Terms and conditions
Initial provisions
These general Terms and conditions (further only referred to as T&C) are valid from 1st October 2020 and adjust the mutual rights and responsibilities that come into being between all of the contractual sides in regards to a purchase on an e-shop www.airsoftshop.cz operated by Jan Šulc – Bohemia Air Soft, Lánovská 1550, 190 16 Praha 21 – Újezd nad Lesy, CZ VAT: 64768830 (further referred to only as the seller).
T&C establish in further detail the rights and responsibilities of the seller and the buyer (the latter being a customer who is also a consumer or a customer who is not a consumer).
The consumer is every person that makes a contract or deals with the seller in another way outside of their business or occupational activities. The buyer, who is not a consumer, is an entrepreneur/a businessperson. The entrepreneur is also every other person that makes contracts in regards to their own business, manufacturing or similar enterprise or in regards to their occupational activities as well as a person that deals with the seller on behalf of an entrepreneur or using an account of an entrepreneur. If the buyer states their VAT number while making an order, it means the buyer also agrees to the entrepreneur T&C.
The seller is an entrepreneur that operates within the seller’s business activities when making and executing a contract.
Every contractual relationship is made in agreement with the Czech legal system. If the buyer is also a direct consumer, all of the relationships not described by the T&C abide by the civil code (no. 89/2012 Sb.) in its valid form and also by the consumer protection law (no. 634/1992 Sb.) in its valid form. If the buyer is not a direct consumer, all of the relationships not described by the T&C abide by the civil code (no. 89/2012 Sb.) in its valid form.
Contract
If the buyer is a direct consumer, the contract proposal (an offer) is the placement of the offered goods on the e-shop by the seller. The contract is done by sending the order by the consumer and receiving it by the seller, who then accepts it by creating an invoice, a receipt, or any other payment document. The contract is not created when any of these two parts of the deal are not finished or are canceled. The automatic email sent to the customer is only for informative purposes and it is not a confirmation of the order nor it is a confirmation of a contract with the seller. The contract made and the agreed price is only allowed to change or cancel based on an agreement of both sides or based on legal reasons.
If the buyer is not a direct consumer, the contract proposal is the order sent by the buyer and the contract is made by the moment when the buyer receives an approval of said order from the seller. This approval is confirmed by the creation of an invoice or any other purchase document, such as a receipt.
The seller reserves a right to cancel the order or a part of it before the creation of a contract in these cases: When the seller is unable to deliver the goods due to reasons created by the third party and/or the goods are no longer being made and/or the price given by the supplier changed dramatically and/or the buyers were unable to provide proof that they fulfill the legal requirements. In case the buyer has paid a part of or the whole price, this amount will be returned immediately to the buyer’s account or address and the contract will not be made.
The seller reserves a right to cancel an order including the goods stated as “Temporarily unavailable”, “Available to order”, “Sale terminated” and similar in case that the goods are unable to be delivered or exchanged for a different model and/or the price has changed and the customer does not accept it before the contract is created. The seller will inform the customer of such a situation. If the customer already paid a part of or the whole order, this amount will be returned to the customer’s account immediately.
Before the order is sent to the seller, the buyer can adjust or change any details added to the order (the goods, details about the customer, delivery options, payment options, etc.) also in order to check and correct the mistakes made during the creation of an order. The order is sent to the seller when the buyer clicks on the button to finish the order.
By creating the contract buyers agree to these T&C and the Return policy, which is a part of these T&C, and confirms that they acknowledged themselves with both these T&C and the Return policy. Buyers are notified enough of these T&C and the Return policy before the creation of a contract and have an option to acknowledge themselves with them in full.
If the order includes goods, which ownership of or their manipulation is legally adjusted by the Czech law or the buyer’s country’s law (e.g. weapons, main weapon parts, ammunition or pyrotechnics) or their export from the Czech Republic/the EU, by placing the order buyers confirm that they meet the legal requirements to buy them. The seller has a right to demand proof that those were met before the contract is made by asking buyers’ documents, e.g. ID, firearms license, ammunition license, documents that buyers’ are allowed to trade weapons and ammunition, weapons export/import license, delivery docket, import/export permit. The seller is at the same time allowed to store (as per the law) copies of said documents. In case of a legal requirement to confirm the age of the buyer, the seller can also ask buyers for the date of birth or other details where the date of birth is included.
If the buyer does terminate the contract or a part of it and a special discount is included within the current purchase of a specific product or service now omitted from the contract by said termination, the buyer is required to pay the seller the remaining amount deducted from the full price by this discount.
A gift voucher is a valuable released by the seller. When the buyer buys a gift voucher and later does not use the full amount it is worth, the remaining value is forfeited. Gift vouchers can only be used to purchase goods and services provided by the seller, they are not exchangeable for cash.
The seller is not responsible for any harm (physical or material) caused to the customer when buying and using a voucher for airsoft or similar event that is caused during the said event or during the transportation to and from the said event by e.g. bad physical/health conditions of the customer, caused by the customer not being cautious, by not respecting the supervisors and organizers of said event and/or by a third party. The risks need to be considered by the customer prior to the purchase of the voucher.
In case of a voucher purchase from a visibly marked third party (different than the seller), the buyer is supplied the voucher and receives the goods or services from a said third party. Conditions of the goods/services delivery and the return policy are those mentioned on the voucher or the T&C of the third party supplying the voucher. The supplier of the voucher could be any Czech or foreign entrepreneur.
If the buyer buys this type of voucher, the seller is not responsible for any harm caused when using the goods/services purchased with the voucher, caused by e.g. bad physical/health conditions of the customer or by the hazardous nature of the goods/services. All of the risks need to be considered by the customer prior to the purchase of the voucher.
All of the unused vouchers and gift certificates (no matter the supplier) are forfeited after the date of expiry without any compensation.
Ownership rights are granted to the buyer only after the full payment is received and confirmed by the seller.
Rights in case of a defective performance
Rights and duties of contractual parties in regards to rights in case of a defective performance abide by respective generally binding regulations (especially § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the bill no. 89/2021 Sb. of the civil code).
The seller guarantees any buyer that the product is without any defects when received. Also the seller guarantees any buyer, that when they receive the product:
- the product has features that both parties agreed on and if there is no prior agreement, the product has feature as described by the seller in assortment or features expected by the buyer in regards to the function of the product or the advertising by the seller
- the product is suitable for the function and operation as mentioned by the seller or the ones this product is generally used for
- the product’s quality or appearance fits the sample or template if the quality and/or appearance were set by a sample or a template
- the product is in agreed amount, size or weight
- the product does meet the legal requirements as per the Czech law
If the product does not have these features, the customer may require a brand new product with no defects, unless it is inadequate with regards to the defect. If the defect affects only a part of the product. the customer may require only an exchange of the part and if it is not possible, the customer may terminate the contract entirely – if that is inadequate with regards to the defect, especially since the defect can be fixed immediately, the customer has a right that the product is repaired immediately where the circumstances and the nature of the defect allow. The right to receive a brand new product or an exchange of a defective part for another one (even when it is repairable) the customer also has in case of a returning defect (4 and more consecutive accepted warranty repairs on the same thing) or in case of more defects (3 and more consecutive accepted warranty repairs on the same thing). In such case the customer may also terminate the contract.
If the customer does not terminate the contract or does not use the right to receive a new product/part instead or to get the product repaired, the customer may request aa adequate discount. The customer also has a right to receive an adequate discount in case that the seller is unable to provide a brand new product or its part without a defect or is unable to repair the product or its part; also this applies when the seller has been unable to repair the product in time required by the law (or an adequate time after an agreement with the customer) or when the correction would be problematic for the customer.
Rights in case of a defective performance do not apply when:
- the buyer knew about the defect before the purchase or the buyer caused the defect
- the product was sold with a defect and this defect caused the current defect
- the wear and tear caused by a regular usage of the product
- the declared lifespan of the product expired
- the defect on the used product is caused by the amount of wear and tear the product had in time of the purchase by the buyer
- it is affected by the nature of the product (e.g. it is a consumable)
The customer is allowed to exercise the right in case of a defective performance with new consumables within 24 months from receiving them. If the defect manifests within six months from receiving it, the product is considered faulty at the time of receiving unless proven otherwise. The product is considered newish when it was showcased or used before for a short period of time, while it can bear marks of such usage that has no effect on the functionality and operation of the product and the product is working perfectly fine. Used goods are those that has been used and bear marks of such usage, however it is working perfectly fine and all the necessary accessories are present within the package.
The period when the customer can use the right in case of a defective performance is decreased in case of a newish product to 21 months (as per §2168 of civil code) and in case of a used product to 12 months from the moment of receiving the product.
The quality warranty to the buyer who makes the purchase as part of the buyer’s business enterprise is of the same length as if a direct consumer made the purchase, unless agreed otherwise in the contract or within the specification of certain goods.
If the buyer does not report the defect to the seller immediately after the buyer could have (during an early check and with enough care) found out about it, the seller has a right to refuse the right in case of a defective performance on the buyer’s side. If the defect is hidden, same conditions apply when the defect is not reported immediately by the buyer after the buyer could have found out about it.
The processing period for returns is paused in case that the seller did not receive all the goods/details necessary to process the return (e.g. some essential parts or accessories of the product, documents about the purchase of the product, etc.). The seller is required to request these things from the buyer as soon as possible. The return processing period is paused from that day onward until the essential parts are received by the seller.
Other rights and duties of parties involved in the defect responsibilities of the seller are described in the Returns policy.
With gifts that are given for free none of the customer rights apply. This type of a product meets the requirements of a donation agreement and abide by the valid legal requirements for a donation. The donation agreement is made between the buyer and the seller with a termination clause that in case of the termination of a contract, the buyer is required to return the gift as well as the goods.
Termination of the contract in case of a defective performance: The buyer cannot terminate the contract or demand a brand new product instead in case the buyer is unable to return the product in the same state as the buyer received it in. This does not apply when:
- the state of the product changed after a necessary check due to the defect
- the product or its parts were used before the discovery of the defect.
Declared lifespan
The buyer has a right to declare the technical lifespan of products or product categories based on technical specifications given by the manufacturer, considering the product is being used and stored as per the user manual.
The lifespan of the internal parts of manual spring loaded airsoft guns and gas operated airsoft guns made from both plastic and/or metal affected by wear and tear, such as bolts, springs, cylinders, pistons, piston holders, trigger and safety assemblies, chambers and hop-up chambers as well as the internal parts of magazines and barrels, is 5000 rounds.
The lifespan of mechanical and electric of AEGs made from both plastic and/or metal affected by wear and tear, such as gearboxes, internal parts of gearboxes, motors, cables, hop-up chambers, barrels and recoil imitation systems, is 30 000 rounds with 1.6J energy, 15 000 rounds with energy between 1.6-2.2J and 7 000 rounds with energy above 2.2J. The lifespan of trigger contacts, mos-fet and electronic processing units as well as electromotor carbons, is 5 000 rounds.
The lifespan of rubber internal parts and other internal parts made from soft plastic, such as O-rings, pistons heads or cylinder heads, hop-up rubbers, is 5 000 in all airsoft gun types.
The lifespan of batteries is declared 6 months.
The lifespan of gases is 6 months.
The lifespan of airsoft BBs made from plastic is 6 months. The lifespan of BIO airsoft BBs is 3 months of storage in a never opened package (as per guidelines) from the day of purchase or 1 month of storage in an opened package from the day of opening, whichever comes first.
Prices
All of the prices are contractual. All the prices on our e-shop are valid and up-to-date. Prices are being made public as final with VAT, the VAT amount is then explained in the order recap. Special offer prices are valid until the product is sold out or until the end of the special offer. Errors in prices are reserved.
Registered sale
The seller needs to print out a receipt for the customer as per the bill no. 112/2016 Sb., about the registered sale, in its later wording (further referred to only as the EET law). The seller also needs to register the sale with the online tax administrator; in case of an internet outage up to 48 hours after the sale.
The seller issues the invoice/receipt as instructed by the EET law in a printed or electronic form via email based on the payment and delivery method.
Making an order, verifying an order
Buyers have an option to buy products on their own or with an assistance from the seller’s employees:
- via the seller’s e-shop (www.airsoftshop.cz/)
- via email sent to objednavky@airsoft.cz
- in person in store
- by phone using the phone numbers from the Contacts section of the seller’s website
The buyer does agree with potential expenses (using a paid internet connection or a phone) when making an order at a distance.
Before the distant-made-order confirmation the seller will verify the order with the buyer. The verification is made via a phone call to the contact number of the buyer. In case the seller is unable to reach the buyer on the phone, the buyer is notified then to finish the verification via a text message or email. Orders made by an already verified customer are automatically considered as verified. Orders to be collected personally at the store or paid beforehand via a bank transfer do not need verification unless there are further complications.
The order verification is used to check if the legal requirements are met when it comes to the purchase and ownership of certain products (as per the Czech law), to double-check the contact details of the customer, to double-check the order itself and to confirm the payment and delivery method.
Payment conditions
The seller accepts following payment methods as well as their combinations:
- cash payment at the time of the purchase or in advance as a deposit for goods and services
- debit or credit card payment via a payment terminal or online
- advance payments via bank transfer onto the seller’s bank account in CZK, EUR or USD
- invoice payments (only in specific cases)
- payment in installments (only in specific cases)
- gift voucher payment
If the buyer chooses to collect the goods in person in store of the seller and pays in advance (the payment method does not matter), the seller has the right to verify the identity of the buyer by checking the buyer’s ID.
Delivery conditions
The seller prepares the goods for in store collection by the buyer as soon as possible. The buyer is being informed about the delivery status continuously.
The goods are being shipped by the post or other delivery companies. Delivery fees are available to check in the delivery options part during the checkout. Certain destinations allow deliveries of certain value and weight without any fees.
The seller is not responsible for any damage caused to BBs or gas tanks when these are being shipped along with other goods or more pieces in one delivery, unless it is a carton of them.
If some of the ordered goods is not in stock and the buyer agrees with splitting of the delivery, the buyer then covers the shipping cost of every delivery.
Packaging fees are not charged.
Goods ordered for in store collection can only be collected on the address of the seller’s store (the seller is unable to deliver them to any other partner).
If the goods are being sent outside of the Czech Republic, the buyer takes the responsibility of fulfilling every legal requirement of the country of delivery. In case the delivery will be unavailable due to an action of local authorities, the buyer covers every expense for an unsuccessful delivery, return of the goods or damage. If the local authorities confiscate the goods or destroy them due to the legal requirements not being met, the seller considers the contract to be completed and all the damage is covered by the buyer.
Unclaimed deliveries
If the delivery returns to the seller as undelivered/unclaimed, the seller will immediately inform the buyer (via email, text message or phone – based on the contact information provided) along with a request to find out what to do with the order.
In case the buyer requests the goods to be resent and the first failed collection was not a fault of the seller or the delivery service, the buyer will be charged additional shipping fee. If the delivery is unclaimed again and again it is not a fault of the seller or the delivery company, the seller will resend the goods only after a bank transfer payment is made in advance and only once the seller receives the payment.
If the customer ignores the uncollected/unclaimed delivery inquiry or refuses to claim the delivery, the order will be cancelled. In such case the customer needs to pay the next order in full in advance via bank transfer with a cancellation fee of 200 CZK for the previous order.
The right to withdraw from the contract
If the contract is made via distance-based service (online store), the customer has the right (as per § 1829 par. 1 of civic code) to withdraw from the contract within 14 days since receiving the product without stating any reason. The resolution needs to be sent within the 14 days limit to the seller otherwise it is invalid.
If the customer wishes to withdraw from the contract within 14 days since the purchase, the customer needs to contact the seller ideally in a written form and inform the seller about the withdrawal from the contract and also attach the order number, date of purchase and a bank account number to return the payment to, all with the returned product. Money can be also returned in cash at the store or the repair shop, although only after a previous agreement. If the payment was made by a credit/debit card, the money could be returned only to that particular card based on conditions set by the card’s distributor.
To withdraw from the contract the customer could use a return form provided by the seller. The withdrawal from the contract could be sent to the address of the seller as well as to an email address of the seller objednavky@airsoft.cz.
In case the customer decides to withdraw from the contract as mentioned above, the seller will refund the customer (excl. an amount used for additional expenses caused by the customer not using the least expensive delivery and payment option; if the customer returns only a part of the order, delivery expenses are not returned) within 14 days since the return of the product by a bank transfer. The seller is also entitled to provide another solution for the customer upon receiving the product back if the customer agrees.
The right to withdraw from the contract however should not be considered as a mean of lending the product for the customer to use and return. The product needs to be returned unused, complete with a complete documentation, clean, undamaged and in an undamaged original cover – in shape and value the customer originally received it.
The customer (while using the right to withdraw from the contract within 14 days since receiving the product) needs to return to the seller (within 14 days of withdrawal from the contract) everything the customer received with the product, including its original cover (this means the cover the product is sold in by standard, not an additional box/envelope or other packaging used to protect the product from damage during the delivery) and/or the parts the customer would like to return to the seller. The customer is not allowed to damage the original product cover aside from gentle opening to reach the product or to alter it in any way. The product in its original cover then needs to be put in an additional protective layer for transport in order to avoid any damage.
If the product has been destroyed or consumed in the meantime, the customer would be obliged to provide a financial reimbursement for what cannot be returned to the seller. If the returned product is damaged or partially consumed, the seller could use the right to demand a compensation for the damage and reduce the returned amount by this. In this case the seller is required to prove that the amount is adequate.
If only a part of the order is returned and the seller provided a discount on remaining goods when purchased with returned items, the seller is obliged to reduce the reimbursed money by this amount.
The seller can also reduce the returned amount by any amount used in order to return the product into its original state, the amount needs to be justified to the customer. The customer guarantees the full amount required with the return of the product.
The customer does not have the right to withdraw from the contract in accordance with § 1837 of the civic code in case of following contracts:
- After providing service agreed upon by the customer and the seller prior to the end of the 14 days withdrawal of the contract period when the seller previously informed the customer that this would mean the loss of the right to withdraw from the contract
- Of a product or service where its cost relies on the financial market deviations independently on the will of the seller and which can happen during the 14 days withdrawal from the contract period
- When delivering a product altered to fit the customer’s specification or specific needs
- When delivering a product that decays fast or that was mixed with another product upon delivery
- For a repair or maintenance done on a place chosen by the customer on the customer’s request; this does not apply in case of later further non-requested repairs or alterations or further delivery of non-requested spare parts
- Delivery of a product packed in a cover and the customer removed the product from it making it unreturnable based on hygienic standards
- Delivery of a sound or video recording or a computer software where the customer damaged its cover/packaging
- Delivery of newspapers, magazines and other printed media
- Accommodation, transport, alimentation or free-time activities provided by the entrepreneur on a set date
- Made after a public auction as per the public auction Bill
- Digital media delivered on a non-tangible media and agreed upon by the customer prior to the end of the 14 day withdrawal from the contract period and the entrepreneur informed the customer in advance that this would lead to the loss of the right to withdraw of the contract
In case that the right to withdraw from the contract is unjustified or does not meet the requirements stated above, the customer is required to fully cover any expenses of the seller required for the return delivery of the product back to the customer.
Guns and ammunition
Airsoft and air guns/ammunition in our offer are according the Czech gun law the non-registered guns/ammunition. To buy them and their main parts are allowed only person in age of 18 years or older with non-limited personal responsibility. The guns and ammunition are tested by Czech Guns and Ammunition Testing House. The buyer is responsible to follow the legal conditions to own/import guns/ammunition in his country of residence.
Warranty
We provide 24 months limited warranty for production caused malfunction of the goods which has the products at the time of purchase according the Czech law. The warranty on used items is 12 months. The warranty do not cover malfunctions caused from other than production reasons. It means mainly the malfunctions caused by user them self or by third power, by improper use or by wear down. The items with warranty malfunctions will be repaired or replenished (depends what will be economical). In case that repair or replenishment will not be possible we will give the money back or offer another goods if buyer agree. Warranty do not cover international postage or shipping fee.
Regarding the warranty and service contact us on e-mail: servis@airsoft.cz
Return policy
We accept return of not used goods during 14 days period according the Czech law for the business cases made inside the territory of Czech Republic. We accept international return of the not used goods only in before spoken cases. The buyer must cover all expanses with international return including (postage or shipping fee, all bank charges, etc.).
Regarding the return contact us on e-mail: bas@airsoft.cz
Wholeasale
We welcome business partners, distributors and shops to buy the goods for our company no matter on quantity, size or value of your orders. We can deliver you from singe item to full container.
Contact our staff on e-mail: obchod@airsoft.cz to provide you our export pricelist. Notice that we will ask you for electronic copy of your company registration and VAT No. (only for EU clients which has such registration) before we will send you our export pricelist. Some items can be excluded from our export offer for specific regions and countries according the law or distribution agreements.
Private policy
Personal data about customers are processed and stored in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons (GDPR) and the legislation of the Czech Republic, in particular with Act No. 101/2000 Coll. about protection of personal data, as amended.
The buyer has the right of access to his / her personal data, the right to correct them, including other legal rights to such data. Personal data can be removed from the database at the customers request. Customers personal data is secured against misuse. Customers personal data the seller does not pass any other person without their consent. The exception is represented by external carriers who needs the limited personal data of the customers to proceed the delivery of goods and the banking companies in connection with the execution of the respective payments by credit card, web payment gate or bank transfer and, where applicable. The customers personal data may be also shared with the supplying entities, if necessary to solve the complaint process.
Individual sales contracts and related documents are archived in electronic or written form after their conclusion by the seller and are accessible only to authorized persons - the customer, the operator of the shop and the authorities of the Czech Republic in accordance with valid legislation.
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