Terms and Conditions
I. Basic Provisions
- These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., of the Civil Code (hereinafter referred to as the “Civil Code”)
Extreme Board Games, s. r. o.
Korunní 2569/108, Vinohrady
101 00 Praha 10
VAT number: CZ09458468
Telephone: +420 777 505 879
(hereinafter referred to as the “Seller”).
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and any individual that performs the purchase contract outside his/her business as a consumer or in the course of his/her business (hereinafter referred to as the “Buyer“) through a web interface located on a website available on the Internet “https://www.escapefromsite19.com” (hereinafter referred to as the “Online Store”).
- The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the purchase contract shall take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the purchase contract are available in Czech and English.
II. Information about Goods and Prices
- Information about the goods, including the prices of the individual goods and their main characteristics, is given in the Online Store catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned via the usual postal channels. Prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not exclude the negotiation of a purchase contract under individually negotiated conditions.
- The presentation of all goods placed in the catalog of the Online Store is of an informative nature and the Seller is not obliged to perform a purchase contract regarding these goods.
- Information on the cost of packaging and the delivery of goods is published in the Online Store. Information about the costs associated with packaging and the delivery of goods stated in the Online Store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of the goods may not be combined, unless the Seller and the Buyer agree otherwise.
III. Order and Performance of the Purchase Contract
- The costs incurred by the Buyer when using any means of distance communication in connection with the performance of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne solely by the Buyer. These costs do not differ from the standard rate.
- The Buyer orders the goods in the following ways:
- through his/her customer account if he/she has previously registered at the Online Store.
- filling in the order form without registration.
- When placing an order, the Buyer selects the goods, the number of items, and the method of payment and delivery.
- Before submitting the order, the Buyer is able to check and change the data entered in the order form. The Buyer sends the order to the Seller by clicking on “order”. The data listed in the order will be deemed correct by the Seller. The order is valid if all required information is entered in the order and the Buyer confirms that he/she is acquainted with these Terms and Conditions.
- Upon receipt of the order, the Seller shall send to the Buyer a confirmation of receipt for the order to the email address entered by the Buyer upon ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the Seller. The purchase contract is finalized after the order has been accepted by the Seller. The order receipt is delivered to the Buyer’s email address.
- In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send a modified offer to the Buyer’s email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case performed by the Buyer confirming the acceptance of this offer to the Seller’s email address specified in these Terms and Conditions.
- All orders received by the Seller are binding. The Buyer may cancel the order up until the Buyer receives a notification of receipt of the order from the Seller. The Buyer may cancel the order by contacting the Seller by telephone or writing to the email address specified in these Terms and Conditions.
- If there is an obvious technical error on the part of the Seller regarding the price of the goods in the Online Store or during the ordering process, the Seller shall not be obliged to deliver to the Buyer the goods for this obviously erroneous price, not even in the event that the Buyer has received the automatic confirmation of purchase as outlined in these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer’s email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall in such a case be finalized by an acknowledgment of receipt by the Buyer to the email address of the Seller.
IV. Customer Account
- After registering at the Online Store, the Buyer is able to access his/her customer account. The Buyer is able to order goods through his customer account. The Buyer is also able to order goods without registration.
- When registering a customer account and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update any changes of data to his/her customer account. The data provided by the Buyer in the customer account and when ordering goods will be deemed to be correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any possible misuse of a customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the customer account, especially if the Buyer no longer uses the account, or if the Buyer breaches his/her obligations under the purchase contract and these Terms and Conditions.
- The Buyer acknowledges that his/her customer account may not be available at all times, especially during any necessary maintenance of the hardware and software equipment of the Seller, or any necessary maintenance of third party hardware and software.
V. Payment Terms and Delivery of Goods
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- a bank transfer to the Seller’s bank account (the account numbers can be found at https://www.escapefromsite19.com/contact/)
- via PayPal.
- Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and the delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of goods.
- In the event of a credit card/debit card payment, the purchase price is due within 7 days of the finalization of the purchase contract.
- In the event of a credit card/debit card payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account of the Seller.
- The Seller does not require any advance payment or any other such payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
- Pursuant to the Act on the Electronic Record of Sales, the Seller is obliged to issue a receipt to the Buyer. Simultaneously, the Seller is obliged to register the received revenue with the tax administrator online, or, in the event of a technical failure, within 48 hours at the latest.
- The goods are delivered to the Buyer either at the address specified by the Buyer in the order, or through the use of a delivery provider to an address designated by the Buyer.
- The method of delivery is selected when ordering the goods.
- The cost of the delivery of the goods, depending on the method of sending and receiving the goods, is stated when the Buyer places his/her order and in the order confirmation from the Seller. If the mode of transport has been negotiated on the basis of a special request by the Buyer, the Buyer bears the risk and any possible additional costs associated with this mode of transport.
- If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to receive the goods on delivery. In the event that, due to reasons on the part of the Buyer, it is necessary to re-deliver the goods, or deliver the goods in a way other than the one specified in the order, the Buyer is obliged to pay the costs associated with the re-delivery of the goods, or any costs associated with other delivery methods.
- Upon receipt of the goods from the delivery provider, the Buyer is obliged to check the integrity of the packaging of the goods. If there are any defects or damage to the packaging, the Buyer should notify the delivery provider immediately. In the event of damage to the packaging, particularly that which might indicate unauthorized access to the goods, the Buyer reserves the right to return the goods with the delivery provider.
- The Seller shall issue to the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address.
- The Buyer acquires the title to the goods by paying the full purchase price for the goods, including delivery costs, but only after receiving the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods, or at the moment when the Buyer was obliged to receive the goods but did not do so contrary to the purchase contract.
VI. Withdrawal from the Contract
- Any Buyer who performs the purchase contract outside his/her business as a consumer has the right to withdraw from the purchase contract.
- The Buyer has 14 days from the date of receipt of the goods to withdraw from the contract.
- The Buyer may not withdraw from the purchase contract on the grounds that any perishable goods have degraded, or that any goods have been irreversibly mixed with other goods during delivery, or in any other case referred to in § 1837 of the Civil Code.
- To comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
- To withdraw from the contract, the Buyer may use the pro-forma withdrawal form provided by the Seller. Withdrawal from the purchase contract shall be sent by the Buyer to the Seller’s email or postal address as specified in these Terms and Conditions. The Seller shall confirm the receipt of the withdrawal form to the Buyer without delay.
- Any Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract with the Seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned via the usual postal channels.
- If the Buyer withdraws from the purchase contract, the Seller shall return to the Buyer without delay, but no later than 14 days after withdrawal from the purchase contract, all funds, including delivery costs, which the Seller has received from the Buyer, and by the same method of payment. The Seller shall only refund the money received to the Buyer by a different payment method if the Buyer is in agreement and will not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to return any funds received to the Buyer until the Buyer either returns the goods or proves the goods have already been returned to the Seller.
- The goods must be returned to the Seller by the Buyer undamaged, unused and unpolluted and if possible in the original packaging. The Seller is entitled to unilaterally set off any claim for compensation of damage incurred to the goods against the Buyer’s claim for refund of the purchase price.
- The Seller is entitled to withdraw from the purchase contract if the product is out of stock, currently unavailable, or if the manufacturer, importer, or supplier of the goods has stopped the production or import of the goods. The Seller shall promptly inform the Buyer via email, and shall return all funds, including delivery costs, received from the Buyer under the terms of the purchase contract, within 14 days of the notice of withdrawal from the purchase contract. The funds shall be returned by the same payment method or in a manner specified by the Buyer,
VII. Rights from Defective Performance
- The Seller is liable to the Buyer that the goods have no defects at the point in which the goods are received by the Buyer. In particular, the Seller is liable to the Buyer that from the moment the Buyer receives the goods:
- the goods have properties agreed upon by the parties or, in the absence of an agreement, properties as described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising they carry out.
- the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used.
- the goods correspond to the agreed sample or model in terms of quality or design, if the quality or design was determined according to the agreed sample or model.
- the goods are of an appropriate quantity, measure or weight.
- the goods comply with legal requirements.
- If a defect in the goods becomes apparent within six months of the Buyer’s receipt of the goods, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right from defective performance that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to:
- any goods sold at a lower price for a defect for which the lower price has been agreed,
- any wear on the goods caused by their normal use.
- any second-hand goods with any defect corresponding to the level of use or wear because of the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and request:
- an exchange for new goods.
- the goods are repaired.
- a reasonable discount on the purchase price.
- withdrawal from the purchase contract.
- The Buyer has the right to withdraw from the contract:
- if the goods have a material defect.
- if the goods cannot be properly used due to the repeated occurrence of a defect or defects after repair.
- in the event of multiple defects in the goods.
- The Seller is obliged to accept a complaint at any establishment in which acceptance of a complaint is possible. This may also include the registered office or place of business. The Seller is obliged to confirm to the Buyer in writing when and where the Buyer claimed the right from defective performance, the content of the complaint and the Buyer’s method of complaint, as well as confirmation of the date and the Seller’s method of handling the complaint, including confirmation of repair and duration, and any rejection of the complaint.
- The Seller or an employee authorized by the Seller shall decide upon the claim immediately or, in complex cases, within three working days. This period does not include any time required for reasonable expert assessment of the defect. Any complaints, including the repair of defects, must be handled promptly, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree upon a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the Buyer has the right to withdraw from the contract. A complaint is considered submitted at the time the Buyer expresses his/her will to exercise the right from defective performance to the Seller.
- The Seller shall inform the Buyer in writing of the result of the claim.
- The Buyer does not have the right from defective performance if the Buyer knew prior to the receipt of the goods that the goods were defective or if the Buyer has caused the defect.
- In the event of a justified claim, the Buyer has the right to be reimbursed any reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month of the expiration of the warranty period.
- The Buyer may choose how to issue his/her complaint.
- The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- The contracting parties may transmit all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address stated in the Buyer’s customer account or order.
IX. Out-of-Court Settlement of Disputes
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for any out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odrmay be used to resolve any disputes between the Seller and the Buyer arising from the purchase contract.
- The European Consumer Center of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.czis a contact point pursuant to Regulation of the European Parliament and of the Council (EU) No. 524/2013 from 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Consumer Dispute Resolution Regulation).
- The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final Provisions
- All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. e) of the Civil Code.
- All rights to the Seller’s website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any of its parts without the consent of the Seller.
- The Story and images on: the playing cards, the dice, tokens, Candle, matches, the Administrator’s Letter and the Escape from Site 19 manual, are derivative works used under CC BY-SA 3.0 inspired by the works of the multiple authors of the SCP Foundation (http://www.scp-wiki.net/). The complete list of authors and authors’ works is accessible via the Escape from Site 19 website (https://escapefromsite19.com/list-of-authors).
- The Seller shall not be liable for errors resulting from any interference of third parties in the Online Store or as a result of its use contrary to its purpose. When using the Online Store, the Buyer may not perform any actions or procedures that could adversely affect its operation and may not engage in any activity that may allow him/her or any third party to tamper with or misuse the software or any other components constituting the Online Store, or use the Online Store, or any of its parts or software equipment in such a manner as to conflict with its function or purpose.
- The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The purchase contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not readily accessible to the Buyer.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- A sample withdrawal form is attached to these Terms and Conditions.
- The purchase contract is entered into in the Czech language. If the purchase contract is required to be translated for the Buyer into another language, the Czech version prevails in the event of any discrepancies between the two language versions.
- The contracting parties undertake to proceed in such a way that any disputes arising from the contract are settled amicably. They undertake to act in such a way that the situation is objectively resolved and will provide the necessary cooperation to achieve this goal. Disputes between the contracting parties are conclusively resolved before a court with substantive and territorial jurisdiction. In the event of court proceedings involving a Buyer who has a registered office, residence or place of business abroad, the court with territorial jurisdiction is the court of the game manufacturer’s country, and the applicable law is the law of the Czech Republic.
These Terms and Conditions came into effect on 17 August 2020