TERMS AND CONDITIONS
1. GENERAL PROVISIONS
I. Introductory provisions
a) These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company D&S Tactics s.r.o. ID No.: 220 87 966
Registered office: Oblekovická 123/83, 67181 Znojmo, Czech Republic, registered in the Commercial Register under file number
C 141327, registered with the Regional Court in Brno (hereinafter referred to as "D & S Tactics") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract concluded between D&S TACTICS and another person through the D&S TACTICS online shop. The D&S TACTICS online shop is operated on the website located at www.dstactics.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Company's web interface").
b) Provisions deviating from the terms and conditions may be set out in special terms and conditions for certain types of contracts. Deviating provisions by special terms and conditions for certain types of contracts shall prevail over the provisions of the commercial terms and conditions.
c) Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions and the provisions of special terms and conditions for certain types of contracts.
d) The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech, German and English. The contract of sale can only be concluded in Czech, German and English.
e) The wording of the Terms and Conditions may be changed or amended by D&S TACTICS. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
II. Contracting Parties
a) D&S TACTICS.
b) The buyer is a natural person or legal entity who places an order for goods and/or services in the form of training courses from D&S TACTICS electronically via the website www.dstactics.com and a contract is concluded on the basis of this order (hereinafter referred to as the "buyer").
c) A natural who enters into a contract outside the scope of his/her business or outside the scope of his/her independent exercise of his/her profession enters into a consumer contract under these Terms and Conditions (hereinafter referred to as "consumer").
d) In where the law restricts the conditions for the purchase of goods or services from the D&S TACTICS catalogue (e.g. on the grounds of medical fitness, age, possession of a firearms licence of a certain group, nationality, possession of an apprenticeship, possession of a licence, etc.), a contract cannot be concluded with someone who is not authorised to conclude such a contract and the legal action aimed at concluding such a contract is void from the outset
e) In the case of contracts concluded under Part B of the Terms and Conditions, the Buyer shall include anyone who is designated by the Buyer as the person who consummates the contract concluded by the Buyer. Such persons shall be bound by all the obligations of these Terms and Conditions in the same way as the Buyer.
III. User account
a) When registering on the website and when ordering goods and services, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account when changing it in any way. The information provided by the Buyer in the user account and when ordering goods and services shall be deemed correct by D&S TACTICS.
b) Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods and services (hereinafter referred to as "user account").
c) Access to the user account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
d) The buyer is not entitled to allow third parties to use the user account.
e) D&S TACTICS may cancel the user account, in particular if the buyer does not use his/her user account for more than three years or if the buyer violates his/her obligations under the purchase agreement, including the terms and conditions.
f) The Purchaser acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of D&S TACTICS hardware and software equipment or necessary maintenance of third party hardware and software equipment.
IV. Conclusion of the contract
a) All presentation of goods and service offerings on the Company's web interface is for informational purposes only and D&S TACTICS is under no obligation to enter into a contract for goods or services. Section 1732(2) of the Civil Code shall not apply.
b) The company's web interface contains information about goods and services. The prices of goods and services are inclusive of value added tax and all related charges. The prices of goods and services remain valid for as long as they are displayed on the Company's web interface. The prices of goods and services are not adjusted to the buyer's personality based on automated decision-making. This provision does not limit the possibility of D&S TACTICS to conclude a purchase contract on individually agreed terms (e.g. price discounts for contractual partners.
c) In the event of a return, the Buyer shall bear all costs for the return of the goods and their transportation or delivery to D&S TACTICS' premises.
d) In the event any termination of the Services during the course of the Services that is not the fault of D&S TACTICS, the Purchaser shall bear all costs incurred in connection with the Services. Nor shall D&S TACTICS be liable for any related damages to the Purchaser so incurred.
e) The company's web interface also contains information about the costs associated with packaging and delivery of goods, and the method and time of delivery. The information on the costs associated with the packaging and delivery of the goods provided in the company's web interface is valid only in cases where the goods are delivered within the Czech Republic. In the event that the Purchaser partially withdraws from the Purchase Contract and the total purchase price of the Goods for which the Purchaser has not withdrawn from the Purchase Contract does not reach the minimum amount required for the right to free delivery of the Goods pursuant to the preceding sentence, the Purchaser's right to free delivery of the Goods shall cease and the Purchaser shall be obliged to pay for the delivery of the Goods to D&S TACTICS.
V. Ordering goods and services in the web interface
a) To order goods and services, the buyer fills in the order form in the company's web interface. The order form contains in particular information about
- the goods to be ordered (the goods to be ordered are "inserted" by the buyer into the electronic shopping cart of the company's web interface),
- the services ordered (the service order is "placed" by the purchaser in the electronic shopping cart of the Company's web interface)
- the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods or details of the location of the service (course venue), or the place of meeting with the instructors,
- and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
b) Prior to sending an order to D&S TACTICS, the Buyer is allowed to check and change the input data entered by the Buyer, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to D&S TACTICS by clicking on the "ORDER" button. Data given in the order are considered correct by D&S TACTICS. D&S TACTICS shall promptly confirm receipt of the order to the Buyer order by electronic mail to the Buyer's electronic mail address provided in the User Account or in the Order (the "Buyer's Electronic Address").
c) Depending on the nature of the order (quantity of goods or scope of services, purchase price, estimated shipping costs), D&S TACTICS is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).
d) The contractual relationship between D&S TACTICS and the buyer is established by the delivery of the order acceptance (acceptance), which is sent to D&S TACTICS at the electronic address e-mail address of the Buyer.
e) The buyer agrese to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
VI. Reservation of refusal of an order for the sale of goods or services and withdrawal from the contract
a) D&S TACTICS reserves the right to refuse any order placed for the sale of goods or services, including the rental of a shooting range or shooting range, without giving reasons, or to request further information from the buyer about the buyer and his/her business before accepting the order.
b) The Buyer agrees that D&S TACTICS reserves the right to reject an order already accepted for delivery of goods or services or to withdraw from the contract in cases where D&S TACTICS determines, based on any information of which it becomes aware, that there is a safety or other reason why the goods or services supplied by D&S TACTICS should not be delivered to the Buyer. In such a case, D&S TACTICS shall be entitled to withdraw from the contract already concluded without giving any reason pursuant to Sections 2001 et seq. of the Civil Code. In the event that the price for the order has already been paid, D&S TACTICS shall immediately refund the amount paid to the bank account from which the order was paid.
VII. Price of goods and services and payment terms
a) The price of the goods, services and any costs associated with the delivery of the goods under the Purchase Agreement shall be paid by the Purchaser to D&S TACTICS by wire transfer to the account of D&S TACTICS (hereinafter referred to as the "D&S TACTICS Account").
b) The accounts of D&S TACTICS are maintained in the currencies of the Czech koruna (CZK) and the euro (EUR). Their identification is included in the order confirmation sent by e-mail, depending on the currency in which the order for goods or services was placed.
c) Together with the purchase price of the goods, the buyer is also obliged to pay D&S TACTICS the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
d) D&S TACTICS does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of paragraph 7 regarding the obligation to pay the purchase price of the ordered goods and services in advance.
e) The purchase price of the goods is payable within 3 days of the conclusion of the purchase contract.
f) The purchase price for the ordered services is due within 3 days of the conclusion of the contract.
g) The buyer is obliged to pay the purchase price together with the variable symbol of the payment.
h) The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the D&S TACTICS account with the correct variable symbol.
i) When paying from abroad, the variable symbol is entered in the format "field 70" (field 70) in the form /VS/xxxxxx closely followed by no spaces, where xxxxxx denotes the digits of the variable symbol. Or in a text field and a confirmation or statement of the payment sent sent by e-mail to D&S TACTICS (e-mail) info@dstactics.com. The cost of payment made from abroad is borne by the buyer (charge type "OUR"), except for SEPA payments where the charge type "SHA" is used.
j) D&S TACTICS is entitled, especially in the event that the Buyer fails to confirm the order subsequently (Article V, paragraph 3), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
k) Any discounts on the price of the goods granted by D&S TACTICS to the Buyer cannot be combined.
l) D&S TACTICS is not subject to value added tax. The Consumer and D&S TACTICS agree that in cases where a tax document is issued on the basis of a concluded purchase contract pursuant to an order for goods or services, the document shall be sent to the Purchaser in electronic form to the Purchaser's electronic address, unless the Parties agree otherwise.
VIII. Withdrawal from the purchase contract by the consumer for goods delivered by mail order
a) The consumer 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 manufactured to the consumer's requirements or adapted to his/her personal needs.
b) If this is not the case referred to in paragraph 1 or in any other case where the purchase contract cannot be withdrawn from, the consumer shall have the right to withdraw from the purchase contract within fourteen (14) days from the date on which the consumer or a third party other than the carrier designated by the consumer takes delivery of the goods or the last item of goods if the consumer orders several items of goods that are delivered separately in one order or the last item or part of a delivery of goods consisting of several items or parts, in accordance with the provisions of Section 1829(1) and (2) of the Civil Code.
c) Withdrawal from the Purchase Agreement must be sent to D&S TACTICS within the period specified in paragraph 2. The consumer may deliver the withdrawal from the purchase contract, inter alia, to the address of D&S TACTICS' business premises or send it by e-mail to D&S TACTICS' address (e-mail) info@dstactics.com.
d) In the of withdrawal from the purchase contract, the purchase contract is cancelled from the outset. The goods shall be returned or handed over to D&S TACTICS by the consumer without undue delay, at the latest within fourteen (14) days of withdrawal. The time limit in the previous sentence shall be maintained if the consumer sends the goods before the expiry of the time limit. If the consumer withdraws from the purchase contract, the consumer shall bear the costs associated with the return of the goods to D&S TACTICS, even if the goods cannot be returned by the usual postal means due to their nature.
e) In the of withdrawal from the Purchase Agreement pursuant to paragraph 2, D&S TACTICS shall refund the funds received from the Consumer within fourteen (14) days of the withdrawal from the Purchase Agreement to the Consumer in the same manner as D&S TACTICS received from the consumer. D&S TACTICS shall also be entitled to return the performance provided to the Consumer upon return of the goods by the Consumer or otherwise, provided that the Consumer agrees to this and no further costs are incurred by the Consumer. If the consumer withdraws from the contract of sale, D&S TACTICS is not obliged to return the funds received to the consumer before the consumer has received the goods.
f) Claim for payment of damages to the goods, D&S TACTICS is entitled to unilaterally set off against the consumer's claim for a refund of the purchase price.
g) In cases where the consumer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the company shall
D&S TACTICS is also entitled to withdraw from the purchase contract at any time until the consumer has taken delivery of the goods. In such a case, D&S TACTICS shall refund the purchase price to the consumer without undue delay, without any delay, to the account designated by the consumer.
h) If a gift is given to the consumer together with the goods, the gift contract between D&S TACTICS and the consumer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the consumer shall be obliged to return the gift to D&S TACTICS together with the goods.
IX. Special arrangements for goods handed over to the consumer at the seller's premises
a) Certain types of goods are subject to legislation that allows D&S TACTICS to hand over goods only to a qualified person at the seller's premises.
b) D&S TACTICS reserves the right to specify, for any goods offered, that they will be delivered to the consumer only at the seller's premises.
c) The consumer is entitled to goods ordered in the user account via the company's web interface, which he/she receives at the premises D&S TACTICS, to inspect the goods, test their quality and reasonably test their functionality before taking delivery. Goods so handed over shall not be subject to the off-site purchase agreement and shall be withdrawn from the contract the consumer is entitled to withdraw only by refusing to accept the goods.
d) In the of withdrawal from a purchase contract concluded pursuant to paragraph 1, the purchase contract shall be cancelled from the outset.
e) The provisions of Article VIII, paragraphs 5, 7 and 8, shall apply mutatis mutandis to the withdrawal from a contract concluded pursuant to paragraph 1.
X. Rights from defective performance
a) The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
b) D&S TACTICS shall be liable to the Buyer that the item is free from defects upon receipt and that:
- it corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
- it is suitable for the purpose for which the buyer requires it and to which D&S TACTICS has agreed,
- and is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
c) D&S TACTICS shall be liable to the Purchaser that, in addition to the agreed features:
- is the item is fit 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 practice, if there are no technical standards,
- 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 can reasonably expect, including in the light of public statements made by D&S TACTICS or any other person in the same contractual chain, in particular by advertising or labelling, unless he proves to D&S TACTICS that he was not aware of it or that it was modified at the time of the conclusion of the purchase contract in a manner at least comparable to that in which it was made or that it could not have influenced the purchase decision,
- the item is delivered with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect; and
- the item corresponds in quality or workmanship to the sample or sample provided to the buyer by D&S TACTICS prior to the conclusion of the purchase contract.
d) The preceding paragraph does not apply if D&S TACTICS has specifically notified the Buyer prior to the conclusion of the Purchase Agreement that a feature of the item is different and the Buyer has expressly agreed to this when concluding the Purchase Agreement.
e) D&S TACTICS shall also be liable to the Purchaser for any defect caused by improper assembly or installation performed by or under the responsibility of D&S TACTICS pursuant to the Purchase Agreement.
f) The buyer may complain about a defect that becomes apparent within two years of receipt. If the defect manifests itself within one year of receipt, the item shall be deemed to have been defective upon receipt, unless the nature of the item or the defect precludes it. This period shall not run for the time during which the buyer cannot use the goods if he has rightly complained of the defect.
g) If the item has a defect, the buyer may demand its removal. He may, at his option, require the delivery of a new item without the 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 item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the buyer. D&S TACTICS may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the item would have had without the defect.
h) D&S TACTICS shall remedy the defect within a reasonable time after the defect has been pointed out so as not to cause significant inconvenience to the purchaser, taking into account the nature of the item and the purpose for which the purchaser bought the item. To remedy the defect, D&S TACTICS shall take possession of the item at D&S TACTICS' premises at its own expense. If the dismantling of the item, which assembly has been carried out in accordance with the nature and purpose of the item before the defect has become apparent, D&S TACTICS shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.
i) The buyer may demand a reasonable discount or withdraw from the purchase contract if
- D&S TACTICS has refused or failed to remedy the defect in accordance with the terms and conditions
- the defect appears repeatedly
- the defect is a material breach of the purchase contract,
- it is apparent from D&S TACTICS's representations or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the purchaser.
j) If the defect is insignificant, the buyer cannot withdraw from the purchase according to the previous paragraph. If the Buyer withdraws from the Purchase Contract, D&S TACTICS shall refund the Purchase Price to the Buyer without undue delay after the Buyer has received the Item or the Buyer proves that it has shipped the Item.
k) The defect can be blamed on D&S TACTICS, the company from which the item was purchased. If, however, another person is appointed to repair the defect at the location of D&S TACTICS or at a location closer to the buyer, the buyer shall reproach the person appointed to carry out the repair.
l) Except in cases where another person is designated to carry out the repair, D&S TACTICS is obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or even at its registered office. D&S TACTICS is obliged to issue a written confirmation to the purchaser when making a claim, stating the date on which the Buyer made the claim, what is the content of the claim, the method of handling the claim requested by the Buyer and the Buyer's contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair
m) The claim, 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 claim, unless D&S TACTICS agrees with the Buyer on a longer period. If the subject of the commitment is the provision of digital content, including digital content delivered on tangible media, or digital service content, the claim must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.
n) After the expiry of the time limit according to the terms and conditions, the the buyer may withdraw from the contract or demand a reasonable discount.
o) D&S TACTICS is obliged to issue the Buyer with a confirmation of the date and manner of the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons appointed to carry out the repair.
p) The buyer can specifically exercise his/her rights under the liability for defects by e-mail to the address of D&S TACTICS (e-mail) info@dstactics.com
q) Whoever has a right from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the purchaser does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if D&S TACTICS argues that the right to compensation was not exercised in time.
r) Further rights and obligations of the parties relating to D&S TACTICS' liability for defects may be regulated by D&S TACTICS' Complaints Procedure.
s) D&S TACTICS or any other person may also provide the purchaser with a guarantee of quality in addition to the purchaser's statutory rights in respect of defective performance.
XI. Other rights and obligations of the parties
a) The buyer acquires ownership of the goods sold at the moment of receipt of the goods at the premises or at the moment of dispatch of the consignment with the goods to the buyer.
b) D&S TACTICS is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.
c) The Buyer may be delivered to the Buyer's electronic address (e-mail, data box).
d) Consumer complaints are handled by D&S TACTICS via email. Complaints can be sent to the electronic address of D&S TACTICS. Information about the handling of the buyer's complaint will be sent by D&S TACTICS to the buyer's electronic address. No other rules for handling complaints are set by D&S TACTICS.
e) The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from consumer contracts for the purchase of goods and the provision of services. The online dispute resolution platform located http://ec.europa.eu/consumers/odr can be used to resolve disputes between D&S TACTICS and the buyer under the purchase contract.
f) The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 (the Resolution Regulation). Regulation on online consumer disputes).
g) The buyer may lodge a complaint with the supervisory authority or the state supervisory authority. D&S TACTICS is authorised to sell goods under a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision 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 the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended within a defined scope.
h) The applicable law for contracts concluded under these Terms and Conditions is the law of the Czech Republic, the applicable language is Czech and the applicable court is the District Court for Znojmo in cases decided by district courts and the Regional Court in Brno in cases decided by regional courts in cases where there is no out-of-court settlement of consumer disputes.
i) If the relationship established by the contract of sale contains an international (foreign) element, then the buyer who is the consumer is aware that it is a specific service where the services are provided to the consumer exclusively in a country other than his/her country of habitual residence, thus Article 6(1) and (2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) does not apply.
j) The buyer hereby assumes the risk of change of circumstances in the sense of § Section 1765(2) of the Civil Code.
XII. Personal data protection
D&S TACTICS fulfils its information obligation towards the Purchaser within the meaning of Article 13 of Regulation 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 and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") in relation to the processing of the Purchaser's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of D&S TACTICS' public law obligations by D&S TACTICS by means of a separate document.
XIII. Sending commercial communications and storing cookies
a) The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
b) The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document.
2. SPECIAL PROVISIONS FOR CERTAIN TYPES OF CONTRACTS
XIV. Conditions of participation in the training course
a) Courses provided by D&S TACTICS are leisure services where the contract specifies the date or period of provision of these services.
b) According to Section 1837(j) of the Civil Code, the consumer cannot withdraw from a contract already concluded.
c) The purchaser is entitled to cancel the training course order in writing no later than 14 days before the scheduled date of the course by sending a cancellation request by e-mail to D&S TACTICS (e-mail) .info@dstactics.com
d) In the event of cancellation of an order under paragraph 3, the purchaser is entitled to a refund of 100% of the price already paid for the course, which will be returned to the bank account from which the order was paid upon his/her written request; in the event of partial or full payment by voucher (Article XVII.), the voucher may be used again or a new voucher will be issued under identical conditions and with the validity period of the voucher used and the amount paid in excess of the voucher will be refunded.
e) At a time later than 14 days prior to the scheduled date of the course, the purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code, and the course order can no longer be cancelled. The Purchaser may transfer participation in the course to another person in agreement with this third party and with the approval of D&S TACTICS; in this case, the Purchaser shall be deemed to have purchased the course for that third party at his/her own expense. D&S TACTICS also reserves the right to refuse such person pursuant to Article VI.
f) In justified cases, D&S TACTICS may make an exception to the cancellation policy and offer a refund at its discretion.
g) Prior to sending the order to D&S TACTICS, the Buyer is allowed to check and modify the input data entered by the Buyer, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order.
h) The buyer sends the order to D&S TACTICS by clicking on the "ORDER" button. The information provided in the order is deemed correct by D&S TACTICS. D&S TACTICS will acknowledge receipt of the order to the Buyer by e-mail to the Buyer's e-mail address specified in the order, unless the order for goods or services is rejected by D&S TACTICS pursuant to Article VI.
i) D&S TACTICS is always entitled, depending on the nature of the order (scope of rental or number of persons), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
j) The contractual relationship between D&S TACTICS and the Buyer is established by delivery of the order acceptance (acceptance), which is sent to D&S TACTICS at the Buyer's e-mail address specified in the order.
k) Training courses in the basic price include instruction according to the established D&S TACTICS curriculum, materials or aids in electronic or printed form, etc. (to the extent specified in the terms and conditions of the training event), instructor's interpretation and the issuance of a D&S TACTICS certificate of completion of the course.
l) The Purchaser understands that training courses are generally conducted in outdoor environments, in particular outdoor ranges, grounds and buildings, airports, which simulate non-standard situations based on the specific training course and are conducted in a variety of weather and other conditions. The purchaser is obliged to attend in appropriate clothing, footwear and, where applicable, protective equipment appropriate to the type and difficulty of the training course and the weather, and to bring spare clothing and footwear where appropriate.
m) The Purchaser understands that the training courses have (depending on the course) a higher level of physical or mental stress. It is forbidden to take the course under the influence of alcohol, addictive substances or drugs that impair the ability to concentrate or orient oneself or if the participant is ill.
n) The buyer is obliged to comply with the applicable regulations relating to shooting courses, in particular Act 119/2002 Coll, By participating in the course, the Purchaser confirms that he/she has been informed of the regulations of the shooting range and undertakes to obey the instructions of the authorised persons of D&S TACTICS, in particular the range manager, the armourer and the instructors (hereinafter referred to as "authorised person of D&S TACTICS"). The Purchaser shall comply with the safety conditions set out in Part XVIII of the Terms and Conditions.
o) In the where the purchaser orders the rental of a weapon during the course, it is the rental of a movable object and, under the conditions stipulated by law, the entrustment of the weapon for the period of his physical presence at the venue of the course under the supervision of an authorized person of D&S TACTICS and for the purpose of completing the course. No ammunition of the purchaser's own may be used with the hired weapon unless otherwise agreed between the purchaser and D&S TACTICS. The purchaser shall obey any instructions given by an authorized person of D&S TACTICS.
p) If the purchaser orders ammunition for the course which he is not entitled to take possession of, this does not become the property of the purchaser, but is a lease of movable property, subject to the law the ammunition for the duration of his physical presence at the course venue, under the supervision of an authorised D&S TACTICS person and for the purpose of completing the course the course (consumption of ammunition). The remaining ammunition shall be returned by the purchaser to D&S TACTICS at the end of the entrustment of the weapon pursuant to paragraph 11. In the case of multi-day courses, the D&S TACTICS authorised person shall retain the ammunition at the end of each block or interruption of the course.
q) In the that the purchaser orders ammunition for the training course and proves the right to take possession of such ammunition, the conditions of sale of the goods shall apply according to the terms and conditions of the goods delivered at the Seller's premises (Article IX).
r) In the that the purchaser orders any other item from the D&S TACTICS catalogue for the course, this shall be a rental of the movable item for a fixed period of time, for the duration of the course; in the case of multi-day or otherwise split courses, D&S TACTICS, through an authorised person of D&S TACTICS, shall be entitled to request the return of the items at the end of each block or interruption of the course for safekeeping.
s) In the that any item is made available for loan, it shall be a loan of movable property for a fixed period of time, for the duration of the course; in the case of multi-day or otherwise split courses, D&S TACTICS, through D&S TACTICS's designee, shall be entitled to reclaim the items at the conclusion of any block or break in the course for safekeeping.
t) The Purchaser is obliged to comply with the applicable regulations relating to the parachute course, in particular the operating rules of the given aerodrome, to follow the instructions of the authorised persons of D&S TACTICS, in particular the aerodrome manager, instructors (hereinafter referred to as the "authorised person of D&S TACTICS"). By participating in the course, the Purchaser confirms that he/she has been acquainted with the operating rules of the given aerodrome and undertakes to follow them unconditionally and to obey the instructions of the authorised person of D&S TACTICS. The purchaser shall comply with the safety conditions set out for the drop course. The movement of all persons on the aerodrome is subject to the operating rules of the aerodrome
u) The Purchaser is also obliged to comply with the applicable regulations relating to other types of courses and to follow the instructions of the authorised persons of D&S TACTICS ("D&S TACTICS Authorised Person"). By attending the course, the Purchaser acknowledges that he/she has been informed of the safety precautions and undertakes to follow them unreservedly and to obey the instructions of the D&S TACTICS Authorised Person. The Purchaser shall comply with the safety conditions set out for each course.
v) If the purchaser commits a gross safety violation during the training course or repeated safety violations, or is unable to complete the course due to health or personal safety concerns, the instructor or range manager shall have the right to exclude the purchaser from the training course without refund of the course fee or any other costs incurred by the purchaser in connection with the course. In justified cases (e.g. sudden medical disability), D&S TACTICS may offer a refund at its discretion.
w) If the buyer does not complete the course by his own choice, he does not have be entitled to a refund of the course price or any other costs incurred by the purchaser in connection with the course (e.g. gun rental).
x) D&S TACTICS reserves the right to cancel a course order if the minimum capacity of the training course is not met or if it is necessary to ensure the safety of persons and property (e.g. in the event of significantly adverse weather conditions). In this connection, the purchaser may also cancel orders for courses in which participation is conditional upon completion of the cancelled course.
y) D&S TACTICS shall inform the Purchaser of the cancellation of the order of D&S TACTICS or a part thereof (one or more courses from the ordered set of courses) pursuant to the preceding paragraph electronically to the Purchaser's electronic address. Upon cancellation of the order, the Buyer will be notified at upon his written request sent by e-mail to D&S TACTICS (e-mail) info@dstactics.com, the full price paid will be refunded back to the bank account from which such payment was received to the bank account of D&S TACTICS within 10 working days from the date of receipt of refund request.
XV. Conditions of participation in the competition organized by D&S Tactics
a) Competition means a sporting competition organised by D&S TACTICS.
b) Competitions can be shooting or any other competition.
c) The following terms and conditions and the rights and obligations of the purchaser apply to the entrant for entry.
d) The rules of the competition will be published by D&S TACTICS on the company's web interface and are binding for the contestants.
e) If general rules of a sport discipline or sport area are announced, the competitors are bound by these rules in relation to safety on the D&S TACTICS premises where the competition is held.
f) Authorized persons for the competition are authorized persons of D&S TACTICS and representative(s) of the organizer and the race referee.
g) Each competitor in the competition, which includes shooting with weapons sk. A, A-I, B or C is obliged to present a valid firearms licence at the presentation, unless it is a person without a firearms licence admitted to the competition according to the following paragraph.
h) D&S TACTICS may admit a person who is not a holder of a firearms license to the competition under the first sentence by the disposition of the competition or by individual exemption. A person not holding a firearms licence who has been admitted to the competition shall shoot under the supervision of a responsible person in accordance with Act 119/2002 Coll., the Weapons and Ammunition Act, as amended. The responsible person is considered the competitor's coach in the competition and is obliged to observe the rules of the competition and may not interfere in any way with the competitor's sporting performance.
i) The conditions for participation in the competition are also subject to the conditions for participation in the training course pursuant to Article XIV.
XVI. Conditions of renting the shooting range
a) The rental of a shooting range or shooting range provided by D&S TACTICS is a service provided in connection with the use of leisure time, where the contract specifies the date or period for the provision of such services ("rental").
b) According to Section 1837(j) of the Civil Code, a consumer cannot withdraw from a lease contract already concluded.
c) The purchaser is entitled to cancel the rental order in writing no later than 14 days before the scheduled date of the course by sending a cancellation request by e-mail to D&S TACTICS (e-mail) .info@dstactics.com
d) At a time later than 14 days prior to the date of the planned rental of the shooting range (shooting range), the purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code, and the course order can no longer be cancelled. The Purchaser may assign the rental to another person in agreement with this third party and with the approval of D&S TACTICS; in this case, the Purchaser shall be deemed to have purchased the course for this third party at his own expense. D&S TACTICS also reserves the right to refuse such person pursuant to Article VI.
e) In the event of cancellation of an order under paragraph 3, the Buyer is entitled to a refund of 100% of the rental price already paid, which will be returned to the bank account from which the order was paid upon written request.
f) In justified cases, D&S TACTICS may make an exception to the cancellation policy and offer a refund at its discretion.
g) The purchaser is obliged to attend the shooting range in appropriate clothing, footwear and, if necessary, protective equipment appropriate to the type and difficulty of the activity to be carried out on the shooting range, as well as the weather, or to have spare clothing and footwear with them.
h) The buyer undertakes to get acquainted with the shooting range operating rules before entering the shooting area and to follow the shooting range operating rules.
i) The purchaser is obliged to comply with the applicable regulations relating to the shooting range, in particular Act 119/2002 Coll., on weapons and ammunition, as amended, the operating rules of the shooting range, and the instructions of the authorized persons of D&S TACTICS. By participating in the course, the purchaser confirms that he/she has been acquainted with the regulations of the shooting range and undertakes to obey the instructions of the authorized person of D&S TACTICS without reservation. The purchaser shall comply with the safety conditions set out in section C. of the terms and conditions.
XVII. Conditions for purchasing and redeeming the voucher
a) A voucher is a document issued by D&S TACTICS that serves to pay in full or in part for the purchase of goods or services of D&S TACTICS in the amount of its face value as determined by D&S TACTICS (per amount) or for the full payment of a specific training course offered by D&S TACTICS (per course) in the offer on the Company's web interface (hereinafter referred to as "voucher").
b) The voucher may be referred to on the Company's website as a "voucher", "gift voucher" or "gift certificate".
c) Purchasing a voucher for a specific course purchases a specific course service that can be redeemed within 1 year of the voucher's validity.
d) The purchase of a cash value voucher purchases cash value that can be redeemed together with any additional cash payment for the purchase of goods or services for a period of 1 year from the date of purchase.
e) The voucher contains the name "gift certificate", the designation of the services that are the subject of the voucher, the details of D&S TACTICS and a unique voucher code number; the voucher may optionally contain additional text, such as the name of the voucher recipient and a dedication, if applicable.
f) When purchasing, the buyer selects "PERSONAL COLLECTION" as the delivery method. The voucher will be delivered electronically in PDF format to the buyer's electronic address. The conditions of purchase of the voucher are also subject to the conditions of participation in the training course pursuant to Article XIV.
XVIII. Safety notices in locations of weapons activities
a) D&S TACTICS, in accordance with Section 2896 of the Civil Code, warns the purchaser of the dangers of moving around the shooting range and other places of shooting, as well as handling weapons.
b) The safety conditions for the movement of persons on the shooting range and shooting ranges are supplemented by the safety conditions set out in the operating regulations of the shooting range issued on the basis of Act 119/2002 Coll., the Act on Weapons and Ammunition, as amended, and within its limits.
c) Buyer acknowledges that being on the range and in areas where firearms are handled is always an increased risk to life, limb or property, regardless of the level of security provided by D&S TACTICS.
d) The Buyer declares that he/she has knowingly and freely chosen to bear this risk.
e) Persons who are on the firing range or handle weapons or are within range of the weapon when handling them are exposed to the dangers arising from the movement of dynamic parts of the weapon, recoil, failure of the weapon and its mechanism, hearing damage, eye damage, risk of burns, risk of gunshot and other injuries, and are therefore required to use appropriate protective equipment to the extent necessary, in particular eye and hearing protection, as well as suitable clothing and footwear.
f) The Purchaser declares that he/she is aware that while present at the shooting range when it is open for firing or while handling any weapon in the places (premises) where the performance of the Contract under these Terms and Conditions by D&S TACTICS takes place, he/she must not be under the influence of alcohol, addictive substances or drugs or any disease that impairs the ability to concentrate or orientate.
g) Everyone, who is on the shooting range or in the course area is obliged to handle the weapon in such a way as to avoid unjustified harm, to respect the operating or visitor regulations in the area in which he/she is located, and to always respect the instructions of the authorized person.
h) Everyone, who is on the shooting range is obliged to respect the rules of the shooting range and the instructions of the authorized person.
i) Always treat a firearm as if it were loaded!
j) The Purchaser understands that D&S TACTICS specifically recommends that the Purchaser obtain special insurance for himself/herself in the event of injury him/herself or another person as part of an educational course, competition or while at the range.
3. COMMON AND FINAL PROVISIONS
XIX. Common provisions
a) 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.
b) In the case of interpretation of individual provisions, the interpretation in the direction of the special provision to the general provision, namely the additional written contractual arrangement (contract amendment), takes precedence over the specific published procedure, if it has been referred to in the specific terms and conditions, over the specific published procedure, if it has been referred to in the General Terms and Conditions, before a specific provision of the General Terms and Conditions, before the General Terms and Conditions.
c) In the case of interpretation of individual provisions which are equivalent under paragraph 2, the interpretation of the newer provision shall prevail over the older provision.
XX. Final Provisions
a) The contract, including the terms and conditions, is archived by D&S TACTICS in electronic form and is not accessible.
b) These General Terms and Conditions, as part of the Purchase Contract, supersede any prior agreements between the parties concerning mutual rights and obligations that may apply to the purchase and sale of the Goods under the Purchase Contract.
c) These Terms and Conditions shall come into force and effect on 1 January 2025.