Terms and Conditions
Terms and Conditions
of the business company PLAYBAG s.r.o., with its registered office at Jateční 523, Prštné, 760 01 Zlín, Company ID No. (IČO) 07116845, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 106240
For the distance sale of goods through the on-line shop located at the website www.playbag.cz
- These terms and conditions (hereinafter the "terms and conditions" or "TC") of the business company PLAYBAG s.r.o., with its registered office at Jateční 523, Prštné, 760 01 Zlín, Company ID No. (IČO) 07116845, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 106240 (hereinafter the "seller") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "purchase contract") concluded between the seller and another natural or legal person (hereinafter the "buyer") through the seller's online shop. The online shop is operated by the seller at the website https://www.playbag.cz (hereinafter the "e-shop"), through a web page interface (hereinafter the "web interface of the shop"). These terms and conditions shall further apply to the sale of goods on the basis of a purchase contract concluded by telephone and, as appropriate, also where the buyer sends an order by e-mail or via the webchat available on the web interface of the shop.
- These terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts within the scope of their business activity or within the scope of the independent exercise of their profession. Separately agreed contractual conditions apply to such cases.
- Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
- The provisions of the terms and conditions form 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 may be concluded in the Czech language. The seller may enable automatic machine translation of the content within the web interface of the shop, or offer parts of the content in translation into other languages.
- The seller may amend or supplement the wording of the terms and conditions. Any such amendment or supplement shall not affect the rights and obligations of the buyer arising during the period of validity of the previous wording of the terms and conditions.
- On the basis of the buyer's registration made on the e-shop, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the "user account"). Registration of the buyer on the e-shop is not a necessary condition for making a purchase on the e-shop.
- When registering on the e-shop and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account upon any change. The data stated by the buyer in the user account and when ordering goods are considered by the seller to be correct and complete.
- Access to the user account is secured by a username and password chosen by the buyer upon registration on the e-shop. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
- The buyer is not entitled to allow third parties to use their user account.
- The seller may cancel a user account, in particular where the buyer has not used their user account for more than 12 months, and further where the buyer breaches their obligations under the purchase contract (including the terms and conditions).
- The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
- All presentation of goods placed in the web interface of the shop is of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provision of Section 1732(2) of the Civil Code does not apply.
- The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are stated inclusive of all taxes (e.g. VAT) and related fees, except for the costs of delivery of the goods. Delivery costs vary depending on the method chosen, the carrier and the method of payment of the order. Delivery costs may also be affected by the chosen delivery address, in particular as regards any payment of customs duties, and thus the costs of customs clearance are not included in the price of the goods either. The seller also reserves the right to provide free delivery of goods in selected cases, and the costs of delivery are therefore not included in the price of the goods. The prices of the goods remain valid for the time they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
- The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
- To order goods, the buyer fills in the order form on the e-shop. The order form contains in particular information about:
- the buyer, in particular identification and contact data,
- the goods ordered (the buyer "places" the ordered goods into the electronic shopping cart of the e-shop),
- the method of payment of the purchase price of the goods,
- the requested method of delivery of the ordered goods and the costs associated with delivery of the goods
(hereinafter jointly referred to as the "order").
- Before the binding completion of the order, the buyer is allowed to check and change the data entered in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer completes the order by clicking the "Confirm order" button. The data stated in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms its receipt to the buyer, to the buyer's e-mail address stated in the order (hereinafter the "buyer's e-mail address").
- Depending on the nature of the order (quantity of goods, amount of the purchase price, expected delivery costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone) before the seller confirms acceptance of the order.
- An order completed by the buyer constitutes a proposal to conclude a purchase contract.
- The purchase contract between the seller and the buyer is concluded by the seller's confirmation of acceptance of the order created by the buyer. This confirmation is sent to the buyer's e-mail address. The current wording of the terms and conditions, including the seller's complaints procedure, is attached to the confirmation. A concluded contract, including the purchase price of the goods, may be changed or cancelled only by agreement of the seller and the buyer, or on statutory grounds, unless otherwise stated in the terms and conditions.
- The seller reserves the right not to conclude a contract with the buyer where there are legitimate doubts about the buyer's true identity or in the case of obvious errors in the information stated about the goods or the price. In the case of an obvious error in the information stated about the goods or the price, the seller is also entitled to withdraw from the purchase contract, if it has already been concluded (for example by delivery of an automatic order confirmation). The seller must make such withdrawal no later than 14 days from the moment it became aware of the obvious error, and the withdrawal must also contain a justification and a description of the obvious error in question.
- The buyer consents to the use of means of distance communication when concluding the purchase contract. The buyer bears the costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) themselves, and these costs do not differ from the basic rate.
- The provisions of these terms and conditions shall apply, as appropriate, also to the sale of goods on the basis of a purchase contract concluded by telephone (customer line). Where the buyer places an order via a telephone call with the seller, an employee of the seller may assist them in creating the order. However, the content of the order is at the buyer's disposal; during the creation of the order the buyer may freely change the goods being ordered, as well as their quantity, and it is further at the buyer's discretion which delivery and payment method they choose. The seller shall, without undue delay, issue to the buyer a confirmation of the order in text form (sent in writing to the address or to the e-mail address of the buyer provided by the buyer to the seller during the call). The buyer must accept this confirmation, otherwise they are not bound by the contract. The purchase contract is concluded upon delivery of this confirmation to the buyer. Telephone calls are recorded and stored.
- The buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase contract to the seller in the following ways:
- in cash at the collection point designated by the buyer in the order, if the seller offers such an option at that collection point at the time of conclusion of the purchase contract;
- in cash on delivery (cash on delivery) at the place designated by the buyer in the order;
- by bank transfer to the seller's account no. 2701444973/2010, held with the bank Fio banka, a.s. (hereinafter the "seller's account");
- cashless online via a payment gateway operated by a third party, where the transfer of data from the buyer's payment card is secured by that third party (online banking);
- cashless by payment card;
- through third parties who provide so-called "deferred payments" (through a loan from third parties).
- Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also be understood to include the costs associated with delivery of the goods.
- The seller does not require any deposit or other similar payment from the buyer. A deposit may be required by the seller only by agreement with the buyer, in particular where the goods are special made-to-order goods, or goods that are not in stock, or a quantity of goods that is not usual.
- In the case of payment in cash at the premises or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of conclusion of the purchase contract.
- In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
- The seller is entitled, in particular where the buyer does not provide additional confirmation of the order (Art. 3.6), to require payment of the entire purchase price before the goods are dispatched to the buyer. The provision of Section 2119(1) of the Civil Code does not apply.
- The seller provides its customers with various discount, gift or other vouchers. The use of these vouchers is governed by rules of which the seller informs in each specific case. In order for the buyer to be entitled to a discount, the discount code must be in their order. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with one another. Unless otherwise stated, each discount or gift voucher may be used only once. A price discount may also be provided automatically (without a discount code), to a buyer who has a user account with the seller.
- The seller shall issue a tax document — an invoice — to the buyer in respect of payments made under the purchase contract. The seller is a value added tax payer. The seller shall send the tax document — invoice — to the buyer after the dispatch of the goods, in electronic form to the buyer's e-mail address.
- In the case of a purchase contract concluded by distance means, the buyer has the right to withdraw from the purchase contract without giving a reason within fourteen (14) days of receipt of the goods. This right follows directly from the law, specifically from the provision of Section 1829(1) of the Civil Code. The seller grants buyers a period for withdrawal from the contract longer than the statutory scope, namely thirty (30) days from the date of receipt of the goods. Where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the said period. If the buyer withdraws from the contract, they shall send or hand over to the seller, without undue delay and no later than fourteen days from the withdrawal from the contract, the goods they received from the seller. The period is observed if the buyer sends the goods before its expiry. To withdraw from the purchase contract, the buyer may use the form HERE. This form is also an annex to the terms and conditions. The buyer shall send the withdrawal from the purchase contract:
- in writing to the seller's address PLAYBAG s.r.o., Jateční 523, 76001 Zlín, or
- in writing to the seller's e-mail address info@playbag.cz.
- Exchange of goods. Where, within the period for withdrawal from the contract under Art. 5.1 of these TC, the buyer expresses interest in exchanging the goods, they shall proceed in accordance with the preceding paragraphs, i.e. they withdraw from the contract, return the goods to the seller and subsequently order new goods according to their requirement.
- The buyer acknowledges that, pursuant to the provision of Section 1837 of the Civil Code, it is not possible to withdraw:
- in the case of contracts for the supply of goods adjusted according to the buyer's wishes or for their person (this concerns in particular goods for which the buyer used the option of individualisation of the goods, e.g. through an individually chosen combination of colours, through engraving, etc.) (such goods hereinafter also referred to as "Custom-made Goods")
- in the case of contracts for the supply of services or goods whose price depends on fluctuations of the financial market independent of the seller's will;
- and in the case of contracts for goods that are perishable, goods that have been irreversibly mixed with other goods, or goods removed from sealed packaging that cannot be returned for hygiene reasons.
- In the case of withdrawal from the purchase contract under Art. 5.1 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the buyer's withdrawal from the contract (unless they were already sent with the written withdrawal). The goods must be returned complete, preferably (but not necessarily) in the original packaging. The returned goods must not show signs of wear or damage. If the buyer withdraws from the purchase contract, the buyer fully bears the costs associated with returning the goods to the seller, even where the goods cannot be returned by the usual postal route due to their nature.
- In the case of withdrawal from the contract under Art. 5.1 of the terms and conditions, the seller shall return the funds received from the buyer without undue delay, no later than fourteen (14) days from the buyer's withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the buyer's return of the goods or in another manner, provided that the buyer agrees and no additional costs are incurred by the buyer. The buyer is entitled to a refund of the funds for delivery of the goods, in the lowest offered amount (where the buyer chose a more expensive delivery method). 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 or proves that the goods have been sent to the entrepreneur.
- The period under Art. 5.1 is granted to the buyer so that the buyer can familiarise themselves, to a reasonable extent, with the nature, characteristics and functionality of the goods. Where the returned goods are damaged by a breach of the buyer's obligation, the seller is entitled to assert against the buyer a claim for compensation for damage (the amount of the claim depends on the reduction in the value of the goods). The seller is entitled to unilaterally set off the claim for compensation for damage incurred on the goods against the buyer's claim for the refund of the purchase price.
- It is also possible to withdraw from the contract before delivery of the goods, on the basis of cancellation of the order. Where the order is cancelled before the commencement of transport of the goods, the cancellation of the order is free of charge.
- The seller is entitled to withdraw from the contract before delivery of the goods, namely where:
- it is objectively unable, for reasons on the part of third parties, to deliver the goods to the buyer within a period appropriate to the circumstances, or
- it comes to light that the buyer breached a contract previously concluded with the seller.
- Where a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to a resolutory condition that, if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods. If the gift is not returned by the buyer, the gift item will be regarded as unjust enrichment. Where it is not readily possible to return the gift item to the seller, the seller is entitled to monetary compensation in the amount of the usual price of the gift item.
- The seller shall deliver the goods to the buyer complete. Goods declared on the e-shop as "in stock" are dispatched by the seller within 5 working days of confirmation of the order, no later than 15 days of confirmation of the order, unless the seller stated a longer delivery period for the specific goods or the specific order.
- The risk of damage to the goods passes to the buyer at the moment of receipt of the goods.
- Where the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with that method of transport.
- Where the seller is, under the purchase contract, obliged to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
- Where, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of this without delay. In the event of a breach of the packaging indicating unauthorised intrusion into the consignment, the buyer need not take over the consignment from the carrier.
- Other rights and obligations of the parties in the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
- Part of the goods supplied by the seller is made of natural materials (in particular leather, hide, textile) and requires specific care and regular maintenance. The buyer is obliged to follow the recommended care instructions supplied together with the goods or stated on the web interface of the shop or in these TC. For all Playbag products it applies that they must not be stored on a damp surface or in a damp environment.
- The seller draws the buyer's attention to the following specific characteristics of the goods it supplies, and by placing an order the buyer acknowledges these facts:
- Leather and other natural materials may, over time and depending on the conditions of storage and use, naturally change shade and structure and exhibit subtle differences (e.g. grain, porosity). These characteristics are not defects, but a natural feature of the material.
- Products made of natural leather that is not coated with a protective polyurethane layer are more prone to abrasions and scratches. This characteristic is not a defect, but a natural feature of the material. Since Playbag products are made largely of natural materials, each product is to a certain extent unique. Photographs of products on the website and in marketing materials are therefore illustrative, as, due to the use of natural materials, the shades and appearance of individual products may differ.
- All Playbag products, unless expressly stated otherwise, are intended for normal everyday use in an urban environment. They are not intended for demanding or extreme climatic conditions (long-term humidity, intense sun, chemicals, mechanical stress).
- The seller is liable to the buyer that the goods are free of defects upon receipt. If the goods received have the shortcomings defined in the Complaints Procedure, these are defects of the goods for which the seller is liable. The buyer may then assert statutory rights from defects against the seller.
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The rights from defective performance that the buyer may assert against the seller are defined in the seller's Complaints Procedure, which is an annex to these general terms and conditions.
- The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provision of Section 1826(1)(e) of the Civil Code.
- All oral and written information about the suitability and possibility of use of the supplied goods is communicated to the best of the seller's knowledge. However, it represents only the experience and knowledge that the seller has acquired itself, from the manufacturer or from its supplier. This arrangement also applies to the online advisory service available on the web interface, through which a potential buyer can communicate with the seller, and further applies to the situation where a potential buyer writes a query to the seller via the web interface, which is sent from a form to the seller's e-mail address.
- The seller handles consumer complaints via the electronic address info@playbag.cz. The seller shall send information about the handling of the buyer's complaint to the buyer's electronic address.
- Supervision of compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.) is exercised by the Czech Trade Inspection Authority (www.coi.cz).
- A buyer who is a consumer has, under the Consumer Protection Act (No. 634/1992 Coll.), the right to out-of-court resolution of a consumer dispute arising from the purchase contract or from a contract for the provision of services. The body competent for the out-of-court resolution of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, website: www.coi.cz. The out-of-court resolution of a consumer dispute is commenced exclusively upon the consumer's proposal, and only where it has not been possible to resolve the dispute directly with the seller. The proposal may be submitted no later than 1 year from the date on which the consumer first asserted, with the seller, the right that is the subject of the dispute. The consumer has the right to commence out-of-court resolution of the dispute online, via the platform located at the website http://ec.europa.eu/consumers/odr.
- The buyer may address a complaint to a supervisory or state supervision body. The seller is authorised to sell goods on the basis of a trade licence. Trade licence inspection is carried out, within its competence, by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- The controller of personal data provided for the purpose of performing the subject of the contract is the seller.
- The seller fulfils its information obligation towards the buyer within the meaning of Art. 13 of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR Regulation"), relating to the processing of the buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the seller's public-law obligations, by means of a separate document (Rules for the Protection and Processing of Personal Data).
- The seller is interested in ascertaining buyers' satisfaction with their purchase. It ascertains satisfaction by means of e-mail questionnaires within the framework of the Verified by Customers programme (operated by the Heureka.cz portal) and within the framework of reviews provided by the Zboží.cz portal, in which its e-shop is involved. The legal basis for the processing in this case is, in accordance with Article 6(1)(f) of the GDPR, the legitimate interest of the controller, which consists in ascertaining the buyer's satisfaction with the purchase made with the controller. The questionnaires are sent after each purchase from the e-shop, unless the buyer, within the meaning of Section 7(3) of Act No. 480/2004 Coll. on certain information society services, refuses the sending of this questionnaire or revokes their previously granted consent. For sending the questionnaires, evaluating buyers' feedback and analyses of market position, the seller uses the following processors:
- The operator of the Heureka.cz portal; for these purposes the seller may transfer to it information about the purchased goods and the buyer's e-mail address. The operator of the Heureka.cz portal is entitled to use the transferred e-mail address solely for the purpose of generating and sending a satisfaction questionnaire within the meaning of the Terms of the Verified by Customers programme available HERE. The buyer may at any time object to the sending of e-mail questionnaires within the Verified by Customers programme by refusing further questionnaires using the link in the questionnaire e-mail. In the event of an objection, the questionnaire will no longer be sent to the buyer.
- The operator of the Zbozi.cz portal; to which the buyer's e-mail address and information about the specific purchase are transferred. The buyer may at any time object to the sending of e-mail questionnaires via the Zboží.cz service, either directly in the shopping cart or by clicking the link in the delivered questionnaire e-mail. The terms of the Zbozi.cz service are available at the website: https://napoveda.zbozi.cz/pravidla-a-podminky/.
- In the case of delivery of written communications between the contracting parties, the seller's registered office and the buyer's place of residence stated in the order are considered the delivery address.
- Both the seller and the buyer expressly acknowledge that communications may be delivered to them via their e-mail addresses.
- If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By the choice of law under the preceding sentence, a buyer who is a consumer is not deprived of the protection afforded to them by the provisions of the legal order from which it is not possible to derogate by agreement, and which, in the absence of a choice of law, would otherwise apply pursuant to Article 6(1) 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).
- 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 does not affect the validity of the other provisions.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The seller is entitled to unilaterally amend these terms and conditions at any time, whereby the terms and conditions in the wording in force at the time the purchase contract was concluded apply to the legal relationship between the seller and the buyer.
- The annexes to the terms and conditions consist of the Complaints Procedure and the Model Form for Withdrawal from the Purchase Contract.
- The seller's contact details:
- delivery address: Jateční 523, Prštné, 760 01 Zlín
- e-mail address: info@playbag.cz
- telephone: 773 240 611
These terms and conditions are effective from 20 August 2025.
PLAYBAG.CZ s.r.o.
Jan Boruta, Managing Director
Our company PLAYBAG s.r.o., with its registered office at Jateční 523, Prštné, 760 01 Zlín, Company ID No. (IČO) 07116845, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 106240 (hereinafter also the "company") hereby provides to its potential customers who are in the position of a consumer pursuant to Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), and whose dealings with the company are directed towards the conclusion of a purchase contract, the subject of which is the supply and possibly also the assembly of goods ordered by the buyer, the following notice within the meaning of Section 1811 et seq. of the CC (hereinafter also the "Notice").
- Definitions of Terms
Unless expressly stated otherwise, the following terms used in this Notice have the following meaning:
- A consumer contract is a contract where its contracting parties are, on one side, a consumer and, on the other side, an entrepreneur.
- A consumer is, within the meaning of Section 419 of the CC, every individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them.
- An entrepreneur is, within the meaning of Section 420 of the CC, a person who independently carries out, on their own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for the purpose of making a profit. For the purposes of consumer protection and for the purposes of Section 1963 of the CC, an entrepreneur is also considered to be any person who concludes contracts related to their own business, manufacturing or similar activity or in the independent exercise of their profession, or a person who acts in the name of or on behalf of an entrepreneur.
- The buyer for the purposes of this Notice means a consumer who concludes a purchase contract with the company.
- The goods for the purposes of this Notice means the subject of the purchase contract.
Where a purchase contract is concluded between the company and the buyer and the purchase contract includes an arrangement deviating from this Notice, the arrangement contained in the purchase contract takes precedence.
Designation of the Goods and Description of Their Main Characteristics
- The designation of the goods and the description of their main characteristics are stated on the company's website at www.playbag.cz, individually for each item of goods, or by means of a link to other websites (manufacturer, distributor, etc.). In the case of conclusion of a contract in another manner (e.g. by e-mail communication), the designation of the goods and the description of their main characteristics are stated in the company's offer, which is handed over to the buyer (e.g. sent to their communication e-mail) before the conclusion of the contract.
Price of the Goods, or the Method of Its Calculation Including All Taxes, Fees and Other Similar Monetary Payments
- The price of the goods corresponds to the price stated in the valid price list of goods, which is available from the company on request.
- The company reserves the right to change prices before the conclusion of the purchase contract, in the case of a change in exchange rates, a significant increase in inflation or significant changes in supply conditions at manufacturers and other suppliers of goods, at any time before the conclusion of the purchase contract. The price of the goods may further be changed in the case of the buyer's requirements for a different quality or scope of goods. The company is obliged to inform the buyer of any change in the price of the goods before the conclusion of the purchase contract.
- The price of the goods is always final, in the relevant currency, including VAT. The price of the goods does not include the cost of transport or any cash-on-delivery fee, which will be displayed only in the final phase of the purchase in the cart. The price of the goods further does not include the costs associated with any complaint. These additional costs will be added to the price of the goods after the conclusion of the contract.
- The company reserves the right to offer buyers so-called surcharges. When ordering goods (whether for specific goods or for all items) in the cart, the company is entitled to add a so-called checkbox, through which the company offers the buyer additional options relating to the ordered goods (e.g. eco packaging, consignment insurance, extended return period, etc.). If the buyer expresses interest in ordering an additional service, they tick the relevant checkbox, whereby ticking the checkbox extends the buyer's proposal to conclude the purchase contract precisely by the additional service, always for a surcharge whose amount the company is obliged to state in the checkbox in a visible manner.
Method of Payment and Method of Delivery or Performance, Delivery Costs
- Information about payment methods and delivery options is stated in the company's terms and conditions. The method of payment and the method of delivery or performance are chosen by the buyer themselves when placing the order, whereby the chosen method cannot subsequently be changed without the company's consent.
- The costs of delivery of goods ordered via the company's e-shop are stated for each delivery method within the order of goods. The costs are charged to the buyer depending on the delivery method they choose. The buyer also chooses the delivery method, and thus the delivery costs, in the case of conclusion of the purchase contract in another manner (e.g. via e-mail). By choosing the delivery method, the buyer also agrees to the relevant delivery costs, which they must pay for the delivery of the goods.
- If the amount of these costs cannot be determined in advance, the company is entitled to charge these costs additionally pursuant to Section 1811(2)(e) of the CC.
Information on Rights Arising from Defective Performance and the Conditions for Asserting These Rights
- General Provisions
- Within this Art. V, the company sets out the procedure for asserting the right from defective performance, the conditions for its assertion, the conditions for withdrawal from the contract and other related questions concerning complaints about goods, where the contract refers to complaints.
- The conditions stated in this Art. V of the Notice are, at the moment of conclusion of the purchase contract, binding for both the company and the buyer, and both parties undertake to comply with these conditions. By concluding the purchase contract and taking over the goods, the buyer confirms that they have duly familiarised themselves with these conditions and at the same time agrees with the wording of these conditions, with the company's warranty conditions, if issued, and at the same time undertakes to provide the company with the cooperation necessary to handle the complaint. Otherwise, the periods for complaints about the goods are necessarily extended by the period during which this cooperation was not provided.
- For the purposes of this Notice, the subject of a complaint means the goods under the concluded purchase contract.
Receipt of the Goods
- The buyer is obliged to inspect the goods with due care upon receipt. If the buyer discovers defects in the goods, they are obliged to claim the defects without undue delay, as soon as they discover the defect or as soon as the defect manifests itself. If a defect manifests itself within one year of receipt, the goods are deemed to have been defective already upon receipt, unless the nature of the goods or the defect precludes this.
Quality of the Goods upon Receipt and the Company's Liability for Defects in the Goods
- Pursuant to Section 2095 of the CC, the company hands over to the buyer the goods in the agreed quantity, quality and design. Where quality and design are not agreed, the company performs in the quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose.
- In accordance with Section 2161(1) of the CC, the company is liable to the buyer that the goods are free of defects, in particular that, at the time when the buyer took over the goods:
- the goods have the characteristics agreed by the parties in the purchase contract, and, in the absence of such an arrangement, such characteristics as the company or the manufacturer described or which the buyer expected with regard to the nature of the goods,
- the goods are fit for the purpose stated by the company for their use, or for which goods of this type are usually used,
- the goods correspond in quality to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
- the goods are in the corresponding quantity, measure or weight under the purchase contract,
- the goods comply with the legal regulations.
- If a defect manifests itself within twelve months of receipt, the goods are deemed to have been defective already upon receipt.
- The buyer is entitled to assert a right from a defect that occurs in consumer goods within twenty-four months of receipt of the goods. Where a period during which the goods may be used is stated on the goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. The provisions of this paragraph do not apply:
- to goods sold at a lower price, to the defect for which the lower price was agreed,
- to wear and tear of the goods caused by their usual use,
- in the case of used goods, to a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or
- where it follows from the nature of the goods.
Rights from Defective Performance
- The goods are defective if they do not have the characteristics stated in para. 5.3(a) of this Notice, or if the company delivers other goods. Defects in the documents necessary for the use of the goods are also considered a defect.
- Pursuant to Section 2106 of the CC, if the defective performance is a material breach of the contract, the buyer has the right:
- to removal of the defect by delivery of a new item without a defect or by delivery of the missing item,
- to removal of the defect by repair of the item,
- to a reasonable discount from the purchase price, or
- to withdraw from the contract.
The buyer shall inform the company which right they have chosen, when notifying the defect, or without undue delay after notifying the defect. The buyer cannot change the choice made without the company's consent; this does not apply where the buyer requested repair of a defect that proves to be irreparable. If the company does not remove the defects within a reasonable period or notifies the buyer that it will not remove the defects, the buyer may, instead of removal of the defect, request a reasonable discount from the purchase price, or may withdraw from the contract. If the buyer does not choose their right in time, they have the rights under the following paragraph of this article.
- If the defective performance is a non-material breach of the contract, the buyer has the right to removal of the defect, or to a reasonable discount from the purchase price. Until the buyer asserts the right to a discount from the purchase price or withdraws from the contract, the company may deliver what is missing or remove the legal defect. Other defects may be removed by the company, at its choice, by repair of the item or by delivery of a new item; the choice must not cause the buyer disproportionate costs. If the company does not remove the defect of the item in time or refuses to remove it, the buyer may request a discount from the purchase price, or may withdraw from the contract. The buyer cannot change the choice made without the company's consent.
- The buyer cannot withdraw from the contract, nor request the delivery of a new item, if they cannot return the item in the condition in which they received it. This does not apply,
- where the change of condition occurred as a result of an inspection for the purpose of detecting a defect in the item,
- where the buyer used the item before discovering the defect,
- where the buyer did not cause the impossibility of returning the item in an unchanged condition by an act or omission, or
- where the buyer sold the item before discovering the defect, consumed it, or altered the item in the course of usual use; where this happened only in part, the buyer shall return to the company what can still be returned and shall give the company compensation up to the amount of the benefit they derived from the use of the item.
- If the buyer did not notify the defect of the item in time, they lose the right to withdraw from the contract.
- Where, upon receipt by the buyer, the goods do not have the characteristics stated in para. 5.3(b) of this Notice, the buyer also has the right to delivery of new goods without defects, provided this is not disproportionate with regard to the nature. If the defect concerns only a part of the goods, the buyer may request only replacement of the part; if this is not possible, they may withdraw from the purchase contract and request a refund of the purchase price in full. However, if this is disproportionate with regard to the nature of the defect, in particular where the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer also has the right to delivery of new goods, or replacement of a part, in the case of an irremovable defect, where they cannot properly use the goods due to repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the purchase contract.
- If the buyer does not withdraw from the purchase contract or does not assert the right to delivery of new goods without defects, to replacement of a part thereof or to repair, they may request a reasonable discount from the purchase price. The buyer also has the right to a reasonable discount where the company cannot deliver new goods without defects, replace a part thereof or repair the goods, as well as where the company does not remedy the situation within a reasonable period or where remedying the situation would cause the buyer considerable difficulties.
- Where the goods have a defect for which the company is liable, and the goods are sold at a lower price or are used goods, the buyer has, instead of the right to replacement of the goods, the right to a reasonable discount.
- The buyer is not entitled to a right from defective performance where the buyer knew, before taking over the goods, that the goods had a defect, or where the buyer caused the defect themselves.
Rights from Defective Performance for Consumers
- If the item has a defect, the buyer who is a consumer may request its removal, at their choice either by delivery of a new item without a defect or by repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other.
- The seller may refuse to remove the defect if its removal is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect. To remove the defect, the seller shall take over the item at its own expense. If this requires the disassembly of an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested itself, the seller shall carry out the disassembly of the defective item and the assembly of the repaired or new item, or shall pay the costs associated therewith.
- The buyer may request a reasonable discount or withdraw from the contract if:
- the seller refused to remove the defect or did not remove it within a reasonable period, or
- the defect is a material breach of the contract, or
- it is apparent from the seller's statement or from the circumstances that the defect will not be removed within a reasonable period or without considerable difficulties for the buyer.
Place and Manner of Complaint
- Rights from defective performance are asserted at the company's address used for complaints and exchange of goods: Jateční 523, Prštné, 760 01 Zlín, or by e-mail at info@playbag.cz (any of these methods hereinafter the "assertion of a complaint"). As part of a complaint, the buyer shall always state a detailed description of the defect and the requested manner of handling the complaint. If the buyer has asserted a complaint, the company shall immediately issue to them a written confirmation of when the right to a complaint was asserted, the characteristics of the complained-of defect, as well as the manner of its handling and its duration.
- The buyer is entitled to prove the purchase of the goods by the purchase contract, the handover protocol, or the delivery note, which will document that the complained-of goods were delivered by the company, or in another credible manner. The defect that is the subject of the complaint must be clearly and as precisely as possible specified and recorded in the complaint protocol, in particular by describing it and stating the manner in which the defect manifests itself.
- Handling of the complaint
- The company shall decide on the complaint immediately, in more complex cases within 3 working days of the assertion of the complaint. This period does not include the time needed for an expert assessment of the defect.
The company undertakes to handle the complaint without undue delay, but no later than within 30 calendar days of the assertion of the complaint.
- With the buyer's consent, the company may extend the above periods by the time strictly necessary in cases where:
- it is not possible, with regard to the nature of the defect or the place of its occurrence, to safely carry out all the acts associated with the removal of a justified complaint (the course of other work at the place of complaint that does not allow the period to be met, etc.), or
- it is not possible, due to unforeseeable facts caused by force majeure, to commence the performance of acts associated with the complaints procedure.
In these cases, where it is not possible to carry out all the necessary acts associated with handling the complaint, the company is not in delay with its handling, and this time is not counted into the above periods, provided that the buyer agrees with the above procedure.
- The handling of the complaint also includes notifying the buyer of the result of the complaint. The company shall therefore, within the statutory period (unless a longer period is agreed), notify the buyer of the manner of handling the complaint. In doing so, it may use any technical means and form (e-mail, telephone, SMS, WhatsApp, etc.).
- The buyer is not entitled, without the company's consent, to change a once-chosen manner of handling the complaint, except in a situation where the manner of resolution they chose cannot be carried out at all or in time.
- The thirty-day period for handling the complaint begins to run only on the first day after the seller actually receives the complained-of goods. The seller and the buyer have therefore agreed that the period for handling the complaint may exceed 30 days, depending on when the buyer delivers the complained-of goods to the seller.
Withdrawal from the Contract by the Buyer
- Complete information about withdrawal from the contract by the buyer is stated in the company's terms and conditions.
Information on the Out-of-Court Resolution of Consumer Disputes, Information on the Processing of Personal Data
- Where a dispute arises between the buyer and the company from the purchase contract that cannot be resolved by mutual agreement, the buyer may submit a proposal for the out-of-court resolution of such dispute to the designated body for the out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 796/44, 110 00 Prague 1, e-mail: adr@coi.cz, web: https://www.coi.cz/informace-o-adr/, which is at the same time a state supervision body. The buyer may also use the online dispute resolution platform established by the European Commission at the address http://ec.europa.eu/consumers/odr/.
- The company is entitled to process the buyer's personal data obtained in connection with the formation, duration and termination of the purchase contract. For the purposes of the purchase contract, the processing of the buyer's personal data means in particular the collection, use, storage, recording on data carriers, modification or alteration, blocking or destruction of the buyer's personal data. Information concerning the protection of personal data in connection with 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, and repealing Directive 95/46/EC (hereinafter the "GDPR"), and the introduction of measures to ensure the compliance of the company's procedures with the GDPR and with related legal regulations governing the protection of personal data, can be found by the buyer on the page (direct link). The buyer was familiarised with this information (Rules for the Protection and Processing of Personal Data) before the conclusion of the purchase contract.
of the business company PLAYBAG s.r.o., with its registered office at Jateční 523, Prštné, 760 01 Zlín, Company ID No. (IČO) 07116845, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 106240
for the distance sale of goods through the on-line shop located at the website www.playbag.cz
General Provisions
- This Complaints Procedure (hereinafter the "Complaints Procedure") of the company PLAYBAG s.r.o., with its registered office at Jateční 523, Prštné, 760 01 Zlín, Company ID No. (IČO) 07116845, registered in the Commercial Register maintained by the Regional Court in Brno under file no. C 106240 (hereinafter the "seller") sets out the procedure for asserting the right from defective performance, the conditions for its assertion, the conditions for withdrawal from the contract and other related questions concerning complaints about goods, where it is referred to in the seller's terms and conditions (hereinafter the "terms and conditions" or "TC"), which form an integral part of the purchase contract (hereinafter the "Contract"). The Complaints Procedure has been drawn up in accordance with the provisions of Section 2079 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, and applies to all products and goods purchased by the buyer under a concluded purchase contract on the online shop located at the website www.playbag.cz (hereinafter the "e-shop") and duly claimed.
- This Complaints Procedure governs the rights and obligations from defective performance for buyers who, in relations with the seller, act as buyer-consumers, as defined in the TC. A buyer who is a consumer, and who therefore meets the requirements defined in Art. 1.1 and 1.2 of the TC, is hereinafter referred to only as the "buyer".
- This Complaints Procedure is, at the moment of conclusion of the Contract, binding for both the seller and the buyer, and both parties undertake to comply with it. By concluding the Contract and taking over the goods, the buyer confirms that they have duly familiarised themselves with the Complaints Procedure and at the same time agrees with the wording of this Complaints Procedure, with the seller's warranty conditions, if issued, and at the same time undertakes to provide the seller with the cooperation necessary to handle the complaint.
- For the purposes of the Complaints Procedure, the subject of a complaint means the goods that were the subject of purchase under the concluded Contract (hereinafter the "Goods").
Receipt of the Goods
- The buyer is obliged to inspect the Goods with due care upon receipt. If the buyer discovers defects in the Goods, they are obliged to claim the defects without undue delay, as soon as they discover the defect or as soon as the defect manifests itself. Any delay in claiming defects in the Object of Purchase may result in the depreciation of the Object of Purchase and may be grounds for rejecting the complaint. Where the buyer omits this inspection (or fails to ensure an inspection of the Object of Purchase) immediately after the risk of damage to the item passes to them, they may assert a claim from defects only if they prove beyond doubt that the Goods already had defects at the time the risk of damage passed.
- If the buyer discovers defects in the goods, they are obliged to claim the defects without undue delay, as soon as they discover the defect or as soon as the defect manifests itself. Any delay in claiming defects in the goods may result in the depreciation of the goods and may be grounds for rejecting the complaint.
Quality upon Receipt and the Seller's Liability for Defects
- The seller is liable to the buyer that the goods are free of defects.
- The goods are not defective, in particular when, at the time the buyer took over the goods:
- the Goods have the characteristics agreed by the parties in the Contract, and, in the absence of such an arrangement, such characteristics as the seller or the manufacturer described, or which the buyer expected with regard to the nature of the Object of Purchase,
- the Goods are fit for the purpose stated by the seller for their use, or for which Goods of this type are usually used,
- the Goods correspond in quality to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
- the Goods are in the corresponding quantity, measure or weight under the Contract, and
- the Goods comply with the legal regulations.
- If the Goods received have shortcomings, these are defects of the Goods for which the seller is liable. The buyer may then assert statutory rights from defects against the seller.
- The buyer may, no later than twenty-four (24) months from receipt of the Goods (hereinafter the "period for asserting defects"), at their request assert against the seller a claim for free removal of the defect or for a reasonable discount from the price. If this is not disproportionate to the nature of the defect (in particular where the defect cannot be removed without undue delay), a requirement for delivery of a new item without defects or a new part without defects may be asserted, where the defect concerns only that part. If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, request a refund of the purchase price in full.
- If a defect manifests itself within twelve months of receipt, the Goods are deemed to have been defective already upon receipt.
- The seller is not obliged to comply with the buyer's request based on a right from defective performance where it proves that the buyer knew about the defect of the goods before receipt or caused it themselves. The buyer further acknowledges that the seller is not liable for defects that arose as a result of the usual wear and tear of the goods or failure to follow the instructions for use.
Place and Manner of Complaint
- The buyer is obliged to assert a complaint in writing, in particular through the form available on the company's website (www.playbag.cz) or at the company's address used for complaints and exchange of goods: Jateční 523, Prštné, 760 01 Zlín, or by e-mail sent to the address info@playbag.cz.
- The buyer is entitled to prove the purchase of the Goods by the Contract, or by an invoice, which will document that the complained-of Goods were sold by the Seller, or in another credible manner. The defect that is the subject of the complaint must be clearly and as precisely as possible specified, in particular by describing it and stating the manner in which the defect manifests itself. When rights from defects are asserted, a complaint protocol will be drawn up.
- If the buyer has asserted a complaint, the seller shall immediately issue to them a written confirmation of when the right to a complaint was asserted, the characteristics of the complained-of defect, as well as the manner of its handling.
Periods for Asserting a Complaint
- A buyer-consumer is entitled to assert rights from defects that occur in the Object of Purchase within the period for asserting defects of 24 months from receipt of the Goods. For used Goods, the period for asserting rights from defective performance may be shortened to 12 months; the seller shall mark such shortening of the period in the confirmation of obligations from defective performance or on the sales document.
- In the case of handling a complaint by replacement of individual parts of the Object of Purchase, a new period does not run; in this case the period at the time the buyer took over the original Object of Purchase will still be decisive.
Rights from Defective Performance
- The provisions of Article III do not apply if:
- the Goods have a defect for which a lower price was agreed, or
- it is a matter of wear and tear of the Goods that arises from their usual use, or
- the defect of the Goods is caused by an act of the buyer or of persons who use the Goods together with them, or
- it is used goods in which a defect occurs corresponding to the degree of their use or wear and tear.
- The seller is liable for defects that arose on the goods within the period for asserting defects (or within the period of usability that was guaranteed on the packaging of the goods, or in advertising for the goods).
- If the item has a defect, the buyer who is a consumer may request its removal, at their choice either by delivery of a new item without a defect or by repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other.
- The seller may refuse to remove the defect if its removal is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect. To remove the defect, the seller shall take over the item at its own expense. If this requires the disassembly of an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested itself, the seller shall carry out the disassembly of the defective item and the assembly of the repaired or new item, or shall pay the costs associated therewith.
- The buyer may request a reasonable discount or withdraw from the contract if:
- the seller refused to remove the defect or did not remove it within a reasonable period, or
- the defect is a material breach of the contract, or
- it is apparent from the seller's statement or from the circumstances that the defect will not be removed within a reasonable period or without considerable difficulties for the buyer.
- Where the defect of the Goods was resolved by delivering new Goods to the buyer, the buyer is obliged to return to the seller the item originally delivered, at the seller's expense.
- The buyer is not entitled to a right from defective performance where the buyer knew about the defect of the Goods and/or caused the defect of the Goods themselves by failing to follow the seller's procedures and/or binding recommendations and/or where the buyer physically modified the Goods and damaged them.
Handling of the Complaint
- The seller or an employee authorised by it shall decide on the complaint immediately, in more complex cases within three (3) working days of the assertion of the complaint. This period does not include the time needed for an expert assessment of the defect.
- The seller shall handle the complaint without undue delay, but no later than within thirty (30) calendar days of the assertion of the complaint. If the seller considers it necessary, it is entitled, after the assertion of the complaint, to call upon the buyer for cooperation in delivering the goods back to the seller. Any period during which the buyer does not provide their cooperation is not counted into the period for handling the complaint.
- The preceding paragraph does not preclude the possibility of the seller and the buyer agreeing individually and in a specific case on an extension of the period for handling the complaint.
- The handling of the complaint also includes notifying the buyer of the result of the complaint. The seller shall therefore, within the statutory period (unless a longer period is agreed), notify the buyer-consumer of the manner of handling the complaint. In doing so, it may use any technical means and form (e-mail, telephone, SMS, etc.).
- After the futile expiry of the period for handling the complaint, the buyer has the same rights as if it were a defect that cannot be removed.
- The buyer is not entitled, without the Seller's consent, to change a once-chosen manner of handling the complaint, except in a situation where the manner of resolution they chose cannot be carried out at all or in time.
Final Provisions
- In the event of a conflict between the provisions of the Contract (including the terms and conditions) and the Complaints Procedure, the arrangement used in the Contract takes precedence.
- In matters not regulated by the Complaints Procedure, the procedure in the given case will be governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "NCC").
- Within the meaning of the provision of Section 1820(1)(j) of the NCC and Sections 14 and 20e of Act No. 634/1992 Coll., on Consumer Protection, the seller informs that a buyer-consumer has the right to out-of-court resolution of a consumer dispute from the Contract. The body for the out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (www.coi.cz). It handles out-of-court complaints of consumers in the manner and under the conditions stipulated by the relevant legal regulations.
- This Complaints Procedure takes effect on 1 August 2025. The seller reserves the right to change this Complaints Procedure in accordance with the applicable legal regulations.
PLAYBAG s.r.o.
Jan Boruta, Managing Director
These terms and conditions are effective from 20 August 2025.