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    TERMS AND CONDITIONS

    GENERAL TERMS AND CONDITIONS

    These General Terms and Conditions (“Terms”) govern the rights and obligations of you, as the buyer, and us, as the seller, in contractual relationships entered into through the online store at www.ExklusiveGames.com.

    All information regarding the processing of your personal data is contained in our Privacy Policy, which you can find here www.ExklusiveGames.com.

    As you are no doubt aware, we primarily communicate remotely. Therefore, our Agreement also utilizes remote communication methods that allow us to reach an agreement without you and us being physically present at the same time.

    If any provision of these Terms and Conditions conflicts with what we mutually agreed upon during your purchase on our online store, that specific agreement shall take precedence over these Terms and Conditions.

    1. SOME DEFINITIONS
      • The price is the amount you will pay for the Goods;
      • The shipping fee is the amount you will pay for the delivery of the Goods, including the cost of packaging;
      • The total price is the sum of the Price and the Shipping Cost;
      • VAT is value-added tax as defined by applicable laws;
      • The e-shop is an online store operated by us at ExklusiveGames.com, where the purchase of Goods will take place;
      • An invoice is a tax document issued in accordance with the Value-Added Tax Act for the total price;
      • We are RK FÉNIX, s.r.o., with its registered office at Pivoňkova 282/10, 637 00 Brno, Company ID No.: 29297940, Tax ID: CZ29297940, registered in the Commercial Register under file no. C 71978 maintained by the Regional Court in Brno, e-mail konopac@rkfenix.cz, telephone number +420737274218, referred to as the Seller under applicable law;
      • The order constitutes your irrevocable offer to enter into a Contract for the Purchase of Goods with us;
      • The contract is a purchase agreement entered into on the basis of a properly completed Order submitted through the E-shop, and is concluded when you receive an Order confirmation from us;
      • A user account is an account created based on the information you provide, which allows for the storage of the information you enter and the retention of a history of the Goods you have ordered and the Contracts you have entered into;
      • You are a person making purchases on our e-shop, referred to in the law as the buyer;
      • Products are everything you can buy in the online store.
    2. General Provisions and Instructions
      • Purchases of Goods can only be made through the E-shop's website.
      • When purchasing Goods, you are required to provide us with all information accurately and truthfully. We will therefore consider the information you provided when ordering the Goods to be accurate and truthful.
    3. CONCLUSION OF THE CONTRACT
      • Contracts with us may only be concluded in the Czech language.
      • The contract is concluded remotely via the E-shop, and you are responsible for the costs of using the means of remote communication. However, these costs do not differ from the standard rate you pay for using these means (i.e., primarily for internet access), so you should not expect any additional charges from us beyond the Total Price. By submitting the Order, you agree to our use of means of distance communication.
      • In order for us to enter into the Agreement, you must create a draft Order on the E-shop. This draft must include the following information:
        1. Information about the items you are purchasing (on the online store, you select the items you wish to purchase by clicking the “Add to Cart” button);
        2. Information regarding the Price, Shipping Cost, payment method, Total Price, and the desired delivery method for the Goods; this information will be entered when creating the Order within the E-shop user interface, and the Price, Shipping Cost, and Total Price will be automatically calculated based on the Goods you select and the delivery method you choose;
        3. Your personal information, which we use to deliver the Goods, including your first name, last name, shipping address, phone number, and email address.
      • While creating your Order, you can edit and review the details until the Order is finalized. After reviewing the details, click the “Order with Payment Obligation” button to finalize your Order. However, before clicking the button, you must confirm that you have read and agree to these Terms and Conditions; otherwise, it will not be possible to create the Order. A checkbox is provided for confirmation and consent. After clicking the “Order with Payment Obligation” button, all the information you have entered will be sent directly to us.
      • We will confirm your Order as soon as possible after we receive it by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Our confirmation of the Order constitutes the conclusion of a Contract between us and you. The Terms and Conditions in the version effective as of the date of the Order form an integral part of the Contract. The confirmation of the Order itself does not yet constitute the moment of conclusion of the Contract; the Contract will be concluded only upon subsequent manual confirmation.
      • There may also be instances where we are unable to confirm your Order. This applies in particular to situations where the Goods are unavailable or where you order more items than we are able to provide. However, we will always provide you with information regarding the maximum quantity of Goods in advance via the E-shop, so this should not come as a surprise to you. If there is any reason why we cannot confirm your Order, we will contact you and send you an offer to enter into a Contract that differs from the Order. In such a case, the Contract is concluded the moment you confirm our offer.
      • If an obviously incorrect Price is listed in the E-shop or in the Order proposal, we are not obligated to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a form different from the Order. In such a case, the new Contract is concluded the moment you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or where a digit is missing or extra.
      • If the Agreement is concluded, you are obligated to pay the Total Price.
      • If you have a User Account, you can place an Order through it. Even in this case, however, you are required to verify the accuracy, truthfulness, and completeness of the pre-filled information. The process for placing an Order is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification information.
      • In some cases, we offer a discount on the purchase of Goods. To receive the discount, you must enter the discount information in the designated field when placing your Order. If you do so, the Goods will be provided to you at a discounted price.
    4. User account
      • Based on your registration with the online store, you can access your user account.
      • When registering a User Account, you are required to provide all information accurately and truthfully and to update it in the event of any changes.
      • Access to the User Account is secured by a username and password. You are responsible for keeping this login information confidential and for not disclosing it to anyone. We assume no liability in the event of any misuse of this information.
      • Your user account is personal, and you are therefore not authorized to allow third parties to use it.
      • We may terminate your User Account, particularly if you have not used it for more than 24 months or if you breach your obligations under the Agreement.
      • The user account may not be available at all times, particularly due to necessary hardware and software maintenance.
    5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
      • The price is always listed in the E-shop, in the Order draft, and, of course, in the Contract. In the event of a discrepancy between the Price listed for the Goods in the E-shop and the Price listed in the Order Form, the Price listed in the Order Form shall apply, which will always be identical to the price in the Contract. The Order Form also specifies the shipping cost, or the conditions under which shipping is free.
      • The total price includes VAT and all fees required by law.
      • We will request payment of the Total Price after the Contract is concluded and before the Goods are delivered. You may pay the Total Price using the following methods:
        1. By bank transfer. We will send you the payment details as part of your order confirmation. If you pay by bank transfer, the total amount is due within 7 days.
        2. Cash on delivery. In this case, payment is made upon delivery of the Goods in exchange for the Goods. For cash on delivery payments, the total price is due upon receipt of the Goods.
      • The invoice will be issued electronically after the total amount has been paid and will be sent to your email address.
      • Ownership of the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is considered paid once the funds are credited to Our account; in all other cases, it is considered paid at the time the payment is made.
    6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO PROPERTY
      • Your order will be delivered using the method of your choice. You can choose from the following options:
        1. Pick up in person at Zásilkovna or Balíkovna pickup locations;
        2. Delivery via Česká pošta, Zásilkovna, or our own delivery service.
      • We can deliver goods to most EU countries.
      • The delivery time for the Goods always depends on their availability and on the selected delivery and payment methods. The estimated delivery time for the Goods will be provided in the Order confirmation. The time listed on the E-shop is for reference only and may differ from the actual delivery time.
      • Upon receiving the Goods from the carrier, you are required to check that the packaging is intact and, in the event of any damage, to immediately notify the carrier and us. If the packaging is damaged in a way that indicates unauthorized tampering or access to the shipment, you are not required to accept the Goods from the carrier.
      • If you fail to fulfill your obligation to accept the Goods, except in the cases specified in Article 4 of the Terms and Conditions, this does not constitute a breach of Our obligation to deliver the Goods to you. Furthermore, your failure to accept the Goods does not constitute a withdrawal from the Contract between Us and you. However, in such a case, We are entitled to withdraw from the Contract due to Your material breach of the Contract. If We decide to exercise this right, the withdrawal takes effect on the day We deliver notice of such withdrawal to You. Withdrawal from the Contract does not affect the right to payment of the Shipping Fee or, where applicable, the right to compensation for damages, if any.
      • If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed upon in the Contract, you are obligated to reimburse us for the costs associated with such repeated delivery. We will send you the payment details for these costs to the email address specified in the Agreement, and they are due within 14 days of receiving the email.
      • The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, except in the cases specified in Article 4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but failed to do so for reasons attributable to you. The transfer of the risk of damage to the Goods means that, from that moment on, you bear all consequences associated with the loss, destruction, damage, or any other impairment of the Goods.
      • If the Product was not listed as in stock in the online store and an estimated availability time was provided, we will always notify you in the following cases:
        1. an unexpected interruption in the production of the Goods, in which case we will always notify you of the new expected availability date or inform you that it will not be possible to deliver the Goods;
        2. delays in the delivery of Goods from our supplier; in such cases, we will always inform you of the new expected delivery date.
      • If, for any reason, we are unable to deliver the Goods to you within 30 days of the expiration of the delivery period specified in the Order Confirmation, both we and you are entitled to withdraw from the Contract.
    7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
      • We guarantee that, at the time the risk of damage to the Goods passes in accordance with Article 7 of the Terms and Conditions, the Goods are free from defects, and in particular that:
        1. has the characteristics we agreed upon with you, and if no specific characteristics were agreed upon, then those we specified in the description of the Goods, or those that can be expected given the nature of the Goods;
        2. is suitable for the purposes we have specified or for purposes that are customary for goods of this type;
        3. corresponds to the quality or design of the agreed sample, if the quality or design was determined based on the sample;
        4. is in the appropriate quantity and weight;
        5. complies with the requirements set forth in the relevant laws and regulations;
        6. is not encumbered by any third-party rights.
      • If the Goods are defective—specifically, if any of the conditions set forth in Article 1 are not met—you may notify Us of such defect and exercise your rights arising from defective performance (i.e., file a complaint regarding the Goods) by sending an email or letter to the addresses listed in Our identification details. You may also use the sample form provided by Us, which constitutes Appendix 1 to the Terms and Conditions. When exercising your rights arising from defective performance, you must choose how you wish to resolve the defect; you may not subsequently change this choice without Our consent, except in the cases specified in Article 7.3. We will handle the complaint in accordance with the right arising from defective performance that you have exercised. If you do not choose a solution to the defect, you have the rights set forth in Article 7.4 even in situations where the defective performance constituted a material breach of the Contract.
      • If the defective performance constitutes a material breach of the Contract, you have the following rights:
        1. to remedy the defect by delivering new, defect-free Goods or by delivering the missing part of the Goods;
        2. to remedy the defect by repairing the Goods;
        3. a reasonable discount on the Price;
        4. to withdraw from the Agreement.

    If you choose a resolution under a) or b) and we fail to remedy the defect within the reasonable timeframe we specified, or if we inform you that we will not be able to remedy the defect in this manner at all, you have the rights set forth in c) and d), even if you did not originally request them as part of your complaint. At the same time, if you choose to have the defect remedied by repairing the Goods and we determine that the defect is irreparable, we will notify you, and you may choose another method of remedying the defect.

    • If the defective performance constitutes a minor breach of the Contract, you have the following rights:
      1. to remedy the defect by delivering new, defect-free Goods or by delivering the missing part of the Goods;
      2. to remedy the defect by repairing the Goods;
      3. to a reasonable discount on the Price.

    However, if we fail to remedy the defect in a timely manner or refuse to do so, you have the right to withdraw from the Contract. You may also withdraw from the Contract if you are unable to use the Goods properly due to recurring defects after the Goods have been repaired or if the Goods have a significant number of defects.

    • In the event of either a material or immaterial breach, you may not withdraw from the Agreement or request delivery of a new item if you are unable to return the Goods in the condition in which you received them. However, this does not apply in the following cases:
      1. if the condition of the Goods has changed as a result of an inspection conducted to identify a defect;
      2. if the Goods were used before the defect was discovered;
      3. unless the inability to return the Goods in their original condition was caused by your actions or your negligence,
      4. if, prior to the discovery of the defect, you sold, consumed, or altered the Goods through normal use; however, if this occurred only partially, you are obligated to return the portion of the Goods that can be returned, in which case the portion of the Price corresponding to the benefit you derived from using that portion of the Goods will not be refunded to you.
    • Within three days of receiving your complaint, we will send an email to your address confirming that we have received it, the date we received it, and the estimated time it will take to resolve the issue. We will process the complaint without undue delay, but no later than 30 days after receiving it. This period may be extended by mutual agreement. If the deadline passes without resolution, you may withdraw from the Agreement.
    • We will notify you of the outcome of your claim via email. If the complaint is justified, you are entitled to reimbursement of reasonable expenses incurred. You are required to provide proof of these expenses, such as receipts or shipping cost confirmations. If the defect was resolved by delivering new Goods, you are required to return the original Goods to us; however, we will cover the costs of this return.
    • The exercise of rights arising from defective performance and complaints regarding the event are governed by the provisions of §1810 et seq., §1820 et seq. a §2099 and subsequent sections of the Civil Code and the Consumer Protection Act.
    • If you are a business, you are required to report and give notice of any defect without undue delay after you have discovered it, but no later than three days after receiving the Goods.
    • If you are a consumer, you have the right to exercise your rights regarding defective performance in the event of a defect that arises in consumer goods within 24 months of receiving the goods.
    • The provisions regarding the right to claim for defects do not apply in the following cases:
      1. Goods sold at a lower price due to a defect for which the lower price was agreed upon;
      2. wear and tear on the goods resulting from their normal use;
      3. defects in used Goods corresponding to the degree of use or wear and tear the Goods had when you received them;
      4. when this is inherent in the nature of the Goods.
    1. withdrawal from the contract
      • The Agreement may be terminated—that is, the contractual relationship between us and you may be terminated retroactively—for the reasons and in the manner set forth in this section or in other provisions of the Terms and Conditions that expressly provide for the possibility of termination.
      • If you are a consumer—that is, a person purchasing Goods outside the scope of your business activities—you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days of the date of delivery of the Goods. If we have entered into a Contract covering multiple types of Goods or the delivery of multiple parts of Goods, this period begins on the date of delivery of the last part of the Goods; and if we have entered into a Contract under which we will deliver Goods to you on a regular and recurring basis, it begins on the date of delivery of the first shipment. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our addresses listed in Our identification details). You may also use the model form provided by Us, which constitutes Annex No. 2 to the Terms and Conditions.
      • However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is:
        1. Goods whose price depends on fluctuations in the financial market beyond our control and which may occur during the withdrawal period;
        2. delivery of alcoholic beverages, which may be delivered only after thirty days have elapsed, and whose price depends on fluctuations in the financial market beyond our control;
        3. Goods that have been customized according to your specifications or made specifically for you;
        4. Perishable goods and goods that have been irrevocably mixed with other goods after delivery;
        5. Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
        6. the delivery of an audio or video recording or a computer program, provided that the original packaging has been opened;
        7. delivery of newspapers, periodicals, or magazines;
        8. the delivery of digital content, provided that it was not delivered on a tangible medium and was delivered with your prior express consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Contract.
      • The withdrawal period specified in Article 2 of the Terms and Conditions is deemed to have been observed if you send us a notice of withdrawal from the Contract during that period.
      • If you withdraw from the Contract, the Price will be refunded within 14 days of the effective date of withdrawal to the account from which the payment was made, or to the account you specify when withdrawing from the Contract. However, the amount will not be refunded until you return the Goods to us or provide proof that they have been shipped back to us. Please return the Goods to us in clean condition, including the original packaging if possible.
      • If you withdraw from the Contract pursuant to Article 2 of the Terms and Conditions, you are required to send the Goods back to us within 14 days of the withdrawal and bear the costs associated with returning the Goods to us. Conversely, you are entitled to a refund of the shipping cost, but only in an amount corresponding to the cheapest delivery method we offered for the Goods. In the event of withdrawal due to our breach of the concluded Contract, we will also cover the costs associated with returning the Goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest delivery method we offered for the Goods at the time of delivery.
      • You are liable to us for damages in cases where the Goods are damaged as a result of your handling them in a manner other than that required given their nature and characteristics. In such cases, we will bill you for the resulting damages after the Goods are returned to us, and the billed amount is due within 14 days. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for a refund of the Price.
      • We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons attributable to third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Article 9 of the Terms and Conditions. We may also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activities, i.e., as a business entity, we are entitled to withdraw from the Contract at any time, even without providing a reason.
    2. Resolving Disputes with Consumers
      • If you are a consumer, under the Consumer Protection Act you have the right to out-of-court resolution of a consumer dispute arising from the Agreement. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,website: adr.coi.cz. Out-of-court resolution of a consumer dispute is initiated exclusively at your request, provided that the dispute could not be resolved directly with us. The request must be filed no later than 1 year from the date on which you first exercised your right, which is the subject of the dispute, with us.
      • You also have the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.
    3. Final Provisions
      • If our legal relationship with you involves an international element (for example, if we ship goods outside the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights under applicable law.
      • We will send all written correspondence to you via email. Our email address is listed in our identification details. We will send correspondence to the email address you provided in the Agreement, in your User Account, or the one you used to contact us.
      • The Agreement may be amended only by our written agreement. However, we are entitled to amend and supplement these Terms and Conditions; such amendments shall not affect Agreements already concluded, but only those concluded after the amendment takes effect.
      • In the event of force majeure or unforeseeable circumstances (natural disasters, pandemics, operational disruptions, failures on the part of subcontractors, etc.), we shall not be liable for any damage caused as a result of or in connection with such force majeure events; furthermore, if the force majeure situation persists for more than 10 days, both we and you have the right to withdraw from the Agreement.
      • Attached to these Terms and Conditions are a sample complaint form and a sample form for withdrawing from the Contract.
      • The Agreement, including the Terms and Conditions, is stored electronically by us, but is not accessible to you. However, you will always receive these Terms and Conditions and the Order Confirmation, including a summary of the Order, via email, so you will always have access to the Agreement even without our assistance. We recommend that you always save the Order Confirmation and the Terms and Conditions.
      • Our activities are not subject to any codes of conduct pursuant to §1826 para. 1 letter g) of the Civil Code.
      • These Terms and Conditions take effect 1.1.2022.


     

    Appendix 1 - Complaint Form

    Recipient: RK FÉNIX, s.r.o., Pivoňkova 282/10, 637 00 Brno, Czech Republic.

    Filing a Claim

    Date of execution of the Agreement:

     

    First and last name:

     

    Address:

     

    Email address:

     

    The item being returned:

     

    Description of defects in the merchandise:

     

    The proposed procedure for processing a claim, or providing a bank account number to receive a discount:

     

    I also request that you issue a confirmation of my complaint, stating when I filed it, the details of the complaint, and my claim, including the date and method of resolution.

     

    Date:

    Signature:

     

     

     

    Appendix 2 - Contract Cancellation Form

    Recipient: RK FÉNIX, s.r.o., Pivoňkova 282/10, 637 00 Brno, Czech Republic.

    I hereby declare that I am withdrawing from the Agreement:

    Date of execution of the Agreement:

     

    First and last name:

     

    Address:

     

    Email address:

     

    Specifications of the Goods covered by the Contract:

     

    Reason for withdrawal:

     

    Instructions for returning the funds received, or the bank account number:

     

     

     

    Date:

    Signature: