Terms and Conditions

Contact details:
BANANA.IT s.r.o.

ID NUMBER: 173 80 910

registered office: U Mlýnský 696/6, Karlín, 186 00 Prague 8

‍

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as “terms and conditions“) trading companies BANANA.IT s.r.o., Company ID: 173 80 910, registered office: U Mlýnského 696/6, Karlín, 186 00 Praha 8, registered in the Commercial Register kept at the Municipal Court in Prague, file no.: C 370348, acting as an intermediary and/or seller (hereinafter referred to as “provider“) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as”Civil Code“) mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a contract of sale or under an intermediation contract (hereinafter referred to collectively as”pacta“) concluded between the provider and another natural person (hereinafter referred to as “user“) through the online shop and/or the application of the provider (hereinafter collectively referred to as “webshop“). The online store is operated by the provider on a website located at the Internet address www.bananasport.cz, through the interface of the website www.bananasport.cz (hereinafter referred to as”web interface of the store“), the application has the name”BANANA SPORT“(hereinafter collectively referred to as “website“).

1.2. Terms and Conditions do not apply to caseswhere the person intending to purchase the goods and/or to withdraw the service from the provider is a legal person or a person who acts when ordering goods and/or services in the course of his business activity or in the course of his independent profession.

1.3. Provisions different from the terms and conditions may be negotiated in the contract. The derogating provisions in the contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the contract. The contract and terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language.

1.5. The text of the Terms and Conditions may be amended or supplemented by the Provider. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

1.6. The Provider shall not be liable for improper use of the goods offered.

1.7. The product images presented in the web presentation are for illustrative purposes only. Due to the constant changes of packaging by manufacturers, the seller is not able to guarantee the same appearance of the packaging of the ordered products at the time of sale.

1.8. Information about products and services is constantly updated, yet the operator cannot accept responsibility for any incorrect information. This does not affect your rights under the law.

1.9. The submitted reviews and discussion posts are only the subjective view of the author of the review and do not express the views and opinions of the operator of this website. The operator is not responsible for the information provided here.

‍

2. User account

2.1. Based on the user registration made on the website or in the application, the user can access its user interface. From its user interface, the user can order goods and arrange services (hereinafter referred to as”user account“). If the web interface of the store allows this, the user can order goods and arrange services even without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the user is obliged to correctly and truthfully indicate all data. The user is obliged to update the data specified in the user account whenever they are changed. The data entered by the user in the user account and when ordering the goods are considered correct by the provider.

2.3. Access to the user account is secured with a username and password. The user is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The user is not entitled to allow the use of the user account to third parties.

2.5. The Provider may cancel the User Account, especially if the User does not use his User Account for more than 2 years or if the User violates his obligations under the contract (including the Terms and Conditions).

2.6. The User acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the Provider, or the necessary maintenance of hardware and software equipment of third parties.

‍

3. Conclusion of the contract

3.1. All presentation of goods placed in the web interface of the store is informative in nature and the provider is not obliged to conclude a purchase contract regarding these goods or conclude an intermediation agreement. Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about goods and services, including prices for individual goods and services. Prices for goods and services are shown including value added tax and all related charges. Prices for goods and services remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the ability of the provider to conclude a contract on individually agreed terms.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods specified in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods and services, the user fills in the order form or selects the required service in the web interface of the store. In particular, the order form contains information on:

• 3.4.1. the ordered goods or the ordered service (the ordered goods or services are “inserted” by the user into the electronic shopping cart of the web interface of the store),
• 3.4.2. the method of payment of the purchase price of the goods or services, data on the required method of delivery of the ordered goods, the date and place of the provision of the service; and
• 3.4.3. information on the costs associated with the supply of goods or services (hereinafter collectively referred to as”order“).

3.5. Before sending the order by the provider, the user is allowed to check and change the data entered by the user in the order, also taking into account the user's ability to detect and correct errors arising when entering data into the order. The user sends the order to the provider by clicking on the button”Pay/Book & Pay“. The data specified in the order is considered correct by the provider.

3.6. Sending an order is considered to be an act of the user, which undoubtedly identifies the ordered goods or service, the purchase price, the user's person, the person of the provider of the ordered service, the method of payment of the purchase price, the date and place of the provision of the service, and is a binding draft contract for the contracting parties. The condition for the validity of the order is to fill in all the mandatory details in the order form, familiarization with these terms and conditions on the website and confirm that the user has familiarized himself with these terms and conditions.

3.7. The Provider shall confirm this receipt to the User immediately upon receipt of the order by e-mail to the e-mail address of the User specified in the User Interface or in the Order (hereinafter referred to as “”).user's electronic address“).

3.8. Depending on the nature of the order (quantity of goods or services, purchase price, estimated shipping costs), the Provider is always entitled to ask the user for additional confirmation of the order (for example, in writing or by phone).

3.9. The draft contract in the form of an order is valid for one day.

3:10 a.m. The contractual relationship between the provider and the user arises from the delivery of the order receipt (acceptance), which is sent by the provider to the user by e-mail, to the user's e-mail address, or confirmation in the application.

3:11 a.m. In the event that any of the requirements specified in the order cannot be fulfilled, the Provider shall send the User to the e-mail address or to the User's application an amended offer indicating possible variants of the order and request the User's opinion.

3:12 a.m. The amended offer is considered to be a new draft contract and the contract is concluded only after acceptance by the user via electronic mail.

3:13 a.m. The user agrees to the use of means of communication at a distance when concluding a contract. The costs incurred by the user when using the means of distance communication in connection with the conclusion of the contract (internet connection costs, telephone calls) are borne by the user himself, and these costs do not differ from the basic rate.

‍

4. Price of goods and services and Payment terms

4.1. The price of goods and services and any costs associated with the delivery of goods and services under the contract may be paid by the User to the Provider in the following ways:

• 4.1.1. by non-cash transfer to the account of the provider No. 6251944329/0800 (CZK), conducted by Česká spořitelna, a.s. (hereinafter referred to as'Provider account“);
• 4.1.2. cashless through the ThePay payment system;

4.2. Together with the purchase price, the user is obliged to pay the provider also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.

4.3. The Provider does not require a deposit or other similar payment from the User. This is without prejudice to the provision of Article 4.6 of the Terms and Conditions concerning the obligation to pay the purchase price of goods and services in advance.

4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of payment by card online, the purchase price is due within two days. In the case of payment by bank transfer or through a payment system, the purchase price is payable within seven days from the conclusion of the contract.

4.5. In case of non-cash payment, the user is obliged to pay the purchase price of goods and services together with the indication of the variable payment symbol. In the case of non-cash payment, the user's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the provider's account.

4.6. The Provider is entitled, in particular in the absence of additional confirmation of the order by the User (Article 3.6), to demand payment of the entire purchase price before the goods are dispatched and the services provided to the User. Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods and services and services provided by the provider to the user cannot be combined with each other.

4.8. The Provider reserves the right to remove automatically allocated B2C discounts to B2B customers.

4.9. If this is customary in the course of business or if this is provided for by generally binding legislation, the provider shall issue a tax document — an invoice for payments made under the contract to the user. The provider is the payer of value added tax. Tax document — the invoice is issued by the provider to the user after payment of the Price of goods and services and services and sends it in electronic form to the user's electronic address or to the user interface in the application.

‍

5. Withdrawal

5.1. The User acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the contract, inter alia:

• 5.1.1. on the delivery of goods that have been modified according to the wishes of the user or for his person
• 5.1.2. about delivery perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
• 5.1.3. about delivery goods in sealed packaging that have been removed from the packaging by the user and for hygienic reasons it is impossible to return it, that in this case it does not have the right to withdraw from the contract,
• 5.1.4 on the supply of services already provided.

5.2. Unless it is a case referred to in Article 5.1 or another case where it is not possible to withdraw from the contract, the user has the right to withdraw from the contract in accordance with the provisions of Section 1829 (1) of the Civil Code, within fourteen (14) days from the date of receipt of the goods, and if the subject of the contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. The withdrawal must be sent to the provider within the time limit specified in the previous sentence.

5.3. For withdrawal from the contract, the user can use the sample withdrawal form provided by the provider, which forms an annex to the Terms and Conditions. Withdrawal from the contract may be sent by the user to, among other things, the address of the provider's establishment or registered office. For the service of withdrawal, the provisions of Article 11 of these Terms and Conditions shall apply.

5.4. In the event of withdrawal from the contract in accordance with Article 5.2 of the Terms and Conditions, the contract shall be cancelled from the beginning. Purchased goods must be returned to the Provider within fourteen (14) days of withdrawal from the Contract to the Provider. If the user withdraws from the contract, the user bears the costs associated with the return of the goods and services to the provider, even if the goods and services cannot be returned for their nature by the usual postal route.

5.5. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Provider shall return the funds received from the User within fourteen (14) days after the withdrawal from the Contract by the User, in the same manner as the Provider accepted them from the User. The Provider is also entitled to refund the performance provided by the User when returning the goods and services by the User or in any other way, provided that the User agrees to this and does not incur additional costs to the User. If the User withdraws from the Contract, the Provider is not obliged to return the received funds to the User before the User returns the goods and services to him or proves that he has sent the goods and services to the Provider.

5.6. The provider is entitled to unilaterally offset the claim for compensation for damage incurred on the goods against the user's claim for a refund of the purchase price.

5.7. Until the time of receipt of the goods by the user, the provider is entitled to withdraw from the contract at any time. In this case, the Provider shall refund the price to the User without undue delay, in a non-cash form to the account designated by the User.

5.8. If a gift is provided to the user together with the goods, the gift contract between the provider and the user is concluded with the condition that if the user withdraws from the contract, the gift contract for such gift ceases to be effective and the user is obliged to return the gift provided together with the goods to the provider.

5.9. In case of cancellation of the ordered services within less than 24 hours before the ordered start of the provision of services, the provider is entitled to charge the user a cancellation fee of 75%.

‍

6. Transportation and delivery of purchased goods and ordered services

6.1. In the event that the mode of transport is agreed on the basis of a specific request of the User, the User shall bear the risk and any additional costs associated with that mode of transport.

6.2. If the provider is obliged under the contract to deliver the purchased goods to the place specified by the user in the order, the user is obliged to take over the goods and services upon delivery. If the provider is obliged under the contract to arrange the delivery of the ordered services at the place and time specified by the user in the order, the user is obliged to assume the performance of the services at such place and time.

6.3. If, for reasons on the part of the user, it is necessary to deliver the purchased goods repeatedly or in a different way than indicated in the order, the user is obliged to pay the costs associated with the repeated delivery of the purchased goods, or the costs associated with another method of delivery.

6.4. Upon receipt of the purchased goods from the carrier, the user is obliged to check the integrity of the packaging of the goods and, in case of any defects, notify the carrier immediately. In case of detection of a violation of the packaging indicating unauthorized entry into the consignment, the user may not take over the shipment from the carrier.

‍

7. Rights from Defective Performance

7.1. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Provider replies to the User that the purchased goods do not have defects upon receipt. In particular, the Provider shall reply to the User that at the time when the User has taken possession of the purchased goods:

• 7.2.1. the goods purchased have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the provider or manufacturer or which the user expected in view of the nature of the goods and services and on the basis of the advertising carried out by them,
• 7.2.2. the goods purchased are suitable for the purpose indicated for their use by the provider or for which the goods of this kind are usually used,
• 7.2.3. the goods correspond in quality or workmanship to the agreed sample or design, if the quality or design has been determined according to the agreed sample or design,
• 7.2.4. is the goods in an appropriate quantity, measure or weight; and
• 7.2.5. the goods and complies with the requirements of the legislation.

7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall apply mutatis mutandis to the mediation of the ordered services. However, in the case of purchased goods or services sold at a lower price, they shall not apply to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their habitual use, in the case of second-hand goods to a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the user, or if this results from the nature of the goods purchased.

7.4. If the defect occurs within six months of receipt, the goods purchased shall be deemed to have been defective already at the time of receipt. The user is entitled to exercise the right of liability for defects that occur with consumer goods within 24 months of receipt.

7.5. In the event that the purchased goods or the intermediary service has a defect, in particular if one of the conditions under Article 7.2 is not met, you can notify us of such defect and exercise your rights from defective performance (i.e., to complain about the goods or the provision of services) by sending an e-mail or letter to our addresses indicated in our identification data, or through the application. In the exercise of the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice without our consent. We will handle the complaint in accordance with the law applied by you for defective performance.

7.6 If the purchased goods of the Services have a defect, you have the following rights:

• 7.6.1. to remedy the defect by the delivery of new goods without defects, or by the delivery of a missing part of the goods; or
• 7.6.2. to eliminate the defect by repairing the goods,

unless the chosen method of eliminating the defect is impossible or prohibitively expensive compared to the other method, which will be assessed in particular in the light of the significance of the defect, the value that the goods and services would have without the defect, and whether the defect can be eliminated in the second way without considerable difficulty for you. In the event of a complaint about the services provided, it will be dealt with in accordance with the provisions of the Civil Code, directly with the specific service provider.

7.7. We are entitled to refuse to remove the defect if it is impossible or prohibitively expensive, particularly in view of the significance of the defect and the value that the goods would have without the defect.

7.8. Furthermore, you have the right to:

• a reasonable discount on the price; or
• withdrawal from the contract,
  if:
• we refuse to remove the defect or do not correct it in accordance with the law;
• the defect manifests itself repeatedly,
• is the defect a material breach of contract; or
• it is apparent from our statement or circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for you.

7.9. The right to withdraw from the contract does not apply if the defect in the purchased goods or services provided is insignificant.

7:10 a.m. In the event that you have caused a defect in the purchased goods or services provided yourself, the rights from defective performance do not belong to you.

7:11 a.m. The defect of the purchased goods is not the wear and tear of the goods caused by their usual use or, in the case of used goods, wear corresponding to the degree of their previous use.

7:12 a.m. If we do not agree on a longer period, within 30 days of receiving the complaint, we will correct the defects and provide you with information on the handling of the complaint using the contact details provided. If this period expires in vain, you can withdraw from the contract or claim a reasonable discount.

7:13 a.m. We will inform you about the handling of the complaint by e-mail or in the user interface of the application and we will issue you a confirmation of the date and method of handling the complaint. If the claim is justified, you are entitled to reimbursement of the costs expended on purpose. You are obliged to prove these costs, for example by receipts or confirmations of the shipping price. In the event that the defect has been corrected by the delivery of new goods, it is your responsibility to return the original purchased goods to us, however, the cost of this return will be borne by us.

7:14 a.m. If you are a consumer, you have the right to reimburse the rights from defective performance for a defect that occurs in consumer goods and services within 24 months of receipt of the goods.

‍

8. Resolving disputes with consumers

8.1. We are not bound by any codes of conduct in relation to the user within the meaning of section 1826 (1) (e) of the Civil Code.

8.2. We handle consumer complaints through the contact electronic address or through the user interface in the application. Information on complaint handling will be sent to the user's e-mail address or to the user interface in the application.

8.3. The Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz is responsible for out-of-court settlement of consumer disputes arising from the contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the provider and the consumer under a contract concluded by electronic means.

8.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

‍

9. Protection of personal data

The protection of the user's personal data has become so outrageous that it is regulated by a separate document GDPR — the Rules for the Handling of Personal Data.

‍

10. Sending business messages

The User agrees to send information related to the goods, services or business of the Provider to the User's electronic address and further agrees to the sending of commercial communications by the Provider to the User's electronic address.

‍

11. Delivering

11.1. Notices relating to the relationship between the provider and the user, in particular regarding withdrawal from the contract, must be delivered by post in the form of a registered letter or a data message, unless otherwise stipulated in the contract. Notices shall be delivered to the respective contact address of the other party and shall be deemed to have been received and effective at the time of delivery by post, except for a notice of withdrawal made by the user, in which case the withdrawal is effective if the notification is sent by the user within the withdrawal period.

11.2. A notification whose receipt was refused by the addressee, which was not picked up at the time of storage, or returned undeliverable shall also be considered as delivered.

11.3. The Contracting Parties may deliver regular correspondence to each other by electronic mail, to the e-mail address specified in the User's User Account or specified by the User in the Order, or to the address indicated on the Provider's website or by data messages.

‍

12. Final provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the rights of the consumer arising from generally binding legislation.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision is replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the contract or terms and conditions require written form.

12.3. The contract, including the terms and conditions, is archived by the provider in electronic form and is not accessible.

12.4. The Schedule of Withdrawal is attached to the Terms and Conditions.

12.5. Contact details of the provider: address for delivery
BANANA.IT s.r.o., Company ID: 173 80 910, registered office: U Mlýnského 696/6, Karlín, 186 00 Prague 8
e-mail address: info@bananasport.cz
phone +420 776 886 628

12.6. These terms and conditions take effect on 29/6/2023.