Terms and Conditions
1. General provisions
1.1. The following General Business Terms and Conditions regulate the relationship of parties when shopping at www.najada.games.
1.2. The seller and operator of the e-shop is Fantasy cards s.r.o., with its registered office at Ondříčkova 2166/14, 130 00 Praha 3, Company ID 24257478, VAT Reg No. CZ24257478. The seller is a VAT payer.
1.3. Purchaser can be a natural person in the position of a consumer, or a natural or legal person in the position of an entrepreneur.
1.4. The seller apart from operating www.najada.games e-shop also operates one or more stores. Their opening hours can be found under section "Contact".
2. Entering into the agreement
2.1. The goods offered in the e-shop are a proposal to conclude a purchase contract (by making an offer). Creating an order via an order form, the purchaser makes a binding offer to enter into agreement. The resulting purchase contract can only be altered or terminated on the basis of an agreement between the parties or on legal grounds.
2.2. The seller reserves the right to cancel the order or a part of it in the following circumstances: either the goods are not being produced or supplied anymore, or the supplier's price has significantly changed, or the price of the goods are obviously erroneous, or in the case of stock error. In the case of single cards, the seller reserves the right to limit the number of single cards to 4 copies of a card with the same name. In the event that the purchaser has already paid a part or the whole amount of the purchase price, the amount will be refunded.
2.3. Gifts provided free of charge are not the subject to any purchaser rights. Such goods meet the conditions of Contract of Donation with a termination clause; if the purchaser withdraws from the purchase contract within 14 days withdrawal time limit, the purchaser is obliged to return provided gifts along with purchased goods.
2.4. The prices offered via the seller's e-shop include VAT.
2.5. The seller will issue an invoice to the purchaser for the payment they made in accordance with the purchase contract. The seller will provide the invoice either with the goods delivery in paper form or electronic form via electronic mail.
2.6. In accordance with the provisions of Act no. 235/2004 Coll., On Value Added Tax, the seller is obliged to prove the authenticity of the origin of the issued document, integrity of its content and its legibility. The content of the tax document in paper and electronic form must remain unchanged from the time of its issuance to the end of the period of retention. For this reason, it is not possible to change the customer’s data on the already issued document. After entering the data into the system by the purchaser, the data cannot be further edited. If the purchaser does not communicate their VAT number to the supplier within the business translation, it is considered that the purchaser acts as a non-taxable natural or legal person when acquiring the performance.
2.7. Proposal of purchase contract and conclusion of purchase contract will be concluded in the language the purchaser filled in the order form.
3. Right of withdrawal from the purchase contract
3.1. In accordance with § 1829, Paragraph 1 of the Civil Code, if the purchase contract has been concluded via the seller's eshop, the purchaser shall be entitled, without giving any reason, to withdraw from the purchase contract within 14 days of the receipt of the goods.
3.2. Should the purchaser wish to withdraw from the contract, in accordance with the time limit from the previous paragraph, they shall contact the seller via electronic mail [email protected], ideally providing order number, date of purchase, and account number for the refund.
3.3. In the event of the purchaser, following previous paragraphs, withdraws from the contract, the seller shall return all the funds received except the amount representing the difference between the least expensive delivery method offered in the seller's e-shop and the delivery method chosen by the purchaser in the order form. Should the purchaser withdraw from the purchase contract, the seller is not obliged to return to the purchaser any of the funds received prior to goods being returned by the purchaser to the seller.
3.4. The goods are to be returned in their original undamaged packaging, sealed if possible, unused, undamaged, and complete (including accessories, documentation, etc.). In the case of returned goods being partially damaged, the seller is entitled to exercise the right for compensation for damages against the purchaser by reducing the goods' purchase price to be refunded. The costs associated with returning the goods by the purchaser to the seller are paid by the purchaser.
3.5. The purchaser, in the case of exercising the right of withdrawal within 14 days of the receipt of goods, is obliged to return to the seller everything they received on the basis of the purchase contract. The goods are to be returned complete, undamaged, without showing any signs of wear and tear.
3.6. Purchase price or reduced purchase price shall be paid to the purchaser in the shortest possible time frame, no later than 14 days from the receipt of the returned goods by the seller.
4. Liability for defects
4.1. In the case of goods received by the purchaser have defects (for example goods do not have the agreed or expected characteristics, goods are not suitable for the purpose seller defined for their use or for which they are normally used, goods doesn't correspond to the stated quality, or goods aren't in the corresponding quantity, measure and weight), the seller is responsible for these defects.
4.2. If the goods do not have the features referred to in the previous paragraph, the purchaser is entitled to the supply of new goods free of defects, unless, due to the nature of the defect, this is disproportionate. If the defect affects only a part of the goods, the purchaser is entitled to require the replacement of this part; should this be impossible, the consumer is entitled to withdraw from the contract. If this is disproportionate to the nature of the defect, and especially if the defect can be remedied without undue delay, the purchaser shall be entitled to a remedy free of charge.
4.3. If the buyer does not withdraw from the purchase contract or does not exercise the right to have new goods delivered free of defects, to have parts of the goods replaced or to have the goods repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods free of defects, replace a part of the goods or repair the goods.
4.4. Unless indicated otherwise, the purchaser is entitled to claim faulty goods within 24 months after receipt of new goods, or within 12 months after receipt of used goods.
4.5. If the seller can prove that the buyer, prior to receiving the goods, already knew the goods were defective, or if the buyer themselves caused the defect, the seller shall not be liable for any such defect.
4.6. The seller is not liable for used goods' defects corresponding to the existing amount of use and wear and tear. The seller is not liable for defects of discounted goods due to these defects. Instead of being entitled to receive a replacement, the buyer, in these cases, is entitled to a reasonable discount.
5. Complaints
5.1. In the case of the purchaser noticing the purchased goods have a defect, which wasn't caused by improper use, the purchaser is, during the warranty period, entitled to make a complaint. The warranty period is twenty-four (24) months for new goods and twelve (12) months for used goods.
5.2. Complaints can be made via electronic mail, sent to the seller's email address at [email protected]. When making a complaint, the purchaser should provide contact details, a description of the defect, and how they wish to settle the complaint. To speed up the communication it is advised to state the order number. The purchaser is obliged to prove the purchase of goods (preferably by proof of purchase)
5.3. The time limit for settling a complaint starts the moment of the application (notification) of the complaint. The seller is obliged without undue delay, no later than within 3 working days, to decide on the complaint, or that the decision requires a professional assessment. The seller shall provide the purchaser with information on the need for a professional assessment within this period. The seller shall settle the complaint, including the removal of defect, without undue delay, no later than 30 days from its application.
5.4. In the event of a professional assessment being required, the seller shall provide the purchaser the address to which the purchaser shall deliver the claimed goods. After the assessment the seller shall notify the purchaser about the method of settling the complaint.
5.5. If the seller is unable to remove the defect of the goods, the purchaser may request a reasonable discount on the purchase price or withdraw from the purchase contract.
5.6. The purchaser is obliged to make a complaint without undue delay after finding out about the defects.
5.7. The warranty period is intended only for consumers and does not apply to purchases where the purchaser is an entrepreneur, be it a natural person or a legal person.
6. Buylist
6.1. Apart from selling goods, the operator of the e-shop also buys used goods, maily Magic: The Gathering trading card game single cards. In this case the operator becomes the buyer and the consumer offering their cards becomes the seller. By creating a sell order via sell order form the seller confirms that they are a non-entrepreneur natural person.
6.2. How buylist works is described in the section 'Buylist'.
6.3. The goods offered via sell order form are a proposal to conclude a purchase contract (an offer). By creating a sell order via sell order form, the seller makes a binding offer to conclude a purchase contract.
6.4. The buyer reserves the right to cancel the sell order or part of it, especially if:
a) The market price of the goods has changed significantly.
b) There is an obvious incorrect buylist price.
c) The seller did not deliver the goods in accordance with instructions sent by the buyer via electronic mail before concluding the purchase contract (especially if the goods weren't delivered on time, the goods were not sorted correctly or the goods differed significantly from parameters entered by the seller in the sell order form).
6.5. After receipt of the goods, the buyer will check the received goods. In the event that physical conditions of the cards differ from the conditions entered by the seller, the buyer shall adjust these conditions in the sell order form. If the adjustments made result in a decrease in price less than 10% of the original amount, the buyer is not obliged to inform the seller about the price change and will pay the seller the corresponding sell order price. In the event of the price of the offered goods after adjustments of their conditions decreases by more than 10% of the original amount, the buyer is obliged to inform the seller and wait for their approval of the new price offer. The seller has the right to reject this new price offer. If the seller rejects the price offer, the buyer is obliged to send the received goods back to the seller. The cost of postage for the return of the goods is paid by the seller.
6.6. Except the case mentioned in the previous paragraph, the seller pays for the postage if the cards delivered significantly do not correspond the conditions entered by the seller in the sell order form and the buyer decides not to accept these cards due to this fact (especially if the cards are received in another language, are from different set, or are in conditions the buyer does not buy)
6.7. The seller is responsible for the safe delivery of the goods to the buyer and acknowledges that in the event of damage to the goods or complete loss of the shipment with the goods before delivery to the buyer, the seller is not entitled to any compensation from the buyer.
7. Customer credit, vouchers and promotions
7.1. Customer credit works like virtual money. The purchaser can use it when buying at the e-shop or at the seller's store. Customer credit can be used for any order, but it cannot be transferred or exchanged for physical money.
7.2. In the case of a purchase using a discount voucher, the value of the discount voucher will be deducted from the price of the goods. If the value of the voucher is higher than the price of the goods, it is not possible to refund in money or exchange it for money. The voucher can only be used once. In the event of a complaint or withdrawal from the purchase contract, in the case of goods being paid for by a voucher, the seller will return the value of the voucher to the purchaser via a replacement voucher.
7.3. Discounts, discount promotions, vouchers, and other price benefits cannot be combined with each other (unless stated otherwise). The purchaser can use only one discount per order.
7.4. As a reward for their purchases, the purchaser can receive a loyalty discount level, thanks to which the purchaser can shop at a discount at the e-shop or at the store. The seller reserves the right to add or remove the loyalty level from the purchaser at their discretion. The loyalty discount program is intended only for non-entrepreneur nature persons.
8. Disputes
8.1. Mutual disputes between the seller and purchaser are resolved by ordinary courts.
8.2. Pursuant to the Consumer Protection Act (No. 634/1992 Coll.), a buyer who is a consumer has the right to an out-of-court settlement of a dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court. More information is available on the website www.coi.cz
8.3. Out-of-court settlement of consumer disputes is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The proposal may be filed no later than 1 year from the date on which the consumer exercised their right, which is the subject of the dispute, with the seller for the first time.
8.4. The Czech Trade Inspection Authority (www.coi.cz) supervises compliance with the obligations under the Consumer Protection Act (Act No. 634/1992 Coll.).
8.5. The purchaser can also use the platform at http://ec.europa.eu/consumers/odr to resolve disputes arising from the purchase contract.
9. Closing provisions
9.1. How the seller processes the purchaser's personal data is described in the 'Privacy Policy' section. The purchaser acknowledges that they are obliged to state their personal data correctly and truthfully.
9.2. These terms and conditions are valid as stated on the seller's website, on the day of concluding the purchase contract.
Last updated: in Prague, on 4th July 2021