Terms and conditions of the eshop
Dixie Gear s.r.o. with its registered office at Čechovo nábřeží 516, 530 03 Pardubice, Czech Republic, identification number: 07948727 for the sale of goods through an on-line shop located at the Internet address www.dixiegear.com
1.INTRODUCTORY PROVISIONS
1.1.These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Dixie Gear s.r.o. with registered office at Čechovo nábřeží 516, 530 03 Pardubice, Czech Republic, identification number: 07948727 (hereinafter referred to as “Seller”) regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at www.dixiegear.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
1.2.The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3.Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.
1.4.The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and terms and conditions are in Czech language. The contract of sale can be concluded in the Czech language.
1.5.The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2.USER ACCOUNT
2.1.Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2.When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3.Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
2.4.The buyer is not entitled to allow third parties to use the user account.
2.5.The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 12 months or if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3.CONCLUSION OF THE PURCHASE CONTRACT
3.1.All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2.The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs of returning the goods if they cannot be returned by the usual postal method. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1.ordered goods (ordered goods are “inserted” by the buyer 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, details of the required method of delivery of the ordered goods and
3.4.3.information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5.Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the “order” button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6.The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.7.The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.8.The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4.PRICE OF GOODS AND PAYMENT TERMS
4.1.The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
by cashless transfer to the Seller’s account No. 359308124/0300 (EUR) or 359308685/0300 (USD), maintained at ČSOB, a.s. (hereinafter referred to as the “Seller’s account”);
by cashless payment card;
by cashless payment gateway GoPay – PayPal, ApplePay, GooglePay.
4.2.Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3.The Seller does not require a deposit or other similar payment from the Buyer.
4.4.In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.5.In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
4.6.Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.7.If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer in respect of payments made on the basis of the Purchase Contract. The Seller is not a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.
5.WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1.The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract of sale for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a contract of sale for the supply of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery, from a contract of sale the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
5.2.Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods.
Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller’s business address or to the Seller’s e-mail address dixiegear@dixiegear.com.
5.3.In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4.In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5.The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.6.In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the time of acceptance of the goods by the Buyer. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.
5.7.If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.
6.TRANSPORT AND DELIVERY OF GOODS
6.1.In the event that the method of transport is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2.If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3.In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4.Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been damaged in any way indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
7.RIGHTS FROM DEFECTIVE PERFORMANCE
7.1.The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2.The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1.the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2.the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3.the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5.the goods comply with the requirements of the legislation.
7.3.The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in used goods corresponding to the level of use or wear and tear the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4.If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
7.5.The Buyer shall assert the rights arising from defective performance at the Seller’s business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6.Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint regulations.
8.OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1.The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2.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.
8.3.The Seller handles consumer complaints via the electronic address dixiegear@dixiegear.com. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s electronic address.
8.4.The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
8.5 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6.The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9.PROTECTION OF PERSONAL DATA
9.1.The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2.The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).
9.3.The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may entrust a third party as a processor to process the Buyer’s personal data. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer’s prior consent.
9.6.The personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7.The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8.Should the Buyer believe that the Seller or the Processor (Article 9.5) is carrying out processing of his personal data which is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he may:
9.8.1.ask the seller or processor for an explanation,
9.8.2.demand that the seller or processor remedy the situation.
9.9.If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10.SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1.The Buyer agrees to send information related to the Seller’s goods, services or business to the Buyer’s electronic address and further agrees to the Seller sending commercial communications to the Buyer’s electronic address.
10.2.The Buyer agrees to the storage of cookies on his computer. In the event that a purchase can be made on the website and the Seller’s obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
11.DELIVERY
11.1.Notifications concerning the relationship between the Seller and the Buyer, in particular concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
11.2 A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be deemed to have been delivered.
11.3.The Parties may deliver ordinary correspondence to each other by electronic mail, to the electronic mail address specified in the Buyer’s user account or specified by the Buyer in the order, or to the address specified on the Seller’s website.
12.FINAL PROVISIONS
12.1.If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
12.3.The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12.4 The sample form for withdrawal from the Purchase Agreement is an annex to the Terms and Conditions.
12.5.Contact details of the Seller: delivery address Dixie Gear s.r.o., Čechovo nábřeží 516, 530 03 Pardubice, Czech Republic, e-mail address dixiegear@dixiegear.com, telephone +420 602 622 400.
In Pardubice on 24.8.2025