TERMS AND CONDITIONS 

ETOS CZ, spol. s r.o. – B2C and B2B (Czech Republic / EU)

1. Seller Identification and Definitions

1.1. These Terms and Conditions ("T&C") are issued by:

ETOS CZ, spol. s r.o.
Registered office: Skuherského 1486/10, 370 01 České Budějovice, Czech Republic
Company ID: 26027208
Registered with the Regional Court in České Budějovice, Section C, File 9968
E-mail: obchod@etossport.eu | Phone: +420 736 173 186
E-shops: www.etossport.eu, www.etossport.sk, www.etossport.cz (the "E-shop")

1.2. These T&C govern rights and obligations arising from purchase contracts concluded via the E-shop.

1.3. "Buyer" means any person entering into a purchase contract with the Seller.
"Consumer (B2C)" means a natural person acting outside the scope of business or professional practice.
"Business Buyer (B2B)" means a person acting within the scope of business or professional practice (including legal entities).

1.4. Provisions expressly applicable to Consumers only do not apply to B2B. B2B-specific rules below apply where relevant.

1.5. Any deviating terms agreed in writing (order confirmation/contract) shall prevail over these T&C.

2. User Account

2.1. The Buyer may create a user account by registering in the E-shop; orders may also be placed without registration.

2.2. The Buyer shall provide accurate data and keep login credentials confidential.

2.3. The Seller may cancel an account, in particular due to long inactivity or breach of obligations.

3. Contract Conclusion

3.1. Product presentation is for information only and does not constitute an offer.

3.2. The Buyer's order constitutes an offer to conclude a purchase contract.

3.3. The Buyer submits the order via the E-shop (button such as "order with obligation to pay").

3.4. The Buyer receives an automated order receipt confirmation. The contract is concluded when the Seller sends an acceptance confirmation or when the Seller starts performance (in particular dispatch), whichever occurs first.

3.5. The Buyer agrees to distance communication; any related costs are borne by the Buyer.

4. Price and Payment

4.1. Prices are displayed in the E-shop; unless stated otherwise, they include VAT.

4.2. Payment methods are those available in the E-shop.

4.3. Unless agreed otherwise, the price is due within 5 days from contract conclusion. The Seller may require advance payment.

4.4. Invoices are provided electronically.

5. Delivery, Transfer of Risk, Transport Damage

5.1. Delivery options, shipping prices and indicative delivery times are displayed in the E-shop.

5.2. Transfer of risk:
B2C: Risk passes to the Consumer upon receipt of the goods.
B2B: Risk passes to the Business Buyer upon handover to the first carrier, unless agreed otherwise.

5.3. The Buyer should inspect packaging and goods upon receipt and record visible damage with the carrier.

5.4. Recommended transport damage procedure: inspect immediately, record with carrier, unpack carefully, inspect edges/corners/foam side/surface, take photos (overview, close-up, label, packaging), send to obchod@etossport.eu.

5.5. The Buyer should notify the Seller of transport-related damage within 3 business days after delivery to support timely carrier claims.

5.6. This procedure supports carrier claims and does not affect the Consumer's statutory rights against the Seller.

6. Withdrawal / Returns

6.1 Consumers (B2C)

6.1.1. A Consumer may withdraw within 14 days from receipt of the goods.

6.1.2. Withdrawal may be sent to obchod@etossport.eu or via the form in the E-shop.

6.1.3. Goods must be returned within 14 days after withdrawal; return costs are borne by the Consumer.
For goods that cannot be returned by regular post (e.g., pallet/oversized shipments), the Consumer bears the direct cost of return; the Seller will provide return shipping instructions.

6.1.4. Refund is made within 14 days from the withdrawal notice; the Seller may withhold the refund until the goods are received or dispatch is proven.

6.1.5. The Consumer is liable only for diminished value caused by handling beyond what is necessary.

6.1.6. Withdrawal exclusions apply as provided by applicable law, in particular for customised goods.

6.2 Business Buyers (B2B)

6.2.1. B2B Buyers have no statutory 14-day withdrawal right. Any cancellation/return is possible only by written agreement.

6.2.2. Custom-made/configured goods are generally non-returnable unless agreed otherwise in writing.

7. Defects / Complaints

7.1 Consumers (B2C)

7.1.1. Consumer remedies are governed by applicable law.

7.1.2. If a defect appears within 12 months, it is presumed to have existed upon receipt unless proven otherwise or incompatible with the nature of the goods/defect.

7.1.3. Complaints may be submitted to obchod@etossport.eu with description, photos and order number.

7.1.4. Material tolerances: minor visual variations may occur and do not necessarily constitute a defect if functionality is unaffected.

7.1.5. The Seller is not liable for defects caused by wear and tear, improper use, unsuitable storage/handling or unsuitable cleaning agents.

7.2 Business Buyers (B2B)

7.2.1. The Business Buyer shall inspect goods promptly and notify visible defects without undue delay.

7.2.2. Hidden defects must be notified without undue delay after they could have been discovered with professional care.

7.2.3. Late notification may limit or extinguish claims.

8. Safety Notice and Maintenance

8.1. Sports activities may result in serious injuries; the product does not eliminate risk. Users must follow safety rules and instructions.

8.2. Do not use bleach or aggressive chemicals that may damage the surface.

9. Personal Data Protection

9.1. Personal data is processed under GDPR and the separate Privacy Policy available in the E-shop.

10. Marketing Communications and Cookies

10.1. Marketing communications are sent only in accordance with applicable law; the Buyer may opt out at any time.

10.2. Cookies are governed by a separate Cookies Policy and consent settings via the cookie banner.

11. ADR, Governing Law, Jurisdiction

11.1. B2C: The competent ADR authority is the Czech Trade Inspection Authority.

11.2. These T&C are governed by Czech law. If the Buyer is a Consumer habitually resident in another EU country, this choice of law shall not deprive the Consumer of mandatory protections of the law of the Consumer's country of habitual residence.

11.3. B2B: Any disputes shall be resolved by the competent courts of the Czech Republic; the parties agree on venue according to the Seller's registered office unless mandatory law provides otherwise.

12. Final Provisions

12.1. The purchase contract is archived electronically.

12.2. If any provision is invalid/ineffective, the remaining provisions remain in force.

12.3. Return address (returns depot/warehouse, unless agreed otherwise):
ETOS CZ, spol. s r.o., U Santosky 9, Praha 5, Czech Republic.
The Seller's registered office is stated in Section 1.1.

12.4. Effective date: 1 January 2024.