Terms and Conditions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

• ZARDO EVENT PRODUCTIONS s.r.o.
• ID No.: 21492379, VAT No.: CZ21492379
• registered office: Kloboučnická 1735/26, Nusle, 140 00 Prague 4
• registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 402771
• contact details:
• email: info@zardo.cards
• phone: +420 608 877 157
• www.zardo.cards

   

• ESTABLISHMENT

• Petrohradská 4/35, Prague 10, 101 00, Vršovice

(hereinafter referred to as the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the “Buyer”), via the web interface located on the website available at www.pokemaster.cz (hereinafter the “Online Store”).

3. Provisions of the Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

5. The Terms and Conditions apply exclusively to ZARDO EVENT PRODUCTIONS s.r.o.

 

II. Information about Goods and Prices

1. Information about goods, including the prices of individual items and their main characteristics, is provided for each product in the Online Store catalogue. Prices are listed including value-added tax, all related fees, and the cost of returning the goods if, by their nature, they cannot be returned by standard postal means. Some goods are collector’s items, and under the VAT Act a so-called special regime applies, whereby the tax base is only the margin, reduced by the tax on this margin. The prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

2. All product presentations placed in the Online Store catalogue are for information purposes only and the Seller is not obliged to conclude a purchase contract for such goods.

3. The Online Store publishes information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods shown in the Online Store applies only when the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined, unless the Seller and the Buyer agree otherwise.

 

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.

2. The Buyer places orders for goods in the following ways:

• via their customer account, if they have previously registered in the Online Store,
• by completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity, the payment method, and the delivery method.

4. Before submitting the order, the Buyer is allowed to check and change the data entered in the order. The Buyer submits the order to the Seller by clicking on the “ODESLAT” (“SEND”) button. The data stated in the order are considered correct by the Seller. A condition for the validity of the order is filling in all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address entered by the Buyer when ordering. This confirmation is automatic and is not considered as the conclusion of the contract. The purchase contract is concluded only at the moment of confirmation by the Seller.

6. If the Seller cannot fulfil any of the requirements stated in the order, the Seller sends the Buyer an amended offer to the Buyer’s email address. The amended offer shall be considered a new draft purchase contract and the purchase contract is concluded in such a case by the Buyer’s confirmation of acceptance of this offer sent to the Seller’s email address specified in these Terms and Conditions.

7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of acceptance of the order by the Seller. The Buyer may cancel the order by phone on the Seller’s telephone number or by email to the address provided in these Terms and Conditions.

8. In the event of an obvious technical error on the part of the Seller in the price of the goods displayed in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer’s email address. The amended offer shall be considered a new draft purchase contract and the purchase contract is concluded in such a case by the Buyer’s confirmation of acceptance sent to the Seller’s email address.

9. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, in particular with persons who have previously substantially breached a purchase contract (including these Terms and Conditions).

10. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract or deliver goods in the case of pre-orders if the supplier does not deliver the goods to the Seller in the agreed quantity.

11. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract or deliver goods if it concerns a non-binding reservation of a product.

12. The Buyer acknowledges that by paying for a pre-order or a non-binding reservation they do not acquire ownership rights to the goods listed in the order. The Seller is not obliged to conclude a purchase contract or deliver the goods.

13. If a product has a limitation on the number of pieces per customer, this is understood to mean one household / IP address. If the Buyer’s attempt to circumvent the limitations set by the Seller is discovered (e.g. duplicate purchases from the same IP address, repeated purchases by several members of the same household, changing IP addresses and repeated purchases via automatic bots, etc.), the Seller reserves the right to cancel all orders of the given Buyer / Buyers.

14. If the Buyer has the option to purchase a limited product in the ZARDO KLUB and also in ZARDO PREMIUM, it is not possible to purchase this product (also applies to combined products) on the page for regular customers who are not members of either of the above groups. If a regular customer purchases one of the restricted and limited products (also applies to combined products) on the page intended for ordinary customers and thereby gains access to the club section, they are entitled to purchase only one additional piece of the restricted product.

 

IV. Customer Account

1. Based on the Buyer’s registration in the Online Store, the Buyer can access their customer account. From the customer account, the Buyer can order goods. The Buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account in the event of any change. The data stated by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel a user account, in particular if the Buyer does not use their user account for a longer period of time, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of hardware and software of third parties.

 

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

• cashless transfer to the bank account,
• cash on delivery upon handover of the goods,
• in cash or by payment card upon personal collection at the establishment.

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 2 days from the conclusion of the purchase contract.

4. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller’s bank account.

5. The Seller does not require any advance or similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not considered a deposit.

6. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in case of a technical outage, no later than within 48 hours.

7. The goods shall be delivered to the Buyer:

• to the address specified by the Buyer in the order,
• to a pick-up point chosen by the Buyer,
• by personal collection at the Seller’s establishment.

8. The method of delivery is selected during the ordering process.

9. The costs of delivery of the goods, depending on the method of dispatch and collection, are stated in the Buyer’s order and in the order confirmation by the Seller. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

10. If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.

11. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, to notify the carrier without delay. If a breach of the packaging indicating unauthorised entry into the consignment is found, the Buyer is not obliged to accept the consignment from the carrier.

12. The Seller shall issue the Buyer a tax document – invoice – upon request.

13. The Buyer acquires ownership rights to the goods by paying the full purchase price of the goods including delivery costs, but not before taking over the goods. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of takeover, or at the moment when the Buyer was obliged to take over the goods but did not do so contrary to the purchase contract.

14. In the event that the Buyer unreasonably fails to accept the goods, we are entitled to compensation for the costs associated with delivery of the goods and their storage, as well as other costs incurred due to the failure to accept the goods. This constitutes a breach of Section 2118 of Act No. 89/2012 Coll., the Civil Code.

15. In the case of personal collection of products from a new edition, the Buyer is obliged to collect and pay for the goods within 24 hours from placing the order.

 

VI. Withdrawal from the Contract

1. A Buyer who has concluded a purchase contract outside their business activity as a consumer is entitled to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days:

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
• from the date of receipt of the first delivery of the goods if the subject of the contract is regular repeated delivery of goods.

3. The Buyer cannot, among other things, withdraw from the purchase contract:

• for the supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period,
• for the supply of goods that were customised according to the Buyer’s wishes or for their person,
• for the supply of goods that are perishable or goods which have been irreversibly mixed with other goods after delivery,
• for the supply of goods in a sealed package which the Buyer has removed from the package and which cannot be returned for hygiene reasons,
• for the supply of an audio or video recording or computer program if the original seal has been broken,
• for the supply of newspapers, periodicals, or magazines,
• for the supply of digital content that is not supplied on a tangible medium and that was delivered with the Buyer’s prior express consent before the withdrawal period expired, and the Seller informed the Buyer before concluding the contract that they would thereby lose the right to withdraw from the contract,
• and in other cases specified in Section 1837 of the Civil Code.

4. To comply with the withdrawal period, it is sufficient for the Buyer to send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the email or postal address of the Seller specified in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot, due to their nature, be returned by standard postal means.

7. If the Buyer withdraws from the contract, the Seller shall refund to the Buyer without undue delay, but no later than 14 days from the withdrawal from the contract, all monetary funds including the costs of delivery received from the Buyer, in the same manner. The Seller shall refund the received monetary funds to the Buyer in another way only if the Buyer agrees and if this does not incur additional costs.

8. If the Buyer has chosen a method of delivery other than the cheapest method offered by the Seller, the Seller shall refund the cost of delivery of the goods to the Buyer in an amount corresponding to the cheapest offered method of delivery.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the received monetary funds to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been sent back to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn, and unsoiled, and if possible in the original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import. The Seller shall inform the Buyer of this via the email address stated in the order and shall refund within 14 days from the notification of withdrawal from the purchase contract all monetary funds including the costs of delivery received from the Buyer under the contract, in the same manner, or in a manner specified by the Buyer.

12. The Seller is entitled to withdraw from the contract if the order contains a completely new edition and is not collected and paid for within 24 hours of placing the order.

 

VII. Rights Arising from Defective Performance

1. The Seller is liable to the Buyer for the goods being free from defects upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer takes over the goods:

• the goods have the properties agreed by the parties, or, in the absence of such agreement, the properties described by the Seller or the manufacturer, or which the Buyer expected with regard to the nature of the goods and based on advertising carried out by them,
• the goods are fit for the purpose stated by the Seller for their use, or for which goods of that kind are usually used,
• the goods correspond by quality or design to the agreed sample or model, if the quality or design was determined by an agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight, andthe goods comply with the requirements of legal regulations.

2. The Seller’s obligations from defective performance persist at least for the same period as the manufacturer’s obligations from defective performance. The Buyer is otherwise entitled to exercise the right arising from a defect that occurs in consumer goods within 24 months from takeover.

3. If a period of time during which the goods can be used is stated on the sold goods, their packaging, the user manual attached to the goods, or in advertising in accordance with other legal regulations, the provisions on a guarantee of quality shall apply. By providing a guarantee of quality, the Seller undertakes that the goods will be fit for use for the usual purpose or retain their usual properties for a certain period. If the Buyer has rightfully complained about a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run for the time during which the Buyer cannot use the defective goods.

4. The provisions of the previous paragraph of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this follows from the nature of the goods. The Buyer is not entitled to rights from defective performance if, before takeover, they knew that the goods had a defect or if the Buyer themselves caused the defect.

5. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if the goods cannot be used properly due to repeated occurrence of a defect or defects after repair,
• if there is a larger number of defects in the goods.

7. A substantial breach of contract is such a breach of duty of which the party in breach knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.

8. In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether the defect is removable or irremovable), the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

9. If a removable defect occurs repeatedly after repair (usually after the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (typically at least three defects at the same time), the Buyer has the right to request a discount on the purchase price, replacement of the goods, or withdrawal from the contract.

10. When lodging a complaint, the Buyer is obliged to inform the Seller which right they have chosen. The choice may only be changed without the Seller’s consent if the Buyer has requested repair of the defect, which then turns out to be irremovable. If the Buyer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.

11. If repair or replacement of the goods is not possible, the Buyer may, based on withdrawal from the contract, demand a refund of the full purchase price.

12. If the Seller proves that the Buyer knew about the defect in the goods before takeover or caused it themselves, the Seller is not obliged to comply with the Buyer’s claim.

13. The Buyer cannot complain about discounted goods for the defect for which the discount was granted.

14. The Seller is obliged to accept complaints at any establishment where acceptance of complaints is possible, or at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requires, as well as confirmation of the date and manner of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

15. The Seller or an authorised employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable according to the type of product or service needed for professional assessment of the defect. The complaint, including removal of the defect, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the Seller and Buyer agree on a longer period. Lapse of this period in vain shall be deemed a substantial breach of contract and the Buyer shall have the right to withdraw from the purchase contract. The moment of complaint is considered to be the moment when the Buyer’s expression of will (exercise of the right from defective performance) reaches the Seller.

16. The Seller shall inform the Buyer in writing of the result of the complaint.

17. The Buyer is not entitled to rights from defective performance if, before takeover, they knew that the goods had a defect or if they caused the defect themselves.

18. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs associated with lodging the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period; otherwise, the court may not grant it.

19. The Buyer has the right to choose the method of complaint.

20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

21. Further rights and obligations of the parties relating to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure.

 

VIII. Delivery of Correspondence

1. The contracting parties may send all written correspondence to each other via email.

2. The Buyer shall send correspondence to the Seller’s email address provided in these Terms and Conditions. The Seller shall send correspondence to the Buyer’s email address stated in their customer account or in the order.

 

IX. Personal Data

1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your data in any way other than for performance of the contract, except for your email address, which may be used to send commercial communications, as permitted by law, unless you refuse such communications. These communications will concern only similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email, or clicking on the link in the commercial communication). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the parties.

2. More detailed information on personal data protection can be found in the Privacy Policy HERE.

3. We determine your satisfaction with your purchase through email questionnaires within the “Verified by Customers” program in which our e-shop is involved. We send them to you every time you shop with us, unless you refuse their sending under Section 7 (3) of Act No. 480/2004 Coll., on Certain Information Society Services. We process personal data for the purpose of sending questionnaires within the Verified by Customers program based on our legitimate interest, which consists in determining your satisfaction with purchases from us. For sending questionnaires, evaluating your feedback, and analysing our market position, we use a processor, the operator of the Heureka.cz portal, to whom we may pass information about the purchased goods and your email address for these purposes. Your personal data is not passed on to any third party for their own purposes when sending email questionnaires. You may object to the sending of email questionnaires within the Verified by Customers program at any time by rejecting further questionnaires using the link in the questionnaire email. In the event of your objection, we will no longer send you questionnaires.

 

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to 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).

3. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority carries out, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

XI. Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If a relationship established by a purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

2. The Seller is not bound, in relation to the Buyer, by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.

3. All rights to the Seller’s website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the Seller’s consent.

4. The Seller is not liable for errors arising as a result of third-party interference with the Online Store or as a result of its use contrary to its purpose. The Buyer must not use procedures when using the Online Store that could adversely affect its operation and must not engage in any activity that could enable them or third parties to interfere with or misuse the software or other components constituting the Online Store or use the Online Store or its parts or software in a way that would be contrary to its purpose or intent.

5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

8. An annex to the Terms and Conditions is a sample withdrawal form.

 

These Terms and Conditions take effect on 1 August 2024.