Terms & Conditions
I. General provisions
1. These terms and conditions are issued according to § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”)
Bartoloměj Ender Fuciman
Karla Pokorného 20, 70800 Ostrava
Bartoloměj Ender Fuciman (hereinafter referred to as the “seller”)
2. These terms and conditions govern the mutual rights and obligations of the seller and an individual who enters into a purchase contract outside his business as a consumer or within his business (hereinafter “buyer”) through the website www.back2grand.com (hereinafter “internet trade”).
3. The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language. The translation is for guidance only.
II. Conclusion of a contract
1. The buyer orders in the following ways:
– through his customer account, if he has previously registered in the online store,
– by filling in the order form without registration.
2. When placing an order, the buyer chooses the products, method of payment and delivery.
3. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the “place order” button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.
4. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after the acceptance of the order by the seller. Notice of receipt of the order is delivered to the buyer’s email address.
5. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order via the seller’s email specified in these terms and conditions.
6. In the event of an obvious technical error on the part of the seller when stating the price of goods in the online store, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order under these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
III. Products and prices
1. Information about the products, including the prices and their main properties are given for products in the online store catalogue. All prices are in euros or czech crowns and remain valid as long as they are displayed in the online store.
2. Information about the costs associated with the delivery is also published in the online store.
3. All presentation of products placed in the online store catalogue is of an informative character and the seller is not obliged to enter into a purchase agreement regarding these products. Unless listed as “custom” or brand new, all products offered are in used condition. By purchasing the product, the buyer agrees with its stated condition. Any flaws or defects that are displayed on the product page can not be the subject to complaint.
1. Based on the buyer’s registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering in the customer’s account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer’s account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.
6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the seller.
V. Payment conditions
1. The price of the goods and any costs associated with the delivery of goods, the buyer may pay in the following ways:
– credit card (MasterCard, VISA, American Express).
2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of goods in the agreed amount.
3. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
4. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
5. Until the full payment is made, the products remain the property of BACK2 GRAND.
6. The seller is obliged to issue the buyer a tax document with the relevant tax regulations according to § 29 of Value Added Tax Act, resp. according to § 30a of the Value Added Tax Act.
1. The goods are delivered to the buyer in these ways:
– to the home address specified by the buyer in the order,
– to the pick-up point address specified by the buyer in the order.
2. The choice of delivery method is made during the ordering of goods.
3. The costs of delivery of goods, depending on the method of dispatch and receipt of goods, are specified in the buyer’s order and in the order confirmation by the seller.
4. If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, 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, the buyer is obliged to pay all costs associated with the repeated delivery of the goods.
5. Upon receipt of 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 the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6. The seller will issue to the buyer a tax document – invoice. The tax document is sent to the buyer’s email address.
7. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VII. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 14 days from the date of receipt of the goods.
3. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
4. The buyer can withdraw from the purchase contract through a clear statement to the e-mail address of the seller. To fulfill the withdrawal from the contract, it is sufficient to send a notice regarding your exercise of the right to withdraw from the purchase contract.
5. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller.
6. If the buyer withdraws from the contract, the seller will return to him immediately all funds, including delivery costs, which he received from him, in the same way. But no later than 14 days from the withdrawal from the contract. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods.
8. The buyer must return the goods to the seller undamaged, unworn and, if possible, in the original packaging and with a tag. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the price.
9. The seller is entitled to withdraw from the purchase contract due to the unavailability of goods due to a technical error on the website. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
1. The Contracting Parties may send all correspondence to each other by electronic mail.
2. The buyer send correspondence to the seller to the email address specified in these terms and conditions. The seller send correspondence to the buyer to the email address specified in his customer account or in the order.
IX. Online Dispute Resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final Provisions
1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties have agreed that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
3. All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose.
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on 1 December 2020.
data protection (GDPR)
I. General provisions
1.The responsible data controller is Bartoloměj Ender Fuciman (hereinafter “administrator”) pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).
Bartoloměj Ender Fuciman
Karla Pokorného 20, 70800 Ostrava
2. Personal data means any information relating to identified or identifiable individual; an identifiable individual is an individual who can be directly or indirectly identified, in particular by reference to a specific identifier, for example name, identification number, location data, network identifier.
II. Sources and categories of personal data processed
1. The administrator processes personal data that you have provided to him or personal data that the administrator has obtained on the basis of fulfilling your order.
2. The administrator processes your identification and contact data and the data necessary for the performance of the contract.
III. Legal reason and purpose of personal data processing
1. The legal reason for processing personal data is:
– performance of the contract between buyer and the administrator pursuant to Article 6, paragraph 1, letter b) GDPR,
– the legitimate interest of the administrator in the provision of direct marketing (especially for newsletters) pursuant to Article 6 (1) (a) f) GDPR,
– your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6 (1) (a) a) GDPR in conjunction with § 7 paragraph 2 of Act No. 480/2004 Coll., On certain information society services in the event that goods or services are ordered.
2. The purpose of processing personal data is:
– settlement of your order and exercise of rights and obligations arising from the contractual relationship between you and the administrator; when ordering, personal data are required, which are necessary for successful execution of the order (name and address, contact), provision of personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data it is not possible to conclude the contract or perform it,
– sending business messages and doing other marketing activities.
3. There is no automatic decision-making by the administrator in the sense of Article 22 of the GDPR. You have given your express consent to such processing.
IV. Data retention period
1. The administrator stores personal data in the following ways:
– for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship),
– until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 15 years, if the personal data are processed on the basis of the consent.
2. After the retention period of personal data, the administrator deletes the personal data.
V. Recipients of personal data
1. The recipients of personal data are persons:
– involved in the delivery of goods / services / execution of payments on the basis of a contract,
– providing e-shop operation services and other services in connection with e-shop operation,
– providing marketing services.
2. The controller does not intend to transfer personal data to a third country (to a non-EU country) or to an international organization. Recipients of personal data in third countries are providers of mailing services or cloud services.
VI. Your rights
1. Under the conditions set out in the GDPR, you have:
– the right of access to his personal data pursuant to Article 15 of the GDPR,
– the right to correct personal data pursuant to Article 16 of the GDPR, or restrictions on processing pursuant to Article 18 of the GDPR,
– the right to delete personal data pursuant to Article 17 of the GDPR,
– the right to object to the processing under Article 21 of the GDPR,
– the right to data portability according to Article 20 of the GDPR,
– the right to withdraw the consent to processing in writing or electronically to the address or email of the administrator specified in Article III of these conditions.
2. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
VII. Personal data security
1. The controller declares that it has taken all appropriate technical and organizational measures to secure personal data.
2. The administrator has taken technical measures to secure data repositories and personal data repositories in paper form.
3. The controller declares that only persons authorized by him have access to personal data.
VIII. Final Provisions
1. By sending the order from the online order form, you confirm that you are familiar with the conditions of personal data protection and that you accept them in full.
2. You agree to these terms by checking your consent via the online form. By checking the consent, you confirm that you are familiar with the conditions of personal data protection and that you accept them in full.
These conditions take effect on 1 December 2020.