General Terms and Conditions
General Terms and Conditions
ASOCIACE WESTERNOVÝCH STŘELCŮ, spolek – e-shop
1. Basic Provisions
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) are issued in accordance with Section 1751 et seq. of Act No 89/2012, the Civil Code (hereinafter referred to as the “Civil Code”), for the sale of products and services via an on-line shop at www.casscoring.com, the content of which is operated by the Seller, i.e. Asociace westernových střelců, spolek (“Association of Western Shooters”), having its registered office at Havlíčkovo náměstí 189/2, Praha 3, registration number 683 83 096.
contact details: Jan Gaszczyk
email: gaszczyk@telfin.cz
phone: + 420 777 776 066
website: casscoring.com (hereinafter referred to as the “Seller” or “Operator”).
The technical aspects of the www.casscoring.com website are operated by G.B.C., a.s., having its registered office at Havlíčkovo náměstí 189/2, Praha 3, registration number 60725796 (hereinafter referred to as the “Technical Operator”).
1.2. These GTC govern the mutual rights and obligations of the Seller and a natural person entering into a purchase contract outside the scope of any business activity he or she may have, i.e. as a consumer (hereinafter referred to as the “Buyer”) via the web interface on the website at www.casscoring.com (hereinafter referred to as the “E-shop”).
1.3. The provisions of these GTC constitute an integral part of the purchase contract. Derogations in the purchase contract prevail over the provisions of these GTC.
1.4. These GTC and the purchase contract are entered into in the Czech language.
1.5. If the subject of the sale is a third-party service not provided by the Seller acting as the organiser, such as the booking of accommodation provided by a third party, meal vouchers, organisational services, and the arrangement of other conditions for participation in a sports or cultural event organised and hosted by a third party, the Seller, as the Operator of the E-shop, only provides the Buyer with the possibility to purchase the third-party services listed in the E-shop via a payment gateway solution; the E-shop Operator assumes no liability whatsoever for the fulfilment of the obligations of third parties – providers of accompanying services (accommodation, camping sites, parking, storage facilities, catering services, sanitary facilities, security, etc.).
2. Information on Products and Pricing
2.1. Information on products, services, or other offerings that are the subject of the sale, including the pricing of each product and a description of its main characteristics, is provided online for each product, service, and other offering in the E-shop’s catalogue. Product prices are listed inclusive of value added tax, all related fees, and the cost of returning the products if they cannot, by their nature, be returned via the normal postal route. Product prices remain valid for as long as they are displayed in the E-shop. This provision does not preclude the negotiation of a purchase contract under individually agreed terms.
2.2. All product presentations contained in the E-shop’s catalogue are for informational purposes only; the Seller is under no obligation to enter into a purchase contract in respect of such products or services.
2.3. Information on the costs associated with the packaging and delivery of products is published in the E-shop. Information presented in the E-shop on the costs associated with the packaging and delivery of products applies only to cases where the products are delivered within the Czech Republic.
2.4. Any discounts offered on the purchase price of a product cannot be mutually combined, unless otherwise agreed between the Seller and the Buyer.
3. Purchase Order and Purchase Contract
3.1. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs, payment costs) are borne by the Buyer.
3.2. The Buyer may place orders for products in the following ways:
3.2.1. via a customer account, if the Buyer has previously registered with the E-shop;
3.2.2. by filling in the online order form without having to register.
3.3. When placing an order, the Buyer selects the product, the number of items, the payment method, and the method of delivery (shipping).
3.4. Prior to sending the order, the Buyer is given the opportunity to check and change the details entered in the order. The Buyer sends the order to the Seller via the “Complete registration here” button. The information provided in the order is assumed by the Seller to be correct. For an order to be valid, the Buyer must fill in all mandatory details in the order form and confirm that he/she has read these GTC.
3.5. Upon receipt of the order, the Seller promptly sends a confirmation email of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is an automatic email and does not mean that a contract has been entered into. The confirmation is accompanied by the Seller’s current GTC. A purchase contract is not concluded until the Seller has accepted the order. Notification of the Seller’s acceptance of the order is delivered to the Buyer’s email address.
3.6. If any of the requirements specified in an order cannot be met, the Seller sends a revised offer to the Buyer’s email address. The revised offer is deemed to be a new draft purchase contract; the purchase contract is then concluded if the Buyer confirms the acceptance of this offer to the Seller at the email address provided in these GTC.
3.7. All orders accepted by the Seller are binding. The Buyer may cancel an order until notification of the Seller’s acceptance of the order is delivered to the Buyer. The Buyer may also cancel an order by calling the phone number or sending an email to the Seller’s email address indicated for the specific facility where the Buyer is placing the order.
3.8. If an obvious technical error has occurred on the part of the Seller when listing the price of a product in the E-shop or in the course of the ordering process, the Seller is not obliged to deliver such product to the Buyer for this manifestly erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these GTC. An obvious technical error is also considered to be a price that is disproportionately low compared to the normal pricing of the product in question. The Seller notifies the Buyer of the error without undue delay and sends a revised offer to the Buyer’s email address. The revised offer is deemed to be a new draft purchase contract; the purchase contract is then concluded if the Buyer sends confirmation of acceptance to the Seller’s email address.
4. Customer Account
4.1. After registering with the E-shop, the Buyer may access his/her customer account. The Buyer may order products and services from this customer account. The Buyer may also order products and services without having to register.
4.2. When registering for a customer account and when ordering products, the Buyer is obliged to enter all information correctly and truthfully. whenever there is any change in the information provided in the customer account the Buyer is obliged to update it. The information provided by the Buyer in the customer account and when ordering products is assumed by the Seller to be correct.
4.3. Customer account access is secured with a username and password. The Buyer is obliged to keep the information necessary to access his/her customer account confidential. The Seller is not responsible for any misuse of the customer account by third parties.
4.4. The Buyer must not allow third parties to use the customer account.
4.5. The Seller may close the customer account, in particular, if the Buyer does not use it for more than one year, or if the Buyer breaches obligations under the purchase contract or these GTC.
4.6. The Buyer acknowledges that the customer account may not be available at all times, especially when the Seller’s or third-party hardware and software require essential maintenance.
5. Payment Terms and Delivery of Products
5.1. The Buyer may pay the price of a product and any costs associated with the delivery of the product as per the purchase contract in the following ways:
5.1.1. by wire transfer to the Seller’s bank account, which is always listed at the organiser of the facility where the Buyer is placing the order;
5.1.2. by credit or debit card;
5.1.3. by wire transfer to the Seller’s account via the Comgate payment gateway.
5.2. The purchase price cannot be paid in cash, even if the product is picked up in person at the collection point.
5.3. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the product in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the product; these are included in the purchase price.
5.4. The purchase price is payable within five days of the conclusion of the purchase contract.
5.5. If payment is made via a payment gateway, the Buyer follows the instructions of the electronic payment provider.
5.6. If payment is made in cashless form, the Buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s bank account.
5.7. The Seller does not require any deposit or other similar advance payment from the Buyer. Payment of the purchase price prior to shipment is not a deposit.
5.8. The Sales Registration Act requires the Seller to issue the Buyer with a receipt. The Seller is also obliged to register sales revenue with the tax authority online, or, in the event of a technical failure, within 48 hours.
5.9. If the Buyer fails to pay the purchase price within five days of the date on which the Seller confirms the order, the purchase contract is deemed to have lapsed upon expiry of that period.
5.10. The product is delivered to the Buyer as follows:
5.10.1. to the address specified by the Buyer in the order;
5.10.2. via a parcel pick-up point, i.e. to the address of the parcel pick-up point designated by the Buyer.
5.11. The Buyer chooses the method of delivery during the ordering process.
5.12. The cost of product delivery depends on the method of product shipment and receipt and is indicated in the Buyer’s order and in the Seller’s confirmation of the order. If the shipping method is agreed on the basis of a special Buyer request, the Buyer bears the risk and any additional costs associated with that shipping method.
5.13. If the purchase contract requires the Seller to deliver the products to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the product upon delivery. If, for reasons on the part of the Buyer, the product needs to be delivered repeatedly or in a manner other than that specified in the order, the Buyer is obliged to cover the costs associated with the repeated delivery of the product, or the costs associated with the different method of delivery.
5.14. Upon taking delivery of the product from the carrier, the Buyer is obliged to check the integrity of the product packaging and, if any defect is found, to notify the carrier immediately. If the packaging is found to have been damaged in a way that indicates unauthorised access to the parcel, the Buyer does not have to accept the parcel from the carrier.
5.15. The Seller issues a document – a purchase order – to the Buyer. That document is sent to the Buyer’s email address.
5.16. The Buyer becomes the owner of the product upon payment of the full purchase price for the product, including delivery costs, but not before taking delivery of the product.
5.17. Liability for accidental destruction, damage, or loss of the product passes to the Buyer at the moment the Buyer takes possession of the product or at the moment the Buyer should have taken possession of the product but failed to do so in violation of the purchase contract.
6. Withdrawal from Contract
6.1. If the Buyer enters into the purchase contract outside the scope of his/her business activity, i.e. as a consumer, he/she has the right to withdraw from the purchase contract.
6.2. The cooling-off period is 14 days:
6.2.1. from the date of receipt of the product;
6.2.2. from the date of receipt of the last product delivery, if the subject of the contract comprises several types of products or the delivery of several parts;
6.2.3. from the date of receipt of the first product delivery, if the subject of the contract is regular recurring product delivery.
6.3. The Buyer may not, inter alia, withdraw from the purchase contract if it concerns:
(a) the provision of services, if they have been rendered with the Buyer’s prior express consent before the cooling-off period expires;
(b) the delivery of a product or service whose price depends on financial market fluctuations beyond the control of a business undertaking which may occur during the cooling-off period;
(c) the delivery of alcoholic beverages which may only be delivered after thirty days and whose price depends on financial market fluctuations beyond the control of a business undertaking;
(d) the delivery of a product that has been customised by or for the consumer;
(e) the delivery of a perishable product or a product which has been irreversibly mixed with other products after delivery;
(f) repairs or maintenance carried out at a place designated by and at the request of the consumer; however, this does not apply to subsequent repairs other than those requested or to the supply of spare parts other than those requested;
(g) the delivery of a product in sealed packaging, where the product has been removed from such packaging by the consumer and cannot be returned for hygiene reasons;
(h) the delivery of an audio or visual recording or software, if the original packaging has been breached;
(i) the delivery of newspapers, periodicals, or magazines;
(l) the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the consumer before the cooling-off period expires and the business undertaking has informed the consumer before the conclusion of the contract that, in an event such as this, the consumer has no right to withdraw from the contract, and in other cases referred to in Section 1837 of the Civil Code.
6.4. In order to keep to the cooling-off period, the Buyer must send a notice of withdrawal within the cooling-off period.
6.5. To withdraw from the purchase contract, the Buyer may use the standard contract withdrawal form provided by the Seller. The Buyer sends the notice of withdrawal from the purchase contract to the Seller’s email or service address specified in these GTC. The Seller confirms receipt of the form to the Buyer without undue delay.
6.6. Upon withdrawing from the contract, the Buyer is obliged to return the product to the Seller within 14 days of such withdrawal. The Buyer bears the costs of returning the product to the Seller, even if the product, by its nature, cannot be returned by the normal postal route.
6.7. If the Buyer withdraws from the contract, the Seller refunds to the Buyer, without undue delay, but in any event within 14 days of withdrawal, all monies, including delivery costs, received from the Buyer, in the same manner in which they were received. The Seller only makes refunds to the Buyer by other means if the Buyer agrees to this and if no additional costs are incurred in that way by the Buyer.
6.8. If the Buyer chooses a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller refunds to the Buyer the cost of delivery of the product in an amount corresponding to the cheapest method of delivery offered.
6.9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to make a refund to the Buyer until the Buyer surrenders the product to the Seller or proves that the Buyer has shipped the product to the Seller.
6.10. The product must be returned to the Seller undamaged, unused (it may only have been used to the extent necessary to check for any defects), free from wear and tear, free from soiling and, if possible, in its original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage to the product against the Buyer’s claim to a refund of the purchase price. If the Buyer, as a consumer, uses the product within the 14-day cooling-off period and then returns it, the Buyer bears the costs incurred by the Seller in connection with the wear and tear of the product.
6.11. The Seller is entitled to withdraw from the purchase contract if stocks are sold out, if the product is unavailable, or if the manufacturer, importer, or supplier of the product has discontinued production or import of the product. The Seller notifies the Buyer thereof without undue delay via the email address provided in the order and, within 14 days of notification of withdrawal from the purchase contract, refunds all monies, including delivery costs, from the Buyer under the contract in the same manner in which they were remitted or in the manner specified by the Buyer.
7. Rights Arising from Defects
7.1. The Seller is liable to the Buyer for the product being free from defects upon receipt. In particular, the Seller shall be liable to the Buyer for the fact that, at the time the Buyer takes possession of the product:
7.1.1. the product has the characteristics agreed between the parties and, in the absence of such agreement, the product has the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the product and on the basis of the advertising carried out by them, and the product is fit for the purpose for which the Seller states it is used or for which products of that kind are customarily used;
7.1.2. the product is consistent in quality or workmanship with the specimen or model agreed upon, if the quality or workmanship is determined by reference to such specimen or model;
7.1.3. the product is of the corresponding quantity, measure, or weight; and
7.1.4. the product complies with statutory requirements.
7.2. The Seller has obligations arising from defects at least to the extent that the manufacturer’s obligations arising from defects persist. The Buyer is otherwise entitled to exercise the right to claim for a defect occurring in a consumer product within twenty-four months of taking possession of that product.
7.3. If the time period for which the product may be used is indicated on the product being sold, on its packaging, in the instructions accompanying the product, or in advertising in accordance with other legislation, the provisions regarding the quality guarantee apply. With the quality guarantee, the Seller undertakes that the product will be fit for its normal purpose or that it will retain its normal properties for a certain period of time. If the Buyer rightfully complains to the Seller about a defect in the product, the time limit for exercising rights arising from defects and the guarantee period are interrupted for the time during which the Buyer is unable to use the defective product.
7.4. The provisions set out in the preceding paragraph of these GTC do not apply to products sold at a lower price due to a defect for which the lower price was agreed, due to the wear and tear of products caused by their normal use, in the case of second-hand goods due to a defect consistent with the level of use or wear and tear of products upon receipt by the Buyer, or if this results from the nature of the products. The Buyer has no right arising from defects if the Buyer knows before taking possession of the product that the product is defective or if the Buyer caused the defect him/herself.
7.5. In the event of a defect, the Buyer may submit a claim to the Seller and demand:
7.5.1. an exchange for a new product;
7.5.2. the repair of the product;
7.5.3. a reasonable discount on the purchase price;
7.5.4. withdrawal from the contract.
7.6. The Buyer has the right to withdraw from the contract if:
7.6.1. the product has a material defect;
7.6.2. the Buyer is unable to use the item properly due to the recurrence of a defect or defects following repair;
7.6.3. the product has a large number of defects.
7.7. A breach of contract is a material breach if the breaching party knew or must have known that the other party would not have entered into the contract had it foreseen that breach.
7.8. Where a defect constitutes a minor breach of contract (irrespective of whether or not the defect is remediable), the buyer is entitled to have the defect remedied or to receive a reasonable discount on the purchase price.
7.9. If a remediable defect occurs repeatedly after a repair (usually the third claim for the same defect or the fourth for different defects) or if the product exhibits a large number of defects (usually at least three defects at once), the Buyer has the right to claim: (i) a discount on the purchase price; (ii) the exchange of the product; or (iii) withdrawal from the contract.
7.10. When making a claim, the Buyer is obliged to notify the Seller of the option chosen. A change of such option without the Seller’s consent is possible only if the Buyer has requested the repair of a defect that proves to be irremediable. If the Buyer fails to exercise his/her right arising from a material breach of contract in time, the Buyer has the same rights as in the case of a minor breach of contract.
7.11. If a product repair or exchange is not possible, the Buyer may demand a full refund of the purchase price as a result of withdrawing from the contract.
7.12. If the Seller proves that the Buyer knew about the product defect prior to taking possession or caused such defect him/herself, the Seller is under no obligation to accept the Buyer’s claim.
7.13. The Buyer cannot file a claim on a discounted product for the reason for which the product has been discounted.
7.14. The Seller is obliged to accept a claim in the manner provided for in these GTC. The Seller is obliged to issue the Buyer with written confirmation of when the Buyer exercised the right, what the content of the claim is, and what method of claim settlement the Buyer is seeking, and confirmation of the date and method of claim settlement, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.
7.15. The Seller or a staff member authorised by the Seller takes a decision on the claim immediately, or within three working days in complex cases. The reasonable time – depending on the type of product or service – needed for a professional assessment of the defect is not included in that time limit. A claim, including the remediation of the defect, must be settled without undue delay, and in any event within 30 days of the date on which the claim is made, unless the Seller and the Buyer agree on a longer period. Expiry of this time limit without result is considered to be a material breach of contract entitling the Buyer to withdraw from the purchase contract. The moment a claim is made is considered to be the moment the Buyer’s expression of will (i.e. the exercise of the right arising from defects) reaches the Seller.
7.16. The outcome of the claim is notified to the Buyer in writing by the Seller.
7.17. The Buyer has no right arising from defects if the Buyer knows before taking possession of the item that it is defective or if the Buyer caused the defect him/herself.
7.18. If a claim is justified, the Buyer is entitled to compensation for costs efficiently incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month of expiry of the guarantee period, otherwise it may be denied by a court.
7.19. The method used to file a claim is at the Buyer’s discretion.
7.20. The parties’ rights and obligations with respect to rights arising from defects are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and by Act No 634/1992 on consumer protection.
7.21. Other rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s Claims Procedure.
8. Service
8.1. The parties may serve any and all written correspondence on each other by electronic mail.
8.2. The Buyer serves correspondence on the Seller at the email address indicated in these GTC. The Seller serves correspondence on the Buyer at the email address indicated in the Buyer’s customer account or in the order.
9. Personal Data
9.1. All information provided by the Buyer when working with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Seller will not use the Buyer’s data in any way other than for the purposes of contractual performance, with the exception of the Buyer’s email address, to which commercial communications may be sent, as this procedure is permitted by law, unless expressly refused. Such communications may relate only to similar or related products and the Buyer may unsubscribe from them at any time by a simple action (sending a letter or email, or clicking on a link in a commercial communication). The email address will be retained for this purpose for a period of three years from the conclusion of the last contract between the parties.
9.2. More detailed data protection information can be found in the Privacy Policy.
10. Alternative Dispute Resolution
10.1. The Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Praha 2, registration number: 000 20 869, website: https://adr.coi.cz/cs, is the authority competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
10.2. The European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Praha 2, website: 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 consumer ODR).
10.3. The Seller does not engage in sales on the E-shop within the framework of a trade licence subject to trade licence inspection by the relevant trade licensing authority within the scope of its competence. The Czech Trade Inspection Authority oversees, inter alia, compliance with Act No 634/1992 on consumer protection to the defined extent.
11. Final Provisions
11.1. Any and all arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract has an international dimension, the parties agree that their relationship is governed by the laws of the Czech Republic. This is without prejudice to consumer rights deriving from legislation of general application.
11.2. The Seller is not bound by any codes of conduct in relation to the Buyer.
11.3. All rights relating to the Seller’s website, including, but not limited to, the copyright applicable to the content, i.e. page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. Copying, modifying, or otherwise using the website or any part thereof without the Seller’s permission is prohibited.
11.4. The Seller is not liable for errors resulting from third-party manipulation of the E-shop or use thereof contrary to that intended. In using the E-shop, the Buyer must not employ any practices that could have a negative impact on its operation and must not engage in any activity that could allow the Buyer or third parties to interfere with or make unauthorised use of the software or other components of the E-shop and to use the E-shop or its parts or software in a manner that would be contrary to its purpose or intent.
11.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
11.6. The purchase contract, including the GTC, is archived by the Seller in electronic form and is not accessible.
11.7. The Seller may amend or supplement the wording of the GTC. This provision is without prejudice to rights and obligations arising during the period of effect of the previous version of the GTC.
11.8. A standard contract withdrawal form is attached to these GTC.
11.9. These GTC take effect on 1 September 2024.