Terms and Conditions

of the business company

PONATURE s.r.o.

with its registered office at U Hrůbků 251/119, Ostrava 709 00

Tax ID: 24851779

registered under file no. C 65685 registered at the Regional Court in Ostrava

for the sale of products through an online shop located on the website www.kilpisport.com

1. INTRODUCTORY PROVISIONS

1.1 These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company PONATURE s.r.o, with its registered office at U Hrůbků 251/119, Ostrava 709 00, identification number: 24851779, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 201631 (hereinafter referred to as the "Seller") are regulated in accordance with the provisions of § 1751 para. 1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the contractual parties as arising in connection with or on the basis of the Purchase Contract (hereinafter the "Purchase Contract"), as concluded between the Seller and another natural person (the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.kilpisport.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 where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of their business or profession.

1.3 Arrangements deviating from the Terms and Conditions may be negotiated in the Purchase Contract. Differing provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions contained in the Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract is entered into in the Czech language.

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

2. USER ACCOUNT

2.1 Based on the Buyer's registration on the Website, the Buyer can access their user interface. Buyers can order products from their user account (the "User Account"). If allowed by the store's web interface, the Buyer may also order products without registration directly from the store's web interface.

2.2 When registering and ordering products on the Website, the Buyer is obligated to ensure that all data submitted is correct and truthful. The Buyer is obliged to update the data stated in their User Account in the event of any change. The data stated by the Buyer in their User Account and in the course of ordering products shall be deemed correct by the Seller.

2.3 Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account.

2.4 The Buyer is not authorised to permit the use of a User Account by third parties.

2.5 The Seller may cancel a User Account, especially if the Buyer does not their User Account for a period exceeding one year, or if the Buyer is in breach of their obligations under the Purchase Contract (including the Terms and Conditions).

2.6 The Buyer notes that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.

3. ENTERING INTO A PURCHASE CONTRACT

3.1 All presentations of the products placed in the shop's web interface are of an informative nature and the Seller is not obliged to enter into a Purchase Contract for those products. The provisions of Section 1732 par. 2) of the Civil Code shall not apply.

3.2 The Shop Web Interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by means of the regular postal service. Prices of goods include value-added tax (VAT) and all related fees. The prices of the goods remain valid for as long as they are displayed in the Shop Web Interface and are displayed rounded to whole numbers. This provision does not restrict the Seller's ability to enter into a Purchase Contract on individually negotiated terms.

3.3 The Shop's Web Interface also includes information on the cost of the packaging and delivery of products. Information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.

3.4 To order products, the Buyer must fill in the order form in the Shop's Web Interface. The order form includes, in particular, information on:

3.5 Before sending an Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the Order, including in regard the Buyer's ability to detect and correct errors arising when entering data into the Order. The Buyer then sends the Order to the Seller by clicking on the "Confirm order" button. The data stated in the Order is deemed correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm receipt of the Order to the Buyer by email to the Buyer's email address specified in their User Account or in the Order (hereinafter referred to as the "Buyer's email 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 information to confirm an Order.

3.7 The contractual relationship between the Seller and the Buyer is established by the receipt of an Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer's email address.

3.8 The Buyer agrees to the use of remote means of communication when entering into the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with entering into the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs shall not deviate from their basic tariff.

3.9 The offers displayed to the Buyer in the search results of the online shop are displayed mainly on the basis of the matching parameter of the phrase entered into the search engine with the name of the goods in the online shop offer. This parameter, compared to others, allows the search results to be presented to the Buyer more accurately in line with their shopping preferences.

4. PRICE OF PRODUCTS AND PAYMENT CONDITIONS

4.1 The price of the goods and any costs associated with the delivery of goods according to the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

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 as agreed. Unless stated otherwise, the purchase price shall further include the costs associated with the delivery of goods.

4.3 The Seller shall not request a deposit or other similar payment from the Buyer. This does not affect the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the product(s) in advance.

4.4 In the case of a cash payment or cash on delivery, the purchase price shall be payable upon exchange of the product(s). In the case of a non-cash payment, the total amount is payable within 5 calendar days from entering into the Purchase Contract.

4.5 In the case of non-cash payment, the Buyer is obliged to pay the total purchase price of the goods accompanied by the variable symbol of the payment. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the Seller's account.

4.6 The Seller is entitled, in particular, if the Buyer fails to provide additional confirmation of the Order (Art. 3.6), to request payment in full of the purchase price before the product(s) are dispatched to the Buyer. The provisions of Section 2119 par. 1 of the Civil Code shall not apply.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer in respect to payments made on the basis of the Purchase Contract. The Seller is a payer of value added tax (VAT). Tax document – the invoice is issued by the Seller to the Buyer and sent to the Buyer together with the goods.

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 to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Buyer's wishes or for his/her person, from a Purchase Contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.

5.2 Unless it is a case referred to in Art. 5.1 of the Terms and Conditions, or another case in which the Buyer cannot withdraw from the Purchase Contract, the Buyer shall have, in accordance with the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of the delivery of the product(s). In the case of several types of products or the delivery of several parts, this period shall apply from the date of the last delivery of the products. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous clause. Withdrawal from the Purchase Contract may be sent by the Buyer to the Seller's business address or to the Seller's email address eshop@kilpi.cz.

5.3 In case of withdrawal from the Purchase Contract under Art. 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The Buyer must return the product(s) to the Seller within 14 (fourteen) days from withdrawal of the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the cost of returning the product(s) to the Seller shall be covered by the Buyer, even if the nature of the product(s) means that they cannot be returned by the normal postal route.

5.4 In case of withdrawal from the Purchase Contract under Art. 5.2 of the Terms and Conditions, the Seller shall return the payment received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract to the Buyer, in the same manner in which they received the funds from the Buyer. The money will be refunded by another means only if the Buyer agrees and if it does not incur additional costs. 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 the Seller or proves that they have sent the goods back to the Seller.

5.5 If the Buyer withdraws from the Purchase Contract only partially (i.e. if the Buyer has purchased more than one item but has returned only part of the goods), such a Buyer shall be entitled to a refund of the delivery costs as follows: (i) if the cost of delivery would have been the same regardless of the quantity of the goods purchased, the Buyer in the case of partial withdrawal is not entitled to a refund of the cost of delivery of the goods, (ii) if the cost of delivery of the goods would have increased due to the addition of the returned goods to the Order, the Buyer is entitled to such a corresponding part of the cost of delivery of the goods (by which the amount of the cost of delivery regarding the returned goods has increased).

5.6 The Seller is entitled to unilaterally counter the claim for reimbursement of damages to the goods against the Buyer's claim for reimbursement of the purchase price.

5.7 In cases where the Buyer has, under the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract until such time the Buyer receives the product(s). In such a case, the Seller shall reimburse the Buyer for the purchase price without undue delay, without charge, to the account specified by the Buyer.

5.8 If a gift is given to the Buyer together with the goods, the gift offer between the Seller and the Buyer is entered into with the condition that if the Buyer withdraws from the Purchase Contract, the gift offer shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller or to additionally pay for it.

5.9 In the case of withdrawal from the Purchase Contract, RETURN OR EXCHANGE OF GOODS FOR ANOTHER SIZE, the Buyer is obliged to send the goods by registered mail via the postal licence holder to the address Skladon, Průmyslová 377, 742 51 Mošnov, and provide a copy of the invoice and the bank account number for the refund of the returned goods, unless the purchase price of the goods is to be refunded by other means. The Seller shall return the money for the returned goods to the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract in the same manner in which the Seller received the money from the Buyer. The money will be refunded by another means only if the Buyer agrees and if it does not incur additional costs. A new Order must be created for a replacement size or new item, which will then be resent to the Buyer.

6. SHIPPING AND DELIVERY OF PRODUCTS

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 a location specified by the Buyer in the Order, the Buyer is under an obligation to take receipt of the goods upon such delivery. The delivery time shall be governed by the time specified for delivery of the products in the online shop.

6.3 If, for reasons on the Buyer's side, it is necessary to deliver the product(s) repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to meet the costs associated with the repeated delivery of the product(s), and/or the costs associated with another means of delivery.

6.4 Upon receipt of the product(s) from the carrier, the Buyer is required to check the integrity of the packaging of the product(s) and, in the event of any defects, to notify the carrier of these without undue delay. In the event of a breach of the packaging, indicating unauthorised entry into the consignment, the Buyer is not required to accept the consignment from the carrier.

6.5 Other rights and obligations of the parties in the shipment of goods may be regulated by the Seller's delivery conditions, if issued by the Seller.

7. RIGHTS IN THE EVENT OF DELIVERY OF DEFECTIVE PRODUCTS

7.1 The Seller is obliged to deliver the goods to the Buyer without any defects. The Buyer's right to claim due to defective products is based on any defect that the goods have when the Buyer takes ownership of the products, even if it does not become apparent until later. The Buyer's right shall also be established by a defect arising later which the Seller has caused by a breach of their duty. The Buyer has no rights in relation to claim for defective products if the defect is one which the Buyer would have known about with the exercise of ordinary care at the time of entering into the Purchase Contract.

The Seller is responsible to the Buyer for ensuring that goods are free of defects. In particular, the Seller shall be responsible to the Buyer for the goods by ensuring they

1. correspond to the agreed description, type and quantity as well as quality, functionality, compatibility, inter-operability and other agreed characteristics,
2. are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed; and
3. are supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

The Seller shall be liable to the Buyer that in addition to the agreed features

1. the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the sector in question, in the absence of technical standards;
2. the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the Buyer may reasonably expect, including in the light of public statements made by the Seller or by another person in the same contractual chain, in particular in the form of advertising or labelling,
3. the item is supplied with all accessories, including packaging, assembly instructions and other instructions for use which the Buyer may reasonably expect; and
4. the item corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer prior to entering into the Purchase Contract.

If a defect in goods purchased by the Buyer becomes apparent within one year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect excludes this. This period does not run for the time during which the Buyer is unable to use the goods if the Buyer has rightfully raised a complaint about the defect.

The Buyer may complain of a defect which becomes apparent in the goods within two years of receipt.

7.2 The Seller is liable to the Buyer for defects in the goods according to the statutory conditions, in particular in Section 2099 et seq. of Act No. 89/2012 Coll., the Civil Code.

If the defective product is a substantial breach of Purchase Contract, the Buyer has the right to:

1. to remedy the defect by supplying a new item without defect or by supplying the missing item,
2. to remedy the defect by repairing the item,
3. to receive a reasonable discount on the purchase price, or
4. to withdraw from the Purchase Contract.

If the defective product is a substantial breach of Purchase Contract, the Buyer has the right to:

1. removal of the defect, or
2. a reasonable discount off the purchase price.

7.3 The Buyer may report a complaint in any manner that sufficiently indicates their will to claim.

7.4 In order to facilitate the process of reporting a complaint, the Seller recommends that the complaint report contain in particular the following information: name, surname, email address, bank account number, address (street, house/apartment number, postal code, city (post office)), telephone number, method of compensation, order number, information on which goods and for what reason the complaint is made.

7.5 The Seller is obliged to issue a written confirmation to the Buyer when making a claim, stating the date on which the Buyer made the claim, what is the content of the claim, what method of handling the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the handling of the claim.

7.6 The Buyer will be informed of the method of resolving the complaint in the manner specified during the reporting of the complaint. The complaint, including the removal of the defect, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.

7.7 If the goods have a defect, the Buyer may demand that the defect be removed. The Buyer may, at their discretion, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have had without the defect and whether the defect can be removed by another means without significant difficulty for the Buyer.

The Seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the goods would have had without the defect.

7.8 The Buyer may request a reasonable discount or withdraw from the Purchase Contract if

1. the Seller has refused to remedy the defect or has not remedied it in accordance with the preceding paragraph,
2. the defect manifests itself repeatedly,
3. the defect is a substantial breach of the Purchase Contract, or
4. it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

A reasonable discount shall be determined as the difference between the value of the goods without defect and the defective item received by the Buyer.

The Buyer may not withdraw from the Purchase Contract if the defect in the goods is insignificant.

7.9 In case of any inconsistencies in the sent complaint, the Seller shall ask the Buyer to correct them in accordance with the Buyer's contact details provided in the complaint.

8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The Buyer acquires ownership of the product(s) by paying the full purchase price for the product(s).

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 1 e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via their email address eshop@kilpi.cz. The Seller shall send the Buyer information on the processing of their claim to the Buyer's email address.

8.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, web address: https://adr.coi.cz/cs, is the competent authority 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 Praha 2, web address: https://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution online).

8.6. The Seller is authorised to sell goods on the basis of a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.7 The Buyer hereby assumes the risk of change of circumstances within the scope of § 1765 para. (2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1 The protection and conditions of the processing of the Buyer's personal data by the Seller as a controller under Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR") shall be governed by the following Terms and Conditions for the Processing of Personal Data.

9.2 The granting of explicit consent by the Buyer to the processing of personal data in its entirety is not a condition that would in itself prevent the entering into of a Purchase Contract.

9.3 The Buyer acknowledges that they are obliged to provide their personal data (when registering, when using their user account, when placing an Order from the Shop Web interface correctly, truthfully and accurately and that they are obliged to inform the Seller without undue delay of any change in their personal data.

9.4 The Buyer provides the Seller with their personal data voluntarily.

9.5 The Buyer agrees to the storage of cookies on their computer. If the purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may refuse to provide consent under the previous clause.

10. DELIVERY

10.1 Deliveries to the Buyer may be forwarded electronically to the Buyer's email address.

10.2 The Buyer agrees to send proof of purchase (an invoice) in electronic form to the Buyer's email address.

11. FINAL PROVISIONS

11.1. If the relationship based on the Purchase Contract contains an international (foreign) element, then the contractual parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

11.2 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.

11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

11.4. Seller's contact details:

In Ostrava on 6.1.2023