase price and Postage cannot be made by a regular wire transfer to the Seller’s bank account.
    10. With regard to payments made on the basis of the purchase contract, the Seller will provide the Customer with a tax document – an invoice which it issues after payment of the purchase price and Postage to be sent to the e-mail address specified by the Customer when executing the Order.

  5. Purchase contract

    1. A purchase contract for the purchase of goods or services offered on the e-shop is concluded between the Seller and the Customer through the e-shop, i.e., using means of distance communication, with all effects arising from the relevant legislation, especially the Civil Code.
    2. A purchase contract is concluded in the Czech language and English
    3. A purchase contract will be deposited with the Seller; the Seller will allow the Customer access to it.
    4. The Customer agrees to the use of means of distance communication in concluding purchase contracts. The costs incurred by the Customer in using means of distance communication in connection with concluding a purchase contract (cost of internet connection, telephone cost) will be borne by the Customer.

  6. Delivery of goods

    1. —- missing —-
    2. A Customer’s Order will be processed only after the Seller receives the full purchase price for the Order to their bank account. This moment also represents the moment from which the time for sending the goods is calculated.
    3. After an Order begins to be processed and completed, the Seller will send the goods to the address specified by the Customer in the Order within one to four working days. The Customer acknowledges that the time of shipment of goods may be longer during ongoing discount events or special campaigns of the Seller and during public holidays.
    4. The Customer acknowledges that the delivery of goods may take longer due to unexpected events or due to reasons on side of carriers (couriers). The Customer acknowledges that the delivery of goods may take longer due to unexpected events or due to reasons on side of carriers (couriers). If the delivery time exceeds 30 days, the Customer may cancel the Order; the Customer must send the request for cancellation of the Order by e-mail to the e-mail address specified above in Article I(4) of the GTC. The Seller will then confirm the cancellation to the Customer by an e-mail sent to the e-mail address provided by the Customer when creating the Order.
    5. Orders are delivered by one of the carriers (couriers) offered by the Seller according to the Customer’s choice.
    6. Orders are delivered by one of the carriers (couriers) offered by the Seller according to the Customer’s choice. The conditions of transport abroad are always solved on the basis of an individual offer of transport according to the type of goods and the chosen destination by the Customer. The Customer acknowledges that the Customer pays the costs of applicable customs duties, taxes and duties, depending on the country of delivery. The Customer is obliged to find out about the cost of payment of customs duties, etc. fees at the customs office of the country of delivery of goods. If the Customer does not pay customs duties or other related fees when delivering the goods to the country of destination to the delivery address specified in the order and if for this reason the order is refused, the Customer shall bear the costs of unsuccessful sending the order and its possible return to the Seller. The Customer must take over the ordered goods at the agreed place and time, depending on the method of delivery. If the Customer fails to take over the goods, the Seller may withdraw from the purchase contract. For the period during which the Seller stores the goods for the Customer, the Seller may demand payment of a fee for the storage of the goods in the amount of the usual market price for the storage of similar goods.
    7. If, as a result of non-acceptance of the goods by the Customer, it is necessary to deliver the goods repeatedly, the Seller has the right to demand from the Customer payment of the cost associated with the repeated delivery.

  7. Withdrawal from the purchase contract

    1. The Customer has the right to withdraw from the purchase contract only for legal reasons according to generally valid legal regulations (especially Act No. 89/2012 Coll., the Civil Code, as amended).
    2. —- missing —-
    3. In the event that the Customer-Consumer wants to exercise their right to withdraw from the purchase contract, they are obliged to send the Seller a notice of withdrawal from the purchase contract using one of the following methods:
      • by post to the address of the Seller’s registered office;
      • by e-mail to the e-mail address:info@deasportswear.com (the e-mail message must be signed with a qualified electronic signature).
    4. The form for withdrawal from the purchase contract is published on the e-shop Website. For simplification, it is sufficient if the Customer-Consumer, who wants to exercise their right to withdraw from the purchase contract, fills in the form and sends it by e-mail to the above e-mail address (which must be signed by a qualified electronic signature) or prints out the form, sings it, and sends it by post to the above postal address of the Seller’s registered office. The Customer-Consumer is not obliged to use this form to withdraw from the purchase contract.
    5. The Customer-Consumer acknowledges that in order to observe the period for exercising the right to withdraw from the purchase contract, it is sufficient if the Customer-Consumer demonstrably sends the notice of withdrawal to the Seller on the last day of the 14-day period.
    6. In case of withdrawal from the purchase contract, the purchase contract is cancelled. The Customer is obliged to return the goods provided back to the Seller, and the Seller is obliged to return the purchase price paid back to the Customer.
    7. In the event of withdrawal by the Customer-Consumer from the purchase contract, the Seller will return all money paid, including the cost of delivery, back to the Customer-Consumer without undue delay, but no later than 14 days of receipt of the withdrawal notice taking into account the provisions of § 1832 of the Civil Code.
    8. The return of funds to the Customer will be made by wire transfer to the bank account specified by the Customer in the withdrawal notice or in the User Account. The Customer will not bear the cost associated with the return of funds.
    9. Goods purchased by the Customer on the basis of a purchase contract from which the Customer withdraws must be sent by the Customer to the address of the Seller’s registered office without undue delay, but no later than 14 days from the date the Customer notified the Seller of the withdrawal from the purchase contract. The period for sending the goods back by the Customer is complied with if the Customer sends the goods to the Seller by the last day of this 14-day period. The cost of returning the goods will be borne by the Customer.
    10. The Customer acknowledges that the Seller will always hand over the funds to the Customer only after the Customer hands over the goods to the Seller or proves to the Seller that the goods have been dispatched to the address of the Seller’s registered office, whichever occurs first.
    11. The Customer is obliged to return the goods received on the basis of the purchase contract, including its accessories and documents (such as warranty card, manual, etc.), at its own expense. The Customer is liable for the reduction of the value of the goods which occurred as a result of handling the goods differently than necessary with regard to their nature, functionality, and properties for the period from the delivery of the goods to the Customer to their return to the Seller, provided the reduction of the value of the goods can be attributed to their inappropriate handling. The Customer is obliged to pay the amount corresponding to the reduction in the value of the goods to the Seller.

  8. Complaints

    1. On the e-shop, the Seller offers only new goods free of any defects. The Seller is responsible for defects in the goods. The Seller is not responsible for defects in the goods caused by the carrier.
    2. If the Customer receives incomplete or damaged shipments, the Customer is obliged to contact the Seller by e-mail to info@deasportswear.com within 24 hours of receiving the goods and send the Seller photos of the goods and their packaging so that the Seller can take further action against the carrier. If the Customer believes that he has received the wrong goods, he will immediately send the Seller an e-mail to info@deasportswear.com a photo of the goods and the order number so that the Seller can confirm that the Customer actually received the goods incorrectly and send the ordered goods. The Customer is obliged to send the wrong goods back to the Seller within 14 days from the date of receipt.
    3. Complaints regarding goods purchased on the e-shop must be filed in accordance with the relevant legal provisions on liability for defects and quality guarantee contained in the Civil Code provided the defect occurs within 24 months of receipt of the goods and provided the defect is in violation of the purchase contract. If a defect occurs within six months after receipt of the goods, the goods will be considered defective already upon receipt. The Seller is not liable for defects caused by normal wear and tear or failure to follow the instructions for use.
    4. Within the above-mentioned period, the Customer may claim the goods and request at its own discretion:
      • for a defect which constitutes a material breach of the contract, i.e., a breach of the purchase contract when the breaching Party already knew or should have known at the time of the conclusion of the purchase contract that the other Party would not have entered into the purchase contract had it known about the breach (regardless of whether the defect is remediable or irremediable):
        • i. delivery of new goods or of missing parts of the goods; or
        • appropriate reduction of the purchase price; or
        • elimination of the defect by repair; or
        • withdrawal from the purchase contract;
      • for a defect which constitutes a minor breach of the contract (regardless of whether the defect is remediable or irremediable):
        • removal of the defect; or
        • appropriate reduction of the purchase price.
    5. If, after repair, the goods still have a remediable repeated defect (i.e., in the case of a third claim for the same defect or a fourth claim for different defects) or if the goods have at least three (or more) defects at the same time, the Customer may request:
      • reduction of the purchase price; or
      • replacement of the goods; or
      • withdrawal from the purchase contract.
    6. —- missing —- —- missing —-
    7. —- missing —-
      1. —- missing —-
      2. appropriate reduction of the purchase price; or
      3. —- missing —-
    8. —- missing —-
    9. The Customer may claim defective goods with the Seller by sending a notice of complaint, including the claimed goods, to the address of the Seller’s registered office. The goods nor the notification of the complaint can not be sent to the Seller cash on delivery. Any written notice of complaint must always contain the Customer’s identification details and contact details (e-mail address, residential address, and telephone number), reason for the complaint, information to identify the original order (e.g., invoice number), and identification of the claimed goods, including the date of purchase and description of the defects. The Customer must also state to the preferred remedy of the defective performance along with the notice of complaint, or without undue delay thereafter. The Customer may change their preferred remedy only if the defect proves to be irremediable. If the Customer does not choose their preferred remedy, the Customer will have the rights as in the case of a minor breach of the purchase contract.
    10. To file a complaint, the Customer may use the form “Notice of Complaint” located on the Website of the e-shop which can be filled in online and sent by e-mail with a qualified electronic signature or printed out in paper form, filled in, signed, and sent to the address of the Seller’s registered office. The Customer is not obliged to use this form.
    11. After the Seller receives a notice of complaint and the claimed goods, the Seller will confirm to the Customer the complaint by e-mail, which confirmation will be sent to the Customer’s e-mail address specified in the notice of complaint or in the User Account. The confirmation contains, among other things, identification data of the Seller and identification data of the Customer and their contact details.
    12. The Seller is not responsible for the selection of the carrier of the claimed goods by the Customer, as well as for the loss or damage of the goods sent for complaint by the carrier. The Seller or an employee authorized by the Seller will decide on the resolution of the complaint without undue delay after receiving the notice of complaint and the claimed goods, but no later than within three working days of receiving the goods. However, this period does not include the reasonable time according to the type of the goods or services required for a professional assessment of the claimed defect.
    13. Complaints, including removal of defects, must be handled without undue delay within 30 days of the date of the complaint, unless the Seller and the Customer agree on a longer period. During this period, the Seller is obliged to inform the Customer about the result of the complaint procedure.
    14. If the complaint is accepted by the Seller, the Customer is entitled to request, in accordance with the Civil Code, the Seller from the payment of reasonable costs for the delivery of defective goods to the Seller.
    15. If the complaint is not accepted by the Seller, the goods will be sent back to the Customer with a written justification for rejecting the complaint.

  9. Final provisions

    1. The Seller reserves the right to change the GTC without prior notice. The Customer acknowledges that their orders will be subject to the version of the GTC as published on the e-shop at the time of confirmation of the Order.
    2. All intellectual property rights, such as trademarks and copyrights, to the e-shop are property of Tamara Concept One s.r.o. or licensors. Any use of the e-shop or of its own content, copying of its content or storage of its content, in part or whole, for commercial purposes is not permitted without the express written consent of the Seller. The Seller reserves the right to immediately block access to the e-shop and cancel the User Account of any user who violates, in particular, this provision of the GTC or any other provision.
    3. The Seller reserves the ownership right to the ordered goods until the Customer pays the purchase price in full.
    4. The Seller reserves the right to assign or pledge to third parties any claim or claims for payments due by Customers that have arisen in connection with the delivery of goods.
    5. If any provision of the GTC proves to be prohibited or if it has been found ineffective by any court or other authority, the other provisions of the GTC will remain in force.
    6. Cookies
    7. Purchase contracts concluded between the Seller and the Customer and any other legal relations between the Seller and the Customer are subject to the legal regulations of the Czech Republic.
    8. In the event that a consumer dispute arises between the Seller and the Customer-Consumer in relation to a purchase contract which cannot be resolved by amicable resolution, the Customer may file a proposal for out-of-court settlement (i.e., amicable arrangement between the Parties) with: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15 120 00 Prague 2 e-mail: adr@coi.cz web: adr.coi.cz The aim of out-of-court settlement of consumer disputes is to reach an amicable settlement of the dispute and agreement of the Parties.

These General Term and Conditions become valid and effective as from April 1,2021.