Terms and conditions
Terms and Conditions
of RED DOT ONE s.r.o.
RED DOT ONE s.r.o., having its registered office and place of business at Svatá Kateřina 10, 340 22 Chudenín, Czech Republic, Company Identification Number: 24731561, registered in the Commercial Register under file no. C45681 maintained by the Regional Court in Plzeň, is the operator of the websites www.reddotone.eu, www.reddotone.com, and www.reddotone.cz. Through these websites, it presents its goods, their technical specifications, and other related information.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions ("Terms and Conditions") are issued in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), and govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract ("Purchase Contract") concluded between the seller and another natural or legal person ("Buyer") via the seller’s online store. The online store is operated by the seller at http://hardtimegear.cz and http://hardtimegear.com through a website interface (the "Store Web Interface").
1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is acting in the course of their business activity or in the exercise of their profession.
1.3. These Terms and Conditions are an integral part of the Purchase Contract. Deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
1.4. The Purchase Contract and the Terms and Conditions are executed in both Czech and English. The Purchase Contract may be concluded exclusively in Czech or English.
1.5. The seller may amend or supplement the wording of these Terms and Conditions. Such amendments shall not affect the rights and obligations arising during the period of effectiveness of the previous version.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the website, the Buyer gains access to their user interface ("User Account"). The Buyer may order goods through their User Account.
2.2. When registering on the website and when placing an order, the Buyer is obliged to provide accurate and truthful information. The data provided in the User Account and during the ordering process are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information required to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, particularly if the Buyer has not used it for more than 24 months or if the Buyer breaches their obligations arising from the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller's hardware and software or that of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. Any presentation of goods on the Store Web Interface is for informational purposes only and does not constitute a binding offer. The Seller is not obliged to conclude a Purchase Contract regarding such goods, for example, due to legal requirements on minimum age or commercial/legal restrictions in certain regions. Section 1732(2) of the Civil Code does not apply.
3.2. The Store Web Interface contains information about goods, including the prices of individual items. All prices are inclusive of VAT and all applicable fees. Prices remain valid as long as they are displayed in the Store Web Interface. This does not limit the Seller's right to conclude the Purchase Contract under individually negotiated terms.
3.3. The Store Web Interface also includes information about the costs associated with packaging and delivery.
3.4. To order goods, the Buyer fills out an order form in the Store Web Interface, which includes information about:
3.4.1. the goods ordered (which the Buyer places into the virtual shopping cart);
3.4.2. the payment method for the purchase price;
3.4.3. the desired method of delivery of the ordered goods; and
3.4.4. the costs associated with delivery.
(collectively the “Order”).
3.5. Before submitting the Order, the Buyer is allowed to review and amend the entered data, including the option to identify and correct errors made when entering data. The Buyer submits the Order by clicking the "Complete Order" button. The data entered in the Order are considered correct by the Seller. The Seller shall promptly confirm receipt of the Order by email sent to the Buyer’s email address specified in the Order ("Buyer's Email Address").
3.6. The Seller is always entitled to request additional confirmation of the Order depending on its nature (quantity, price, expected shipping costs), for example in writing or by phone.
3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (confirmation), which the Seller sends to the Buyer by email to the Buyer’s Email Address.
3.8. The Buyer agrees to the use of remote means of communication for concluding the Purchase Contract. Any costs incurred by the Buyer in using remote communication tools (such as internet or phone costs) in connection with concluding the Purchase Contract are borne by the Buyer and do not differ from the basic rates.
4. PAYMENT TERMS
4.1. The Buyer shall pay the purchase price and any applicable delivery and packaging fees under the Purchase Contract to the Seller using one of the following methods:
4.1.1. In cash upon delivery (cash on delivery) – available only within the territory of the Czech Republic.
4.1.2. By card at the time of order completion by selecting the “online card payment” option.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs related to packaging and delivery, unless explicitly stated otherwise. For the purposes of these Terms and Conditions, the term "purchase price" includes the costs of delivery.
4.3. The Seller does not require any advance payment or similar payment from the Buyer. This does not affect the provisions of Article 4.7 concerning the obligation to pay the purchase price in advance.
4.4. In the case of payment on delivery (cash on delivery), the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the price is paid according to the selected payment method.
4.5. The Seller is entitled, particularly if the Buyer fails to confirm the order additionally (see Article 3.6), to require full payment of the purchase price before shipping the goods. Section 2119(1) of the Civil Code shall not apply.
4.6. Any discounts granted on the purchase price by the Seller cannot be combined.
4.7. The Seller shall issue a tax document – invoice – to the Buyer for payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice – shall be issued after payment and sent to the Buyer’s email address in electronic form.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, withdrawal from the Purchase Contract is not permitted in particular in the case of goods that were customized according to the Buyer’s wishes or for their person, or goods that have been irreversibly mixed with other goods after delivery.
5.2. Unless the case falls under Article 5.1 or another legal exemption from the right to withdraw applies, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods in accordance with Section 1829(1) of the Civil Code. In the case of multiple types of goods or multiple deliveries, the withdrawal period begins upon receipt of the last delivery. Notice of withdrawal must be sent to the Seller within the withdrawal period, either together with the goods to:
RED DOT ONE s.r.o.
Svatá Kateřina 10,
340 22 Chudenín,
Czech Republic
or by email to: adventurelife@seznam.cz5.3. If the Buyer withdraws from the Purchase Contract pursuant to Article 5.2, the Purchase Contract shall be considered void from the beginning. The Buyer must return the goods within fourteen (14) days of withdrawal. The Buyer shall bear the costs of returning the goods, even if the goods cannot be returned by regular postal means due to their nature.
5.4. If the Buyer withdraws from the Purchase Contract under Article 5.2, the Seller shall refund all payments received from the Buyer within fourteen (14) days of the withdrawal to the bank account specified in the withdrawal notice. However, the Seller is not obliged to refund the payment until the goods are returned or until the Buyer proves that the goods have been sent back.
5.5. The Seller is entitled to offset any claim for compensation for damage to the goods against the Buyer’s claim for a refund.
5.6. If the Buyer received a gift together with the goods, the gift agreement between the Seller and Buyer is concluded with a termination clause. In the event of withdrawal, the gift agreement ceases to be effective, and the Buyer must return the gift along with the goods.
6. DELIVERY OF GOODS
6.1. If the method of delivery has been agreed upon based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that method of delivery.
6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, due to reasons on the part of the Buyer, it becomes necessary to deliver the goods repeatedly or by a method other than originally agreed, the Buyer shall bear the costs associated with such repeated delivery or alternative delivery method.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding defective performance shall be governed by the applicable legal regulations, in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code.
7.2. The Seller provides a warranty for the quality of the goods to the extent specified in the Purchase Contract or the warranty certificate provided with the goods. If no warranty certificate is provided, the Seller guarantees that the goods are fit for the specified or customary purpose, possess and retain the stated or customary characteristics, are made using defect-free materials, are technically sound, and meet the applicable design standards in terms of dimensions, performance, and other declared features.
7.3. The warranty does not apply to:
mechanical damage caused by the Buyer (user) or parts affected by such damage,
damage or defects caused by neglecting maintenance, non-compliance with instructions in the user manual or warranty certificate (if provided), safety instructions, improper use, operator error, or unauthorized intervention,
defects resulting from storage in unsuitable conditions,
defects for which the price was reduced, unless otherwise agreed,
modifications or alterations not carried out by the Seller,
defects caused by using non-original parts,
wear and tear from regular use or damage resulting from careless handling.
7.4. The warranty period provided by the Seller is 24 months and begins on the date of sale. The warranty period is extended by the duration of any warranty repair.
7.5. The Buyer is entitled to assert rights arising from defective goods against the Seller.
7.6. The Buyer shall assert such rights without undue delay after discovering the defect. When doing so, the Buyer must describe the defect and provide proof of the date of sale.
7.7. The Seller shall issue a written confirmation to the Buyer, stating the date and place of the claim, a description of the defect, the Buyer’s requested method of resolving the claim, and how the Buyer will be informed of the outcome. The Seller shall decide on the claim immediately, or within three business days in complex cases.
The claim, including remedy of the defect, must be resolved without undue delay, no later than 30 days from the date of the claim, unless agreed otherwise with the Buyer.
7.8. Methods of handling claims:
A. Remediable defects. These are defects that can be corrected without affecting the appearance, function, or quality of the goods. In such cases, the Buyer has the right to a free, timely, and proper repair.
B. Irremediable defects, repeated defects after repair, or multiple defects. An irremediable defect is one that cannot be eliminated or whose removal would be impractical. If such a defect occurs, or if the goods suffer from multiple defects (at least 3) or repeated defects (at least the third recurrence), the Buyer is entitled to demand a replacement or to withdraw from the Purchase Contract.
7.9. The provisions of Article 7.2 shall not apply to goods sold at a reduced price due to a specific defect, to wear and tear resulting from normal use, or to defects in used goods that correspond to the level of use or wear at the time of acceptance.
8. PROCESSING OF PERSONAL DATA
8.1. The processing of personal data of the Buyer, who is a natural person, is carried out for the purpose of fulfilling the Purchase Contract pursuant to Article 6(1)(b) of the GDPR.
8.2. The Seller declares that it considers all personal data to be confidential and will use them solely for fulfilling the Purchase Contract. The Seller shall not disclose or provide the Buyer’s personal data to third parties, except in cases related to the distribution of goods or payment processing. The Seller takes all necessary measures to ensure that the Buyer’s rights are not violated and to protect against unauthorized interference with the Buyer’s private and personal life.
8.3. Detailed information about the processing of personal data is provided by the Seller to the Buyer in a separate section of the online store.
9. COMMERCIAL COMMUNICATIONS AND COOKIES
9.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business to the Buyer’s email address, and further agrees to the sending of commercial communications by the Seller to that address.
9.2. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be made and the Seller’s obligations fulfilled without storing cookies on the Buyer’s device, the Buyer may revoke this consent at any time.
10. DELIVERY OF COMMERCIAL COMMUNICATIONS
10.1. Commercial communications may be delivered to the Buyer’s email address provided in their User Account or specified in the order.
11. FINAL PROVISIONS
11.1. If the contractual relationship established by the Purchase Contract includes an international (foreign) element, the parties agree that such relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights under generally binding legal regulations.
11.2. If any provision of these 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 one. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any amendments or additions to the Purchase Contract or these Terms and Conditions must be made in writing.
11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Out-of-court settlement of consumer complaints is handled by the Seller via email at info@reddotone.com. The Seller will send information about the resolution of the complaint to the Buyer’s email address.
11.5. The Seller is authorized to sell goods based on a trade license. Trade license supervision is performed by the relevant trade licensing office. Supervision in the area of personal data protection is carried out 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.
11.6. The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, adr.coi.cz, is the competent authority for out-of-court consumer dispute resolution between the Seller and the Buyer.
These Terms and Conditions are valid as of May 1, 2018.
Privacy Policy
The protection of personal data is a high priority for the management of RED DOT ONE s.r.o. The use of the websites operated by RED DOT ONE s.r.o. is possible without providing personal data. However, if a data subject wishes to use special services via the website, processing of personal data may become necessary. Where the processing of personal data is required and there is no legal basis for such processing, we generally seek the data subject's consent.
The processing of personal data—such as name, address, email address, or telephone number—will always be carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to RED DOT ONE s.r.o. Through this privacy statement, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of the rights they are entitled to.
RED DOT ONE s.r.o., as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through its websites. Nevertheless, internet-based data transmissions may, in principle, have security gaps, so absolute protection cannot be guaranteed. For this reason, data subjects may also provide personal data to us by alternative means, e.g., by telephone.
Terminology
This privacy statement by RED DOT ONE s.r.o. is based on the terminology used by the European legislator in the GDPR. It is intended to be easily readable and understandable by the public, as well as by our customers and business partners. To ensure this, we explain the terms used:
a) Personal data
All information relating to an identified or identifiable natural person (“data subject”). A natural person is considered identifiable if they can be identified directly or indirectly, particularly by reference to an identifier such as a name, ID number, location data, an online identifier, or one or more specific factors relating to their physical, physiological, genetic, mental, economic, cultural, or social identity.b) Data subject
Any identified or identifiable natural person whose personal data is processed by the controller.c) Processing
Any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure, alignment, restriction, erasure, or destruction.d) Restriction of processing
Marking of stored personal data with the aim of limiting its future processing.e) Controller or data controller
The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.f) Processor
A natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.g) Recipient
A natural or legal person, public authority, agency, or another body to whom personal data is disclosed.h) Third party
A natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons authorized to process the data.i) Consent
Any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they signify agreement to the processing of personal data.Controller
The controller within the meaning of the GDPR and other data protection laws applicable in the member states of the European Union is:
RED DOT ONE s.r.o.
Svatá Kateřina 10
340 22 Chudenín
Czech Republic
Company ID: 24731561
VAT ID: CZ24731561
Email: info@reddotone.com
Website: www.reddotone.eu
Data Protection Officer
Jan Žižka
Data Protection Officer
RED DOT ONE s.r.o.
Svatá Kateřina 10
340 22 Chudenín
Czech Republic
Company ID: 24731561
VAT ID: CZ24731561
Email: info@reddotone.comData subjects may contact our Data Protection Officer directly at any time with any questions or concerns regarding data protection.
Use of Cookies
The websites of RED DOT ONE s.r.o. may use cookies. Cookies are text files that are stored on a computer system via an internet browser. Many websites and servers use cookies. Cookies often contain a cookie ID, which is a unique identifier consisting of a string of characters that allows websites and servers to recognize the browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser from other browsers that store different cookies.
The use of cookies allows RED DOT ONE s.r.o. to provide users of its websites with more user-friendly services that would not be possible without cookies.
For example, a cookie allows a web shop to remember the items a customer has placed in the virtual shopping cart.The data subject may at any time prevent the setting of cookies by adjusting the settings of the internet browser accordingly and may thus permanently deny the setting of cookies. Cookies already stored can also be deleted at any time via the internet browser or other software programs.
General Data and Information
When a data subject or automated system accesses the website of RED DOT ONE s.r.o., general data and information may be collected and stored in server log files. This may include:
browser type and version,
operating system,
referring websites,
accessed subpages,
date and time of access,
IP address,
ISP, and
other similar data used to prevent attacks on our IT systems.
This information is evaluated statistically and used to improve data protection and security.
Contact via Email
The websites of RED DOT ONE s.r.o. contain information enabling quick electronic contact with our company, including a general email address. If a data subject contacts the controller by email or via a contact form, the personal data provided by the data subject is automatically stored. Such data is stored solely for the purpose of processing or contacting the data subject and will not be disclosed to third parties.
Registration
The data subject may register on the controller's website by providing personal data. The type of personal data required is specified in the input form. These data are collected and stored for internal use only and may be transferred to processors (e.g. parcel delivery services) for internal use on behalf of the controller.
Upon registration, the IP address, date, and time are also stored for security reasons. This helps prevent misuse and enables investigation of any criminal activity. Data will not be transferred to third parties unless legally required.
Registered users can modify or delete their personal data at any time. The controller shall provide information about stored data upon request and correct or delete them, unless otherwise required by law.
Erasure and Blocking of Personal Data
The controller shall process and store personal data only for the period necessary to achieve the purpose of storage or as permitted by law. If the storage purpose no longer applies or the legal retention period expires, the data shall be routinely deleted or blocked.
Rights of the Data Subject
a) Right to confirmation – To obtain confirmation from the controller as to whether personal data is being processed.
b) Right to access – To access stored personal data and receive information including processing purposes, data categories, recipients, retention periods, and rights.
c) Right to rectification – To correct inaccurate or incomplete personal data.
d) Right to erasure ("right to be forgotten") – To request deletion of personal data under certain conditions.
e) Right to restriction of processing – To restrict processing under specified circumstances.
f) Right to data portability – To receive personal data in a structured, commonly used format and transmit it to another controller.
g) Right to object – To object to processing based on legitimate interests or for direct marketing purposes.
h) Right to withdraw consent – To withdraw previously given consent to data processing at any time.