Note: this page is a translation of the original Czech Terms and Conditions. The translation is for informational purposes only, and is not a substitute for the original. The original version of the terms and conditions, found here, is the only definitive and official version. Should anything be unclear, please contact us using the means outlined below.
General terms and conditions for the sale of goods
accepted on the day, month and year below
The company HUSKY CZ s.r.o., ID No.: 251 01 625, registered office at Prague 4, Hut'ská 2985/5, Post Code 141 00, a company registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 49748 (hereinafter referred to as the "Seller") hereby issues, in accordance with Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended, these General Terms and Conditions for the Sale of Goods (hereinafter referred to as "GTC").
Purpose of the GTC
1) The purpose of these GTC is to regulate the rights and obligations between the Seller and individual buyers when concluding purchase contracts, the subject of which is the goods offered by the Seller within its online store operated on the website https://www.huskyoutdoor.com.
2) The provisions of these GTC apply to purchase contracts concluded between the Seller as a business and the Buyers as consumers. In the case of purchase contracts concluded between the seller and buyers who are not consumers:
3) If the buyer is an entrepreneur, the proposal for the conclusion of the purchase contract is the sent order of goods by the buyer entrepreneur and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer entrepreneur with this proposal.
Information about the Seller
1) Basic information about the Seller:
|Business name:||HUSKY CZ s.r.o.|
|Registered office:||Prague 4, Hutska 2985/5, Poste Code 14100|
|Court of registration:||Municipal Court in Prague, Section C, Insert 49748|
|Bank account number:||5007008577/5500|
|e-mail delivery address:||firstname.lastname@example.org|
2) Contact details such as postal address for delivery, e-mail and telephone numbers are also listed on the website https://www.huskyoutdoor.com/ under the Contacts tab.
3) The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
For the purposes of these GTC, the following shall apply:
(a) a consumer is any person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes a contract with a business, i.e. for the purposes of these GTC with the Seller, or otherwise deals with the Seller;
(b) the parties to the contract are the seller and the buyer;
(c) a means of distance communication is a means of communication which allows the conclusion of a purchase contract without the simultaneous physical presence of the parties;
(d) the Seller's online shop is a place operated on the website https://www.huskyoutdoor.com which enables the conclusion of a purchase contract between the parties;
(e) the Goods are the products offered by the Seller on its online shop;
(f) the purchase contract is a contractual relationship between the parties, which gives rise to an obligation for the Seller to hand over the goods ordered by the Buyer to the Buyer and for the Buyer to pay the Seller the purchase price for the goods and subsequently to accept them.
The contract of sale
1) The purchase contract is concluded between the parties by means of distance communication, which is the Seller's online shop.
2) The Purchase Contract is concluded by the Buyer selecting the goods in the Seller's online shop https://www.huskyoutdoor.com and placing the selected goods in the shopping cart and entering the required data in the order form and bindingly ordering the goods.
Step 1: Select the goods you wish to purchase
Step 2: Place the selected goods in the shopping cart using the "Add to Cart" button, click on the (x) button to remove the goods from the shopping cart. In the shopping cart you will find all the goods you have selected
Step 3: When you have finished selecting your items, use the "Checkout" button to proceed to the next step
Step 4: Select your shipping and payment method,
Step 5: Fill in the delivery details
Step 6: Check the acceptance of these GTC
Step 7: Finally, double check that the order details are correct.
Step 8: Complete the order by clicking the "Submit Order" button to place a binding order. You will then be redirected to a payment gateway where you will make an online payment for the goods you have ordered.
By ordering the goods, the buyer confirms that he/she has read these GTC, that he/she is bound by them and that he/she agrees to conclude the purchase contract by means of distance communication. The order must be accepted by the Seller. The Seller's acceptance becomes effective and the Purchase Contract is concluded at the moment when his acceptance of the contents of the order reaches the Buyer.
3) The Buyer's order pursuant to paragraph 2) shall be deemed valid if it contains all the prescribed data as stated in the order form.
4) The Seller shall be entitled to request from the Buyer confirmation of the authenticity and truthfulness of the data provided on his order, i.e. authorisation of the Buyer's order, on the basis of which the data in the order will be verified, in particular by written letter, telephone or e-mail. If the Buyer does not respond to the Seller's request for authorisation of the order within ten (10) working days from the date of the Seller's request for authorisation of the order, or if the Buyer refuses to authorise the order, i.e. to confirm the authenticity and truthfulness of all the data on it, the Seller shall be entitled to reject the order and, if the purchase contract has already been concluded, to withdraw from this contract.
5) The costs for the use of remote means of communication incurred by the buyer in connection with the conclusion of the purchase contract (e.g. costs for connection to the Internet) shall be borne by the buyer. The Seller shall not charge the Buyer for the costs of remote communication means.
6) The provisions of these GTC are an integral part of the concluded purchase contract. The Buyer shall receive a copy of these GTC as an attachment to the Seller's acceptance of the contents of the Buyer's order.
7) The Purchase Contract shall be stored with the Seller after its conclusion and shall be accessible to the Buyer upon his request sent to the Seller at the electronic address specified in Article II, paragraph 1) of these GTC, for a maximum period of five (5) years from the effective date of the Purchase Contract.
8) The Buyer shall have the opportunity to check the data already entered before sending the order and, in the event that it is necessary to modify the order on his part, he shall have the opportunity to change the data he has entered in the order until the moment he has completed and bindingly ordered the order.
11) In the event of a technical malfunction of the online shop operated on the website https://www.huskyoutdoor.com, the seller is entitled to refuse the order placed and, if a purchase contract has already been concluded, he is entitled to withdraw from this contract.
1) The object of purchase under the Purchase Contract is the goods specified in the Buyer's binding order.
2) The description of the goods is given in the online shop. The dimensions, weight and other data given in the online shop are based on the manufacturers' data, with the proviso that the manufacturer always reserves the right to make technical changes to the product without prior notice. All information is given according to the latest available data from the manufacturer. By concluding the purchase contract, the buyer confirms that he/she has read the description and characteristics of the goods listed in the online shop.
3) The Buyer is entitled to ask the Seller about individual data related to the goods by e-mail before making a binding order according to Article IV, paragraph 2) of the GTC.
4) The Buyer acknowledges that the pictures of the goods are only indicative and may not correspond to the actual condition of the goods.
5) The Buyer is aware that the purchase of the goods does not confer any rights to use the registered trademarks, trade names, company logos or patents of the Seller, unless otherwise agreed in a specific contract.
1) The purchase price of the goods, including VAT, is stated for each item within the Seller's online shop. The Buyer is obliged to pay the purchase price including VAT and other payments as per paragraph 3).
2) The Buyer is obliged to pay the purchase price for the Goods valid at the time of the effective date of the Purchase Agreement. Until the time of the effectiveness of the Purchase Contract, the Seller is entitled to change the purchase prices listed for individual items of goods in the Seller's online shop at any time and without giving any reason.
4) The Seller's tax document (invoice) issued on the basis of the Purchase Agreement shall also serve as the delivery note.
5) Unless otherwise stipulated by the Seller, full payment of the purchase price is a condition of delivery of the goods to the Buyer. If the purchase price is not duly paid by the buyer before delivery of the goods, the purchase contract shall cease to be effective and the goods shall not be delivered to the buyer.
6) Any discounts granted cannot be added together. The Buyer may only apply one of the discounts at any time during the purchase. The discounts stated in the discount vouchers by the Seller are subject to the description given on the vouchers. Gift vouchers or any price reductions provided by an entity other than the Seller shall also be considered a discount.
Method of payment of the purchase price
through a payment gateway;
more detailed conditions and procedures for the implementation of individual payment methods are listed in the Seller's online store in the For Customers - Delivery and Payment tab.
3) When paying the purchase price via the payment gateway, the buyer is redirected to the online banking of his bank or to a secure payment card site. Once the transaction is completed, the payment gateway will forward the payment information to the seller, who can dispatch the goods as soon as the payment confirmation is received. Sensitive input data entered by the buyer into the internet banking system is protected by the banks' payment gateways and does not enter the third-party environment. The payment processors only see the transaction information that the bank communicates to them with the submitted transaction.
Retention of ownership
The buyer acquires ownership of the goods upon full payment of the purchase price.
Delivery of the goods
1) The goods will be delivered to the Buyer by sending the goods by carrier to the place designated by the Buyer, which is the place specified in the Buyer's binding order under Article IV, paragraph 2) of these GTC; or
2) The Buyer, by confirming the order, agrees to the price for carriage including VAT as stated within the Seller's online shop.
3) The Seller has fulfilled its obligation to deliver the Goods by handing them over to the first carrier for carriage to the Buyer.
4) The Buyer is obliged, in the case of dispatch of the goods via a carrier, to take delivery of the goods at the place designated by the Buyer in his binding order pursuant to Article IV, paragraph 2) of these GTC. The Buyer is obliged to provide the carrier and the Seller with all assistance to enable the goods to be transported and handed over to him. The Buyer is obliged to accept the goods from the carrier properly, to check the integrity of the packaging, the adhesive tape that serves as protection against opening the shipment during transport, the number of packages, and in case of any defects, to notify the carrier immediately. By signing to the carrier, the buyer confirms that the shipment has met all the conditions and requirements mentioned above and the seller will treat any later claim of a breach of the packaging of the shipment on the basis of a signed delivery note in which the buyer confirms the integrity of the outer packaging of the shipment, including the integrity of the original tape and the correct number of packages.
5) Title to the goods shall pass to the Buyer upon receipt of the goods. The risk of damage to the goods passes to the buyer upon receipt of the goods.
8) The Goods will be delivered as soon as possible after the effective date of the Purchase Contract, subject to availability, Seller's operational capabilities and workload, the Buyer's designated delivery location, demand from other Buyers and other factors affecting delivery, but no later than seven (5) business days after the effective date of the Purchase Contract. In the event that the goods are not in stock, the normal time limit shall be extended by the time taken to deliver the goods to the Seller's warehouse. The Buyer acknowledges that in the event of increased demand for the Seller's goods, or in cases of force majeure, the delivery period may be longer than it normally would be.
9) The Buyer shall follow the instructions accompanying the goods or the label when using or applying the goods.
1) The Seller shall be liable to the Buyer for defects in the Goods which manifest themselves as a breach of the Purchase Contract after the Buyer has taken delivery of the Goods within the warranty period (hereinafter referred to as the "Warranty").
2) The warranty period shall be 24 months, unless otherwise provided for in a generally binding regulation, and shall commence from receipt of the goods by the Buyer.
3) The warranty period is not to be confused with the lifetime of the goods, i.e. the period of time for which the goods can last under proper use and care, including maintenance, due to their characteristics, the purpose for which they are intended and the variation in the intensity of their use.
Buyer's rights under liability for defects
1) When selecting goods, it is essential that the goods chosen are exactly suited to the buyer's needs. Before purchasing the goods, the buyer shall take into account the purpose of use, the design, the material composition and the way in which the goods are treated. Only goods that are well chosen in terms of function and product range are likely to fulfil the use value and purpose of the goods.
2) During the entire period of use of the purchased goods, the buyer must pay sufficient attention to the basic rules for the use of the goods. In particular, it is necessary to consider all factors adversely affecting the full functionality and durability of the goods, e.g. excessive intensity of use of the goods, use of the goods for an inappropriate purpose, etc.
3) Another necessary condition for maintaining the good condition of the goods and their functionality is their regular maintenance. It should be remembered that improper or insufficient maintenance of the goods significantly reduces their full functionality and service life.
4) If a defect occurs in the purchased goods within the warranty period, the buyer has the right to claim this defect without undue delay after the defect has appeared. Any delay featuring the continued use of the goods may cause the defect to intensify, depreciate the goods and may be grounds for rejection of the claim.
5) A defect in the goods, which is covered by the rights under the liability for defects, means in particular a change (characteristic) of the goods, which is caused by the use of unsuitable or poor-quality material, failure to comply with technology or unsuitable technology, or unsuitable design.
6) Liability rights for defects do not apply in particular:
(a) to a defect in the goods caused by unprofessional assembly or other unprofessional commissioning of the goods, use of the goods in violation of generally known rules of their use, unprofessional or careless handling of the goods, use of the goods in violation of their purpose or the instructions for use or the instructions given on the packaging or in the warranty card, mechanical damage or wear and tear to the goods, natural changes in the materials from which the goods are made, natural disasters, tampering with the goods, use of the goods in conditions which do not correspond to the environment intended by the manufacturer or which are clearly implied by the nature of the goods;
(b) wear and tear caused by the normal use of the goods;
(c) in the case of goods sold at a lower price, for the defect for which the lower price was agreed;
(d) in the case of second-hand goods, for a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the buyer.
7) The buyer is not entitled to any rights under liability for defects if the seller has warned the buyer before taking delivery of the goods that the goods are defective or if the buyer or a third party has caused the defect.
8) The buyer has the following rights under liability for defects in the goods:
(a) If the defect is one that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner, and the seller must remedy the defect without undue delay. If it is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the goods or, if the defect concerns only a part of the goods, replacement of the part. If such a procedure is not possible, the buyer may demand a reasonable discount on the purchase price or withdraw from the purchase contract.
(b) If the defect is one that cannot be remedied and prevents the goods from being properly used as a non-defective item, the buyer has the right to have the goods replaced or to withdraw from the purchase contract. The same rights shall apply to the buyer if the defects are removable, but if the buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a greater number of defects.
c) If the defects are other irremediable defects and the buyer does not request replacement of the goods, the buyer is entitled to a reasonable discount on the purchase price of the goods or may withdraw from the contract. When granting the discount, the nature of the defect, the degree and manner of wear and tear of the product, the length of its use and the possibilities of further use shall be taken into account.
9) For the purposes of these GTC, the recurrence of a defect after repair shall be deemed to occur if the same defect, which has already been rectified at least twice during the warranty period, recurs. The same defect is a defect which is identical in the characteristics of the goods.
10) Multiple defects are considered to exist if the goods have at least three remediable defects at the same time at the time of the claim.
11) Liability rights under paragraphs 9) and 10) may only be asserted if these defects prevent the goods from being used as free from defects.
12) The Seller shall allow the Buyer to make a claim by completing a claim form. The claim form is an annex to these GTC and can be found in the Seller's online shop under the tab Claims - How to proceed.
13) The Buyer shall assert the rights under the liability for defects with the Seller:
b) by sending the goods to the address HUSKY CZ s.r.o., Prague 3, Na Jarově 2425/4, Post Code 130 00 (at this place it is not possible to exercise the rights of liability for defects in person).
14) The exercise of the right of liability for defects under paragraph 13) is carried out by the buyer to the seller when sending the goods, in particular:
(a) a completed goods claim form, in which the defect in the goods is described in detail, the proposed method of resolving the claim and the e-mail or telephone contact details of the buyer are included. If the defect is not permanent, the conditions under which the defect is manifested must be clearly stated on the goods complaint form. The time limit for the settlement of the claim shall only start from the date of submission of a valid and fully completed claim form by the Buyer to the Seller.
b) proof of purchase of the goods from the seller. Without enclosing proof of purchase of the goods from the Seller, the Buyer must prove by other credible means that the goods complained of were purchased from the Seller and when. The time limit for the settlement of the claim shall only start from the date of presentation of the proof of purchase or from the date of proof of the facts referred to in the previous sentence by the buyer to the seller in another way.
c) the goods complained of. The goods complained of must be complete and, if possible, packed in their original packaging. In the event that the Buyer fails to deliver the claimed goods complete and their completeness is necessary to establish the existence of the claimed defect and/or to remedy it, the time limit for the settlement of the claim shall not begin until the date of delivery of the missing parts. In the case of a complaint under paragraph 13), letter b), i.e. by sending the goods to the Seller, the consignment must be packed in suitable packaging and sent to the Seller as an ordinary consignment clearly marked "COMPLAINT". Please do not send the claimed goods on COD, such shipment will not be accepted.
The time limit for the settlement of the complaint shall only start from the date of submission and delivery of all documents and complete goods as specified in a) to c) of this paragraph. If the goods have been purchased as a set, or as a free 1+1 promotion, they must always be the subject of the complaint as a set and must be presented to the seller as a set.
15) Once the buyer has exercised any of the rights under the liability for defects in the goods, such as the right to have the defect rectified or a discount, he is bound by this manifestation and cannot change the choice of the exercised right, unless he agrees otherwise with the complaints officer or the shop.
16) The Seller shall issue to the Buyer:
(a) upon receipt of the claim, a confirmation of when the Buyer exercised the right of liability for defects, what is the content of the claim and what method of settlement the Buyer requires;
b) after the claim has been settled, a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim (hereinafter referred to as the "claim report"). The Complaint Report shall be delivered to the Buyer together with the goods complained of.
17) The Seller shall be entitled to refuse to accept goods for complaint proceedings that do not comply with the principles of general hygiene, in particular goods that are not clean, free of all impurities and hygienically safe (Decree 306/2012 Coll., on the conditions for the prevention of the emergence and spread of infectious diseases and on the hygiene requirements for the operation of health care facilities and social care institutions).
18) The transport of the claimed goods to the seller is at the buyer's expense and risk, except in the case referred to in paragraph 23).
19) The Seller shall decide on the complaint immediately, in complex cases within three (3) working days. This time limit does not include the time reasonable according to the type of goods required for a professional assessment of the defect. The claim, including the removal of the defect, must be settled without undue delay, at the latest within thirty (30) days from the date of the claim, unless the Seller and the Buyer agree on a longer period.
20) The Buyer shall provide the person handling the complaint with all necessary assistance to verify the existence of the claimed defect and to remove it.
21) The rights of liability for defects in the goods for which the warranty period applies shall expire if they have not been exercised within the warranty period.
22) The Buyer shall be notified by the Seller of the settlement of the claim by email.
23) The Buyer is entitled to compensation for the costs associated with the claim in the necessary amount if the claim has been accepted as justified by the Seller.
Withdrawal from the purchase contract
1) The Buyer has the right to withdraw from the Purchase Contract within a period of fourteen (14) days. The period under the first sentence shall run from the date of receipt of the goods under the purchase contract. In the case of a contract of sale with several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods, or in the case of a contract of sale with a regular recurring delivery of goods, from the date of receipt of the first delivery of goods.
2) By the provision of paragraph 1) the buyer is informed of his right to withdraw from the contract of sale within the meaning of Section 1820(1)(f) of the Civil Code.
3) The seller allows the buyer to withdraw by filling in and sending a withdrawal form. The online withdrawal form is located in the Seller's online shop under the returns tab.
4) If the Buyer withdraws from the Purchase Contract, the Buyer shall send or hand over to the Seller the goods received from the Seller without undue delay, but no later than fourteen (14) days after the withdrawal from the Purchase Contract. If the goods were purchased as a set, a 1+1 free offer, or a gift with the order, they must be returned as a set.
5) The seller may only require the buyer to pay the costs set out in the Civil Code.
6) If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer without undue delay, and no later than fourteen (14) days after the withdrawal from the Purchase Contract, all monies, including delivery costs, received from the Buyer under the Purchase Contract in the same manner.
7) The Seller hereby notifies the Buyer pursuant to Section 1820(1)(g) of the Civil Code that in the event of withdrawal from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods and, in the case of a Purchase Contract concluded by means of distance communication, the costs for the return of the goods if the goods cannot be returned by the usual postal route due to their nature.
8) If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before receiving the returned goods from the buyer, which will be free from obvious defects or damage.
9) The buyer cannot withdraw from the consumer contract in the cases specified in Section 1837 of the Civil Code.
1) The rights and obligations not regulated in these GTC are further governed by the applicable legislation of the Czech Republic, in particular the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended. Any written agreement between the parties differing from the GTC shall prevail over these GTC.
2) These GTC and the individual purchase contracts are drawn up in Czech. The purchase contract may be concluded in Czech.
3) The person responsible for the operation of the online shop operated on the website https://www.huskyoutdoor.com/ is Jiří Gregor, contact details email@example.com.
4) These GTC come into force and effect on 1.9.2021
In Prague on 1.9.2021