Terms and conditions

Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

eN Services s.r.o.
Revoluční 19/73
31200 Plzeň
Czech Republic
Company ID (CIN): 03679756
Email: mail@enservices.cz
Phone: +420 737 281 727

2. The seller’s place of business is located at:
Zbrojnická 116/2, 301 00 Plzeň, Czech Republic
(hereinafter referred to as the “Seller”)

3. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract either outside their business activity as a consumer or within their business activity (hereinafter referred to as the "Buyer") through personal purchase or via the web interface located at www.coloursofwarriors.com (the “Online Store”).

4. The provisions of these Terms and Conditions are an integral part of the purchase contract. Any differing provisions in the purchase contract shall take precedence over those in these Terms and Conditions.

5. The Terms and Conditions and the purchase contract are concluded in the Czech language. In the event of a discrepancy between the Czech and English versions, the Czech version will be used.

II. Information About Goods and Prices

1. Information about the goods, including the prices of individual items and their main characteristics, is listed for each product in the Online Store’s catalog. The prices are inclusive of value-added tax (VAT), all related fees, and any return shipping costs, provided the item cannot be returned by regular postal means due to its nature. The product prices remain valid as long as they are displayed in the Online Store. This provision does not prevent the Seller from entering into a purchase contract under individually agreed conditions.

2. All product presentations in the Online Store catalog are for informational purposes only, and the Seller is not obliged to conclude a purchase contract for these items.

3. Information about the packaging and delivery costs is published in the Online Store. These costs apply only when delivery is within the territory of the Czech Republic.
In case of shipping outside of Czech Republic to countries of EU, the shipping cost is 15 euro as published in the Online Store.

4. Any discounts on the purchase price of goods cannot be combined unless agreed otherwise between the Seller and the Buyer.

III. Order and Conclusion of Purchase Contract

1. The Buyer bears the costs incurred while using means of distance communication in relation to concluding the purchase contract (internet connection costs, telephone calls), and such costs do not differ from the standard rate.

2. The Buyer may place an order as follows:
- via their customer account, if previously registered in the Online Store,
- by filling out the order form without registration.

3. When placing an order, the Buyer selects the product, quantity, payment method, and delivery method.

4. Before submitting the order, the Buyer has the opportunity to check and amend the entered data. The order is submitted by clicking the button ORDER WITH OBLIGATION TO PAY. The data provided in the order is considered correct by the Seller. A valid order requires the completion of all mandatory fields and the Buyer's confirmation that they have read and agree to these Terms and Conditions.

5. Upon receiving the order, the Seller immediately sends a confirmation to the Buyer’s email address. This confirmation constitutes acceptance of the order. The confirmation includes the Seller’s current Terms and Conditions as an attachment.

6. If the Seller cannot fulfill any of the requirements stated in the order, they will send an amended offer to the Buyer’s email address. This amended offer is considered a new proposal for the purchase contract, and the contract is concluded once the Buyer confirms acceptance of this offer via email.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until they receive the order acceptance notification. The order can be canceled by phone or email using the contact details provided in these Terms and Conditions.

8. In the event of a manifest technical error on the part of the Seller regarding the price of goods listed in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods at the clearly incorrect price, even if the Buyer has received an automatic confirmation of order receipt. The Seller will inform the Buyer of the error without delay and send a revised offer. This revised offer is considered a new proposal for a purchase contract and is concluded upon the Buyer's acceptance via email.

IV. Customer Account

1. Based on the Buyer's registration in the Online Store, the Buyer can access their customer account. From their customer account, the Buyer can place orders. Goods can also be ordered without registration.

2. When registering a customer account and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is required to update the information in the user account in case of any changes. The information provided by the Buyer in the customer account and during or the purchase of good are presumed to be correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer must maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel a user account, especially if the Buyer has not used their account for a long time, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the hardware and software of the Seller, or necessary maintenance of hardware and software of third parties.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery under the purchase contract in the following ways:
- by bank transfer to the Seller’s account: 107-8883520267/0100 (held at KB a.s.),
- by payment card,
- by bank transfer through Shoptet Pay, Comgate, PayPal, or Apple Pay,
- cash on delivery,
- in cash or by payment card upon personal collection at the Seller’s premises.

2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, any further reference to the purchase price in these Terms and Conditions shall also include the costs associated with delivery.

3. In case of cash payment, the purchase price is payable upon receipt of the goods. In case of a bank transfer, goods will be sent after the purchase price is credited to the Seller's account.

4. If paying via payment gateway, the Buyer follows the instructions of the respective electronic payment provider.

5. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer, unless explicitly agreed otherwise. Payment before shipment is not considered a deposit.

7. In accordance with the VAT Act, the Seller is obliged to issue a receipt to the Buyer, which will be sent via the Buyer’s customer account, unless agreed otherwise.

8. The goods will be delivered to the Buyer:
- to the address specified by the Buyer in the order,
- to a pick-up point selected by the Buyer,
- via personal collection at the Seller’s premises.

9. The delivery method is selected during the order process.

10. The delivery costs, depending on the shipping method and method of receipt, are specified in the Buyer’s order and in the Seller’s order confirmation. If the delivery method is based on a special request from the Buyer, the Buyer bears the risk and possible additional costs.

11. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer, the Buyer is obliged to take over the goods upon delivery. If the goods must be delivered repeatedly or by other means due to the Buyer's fault, the Buyer bears the costs.

12. Upon receiving the goods, the Buyer must inspect the packaging for integrity and immediately notify the carrier of any defects. If damage suggests unauthorized access, the Buyer may refuse the delivery.

13. The Seller will issue a tax document – invoice – which is sent to the Buyer's email address.

14. Ownership of the goods passes to the Buyer upon full payment of the purchase price, including delivery costs, but not before the goods are taken over. The risk of accidental destruction or damage passes to the Buyer upon delivery or when the Buyer should have taken delivery but failed to do so.

15. The Seller reserves the right not to conclude the purchase contract, especially if the Buyer repeatedly fails to accept deliveries or pay the purchase price in breach of contract.

VI. Withdrawal from the Contract

1. A Buyer who has concluded a purchase contract as a consumer (outside of their business activity) has the right to withdraw from the contract without giving any reason.

2. The withdrawal period is 14 days starting from the day after:
- the Buyer receives the goods (for purchase of goods),
- the Buyer receives the last item in a multiple-item order,
- the Buyer receives the first delivery in a recurring delivery contract,
- the Buyer receives the last part of a delivery if the contract is for goods delivered in parts.

3. The Buyer may not withdraw from the contract, among other things, in the following cases:
- for the provision of services that were fulfilled with the Buyer’s explicit consent before the withdrawal period expired,
- for goods or services whose price depends on financial market fluctuations beyond the Seller’s control,
- for alcoholic beverages deliverable after thirty days and subject to market fluctuations,
- for customized or personalized goods,
- for perishable goods or goods irreversibly mixed with others after delivery,
- for sealed goods unsealed by the Buyer that cannot be returned for hygiene reasons,
- for audio/video recordings or software if the original seal was broken,
- for newspapers, periodicals, or magazines,
- for digital content not supplied on a tangible medium with the Buyer’s consent before the end of the withdrawal period,
- in other cases under § 1837 of the Civil Code.

4. To meet the withdrawal deadline, the Buyer must send a notice of withdrawal within the 14-day period.

5. The Buyer can withdraw from the contract using a clear statement sent to the Seller. A sample withdrawal form may be used. The statement should be sent to the Seller’s email or physical address as specified in these Terms. The Seller will confirm receipt without delay.

6. The Buyer must return the goods within 14 days of withdrawal. The Buyer bears the return shipping costs, even if the goods cannot be returned by regular post due to their nature.

7. If the Buyer withdraws from the contract, the Seller will refund all received payments, including delivery costs, without delay and within 14 days. The refund will be made using the same method unless otherwise agreed and no extra fees arise.

8. If the Buyer chose a more expensive delivery method than the cheapest offered, the Seller refunds only up to the amount of the cheapest method.

9. The Seller may withhold the refund until the goods are received or the Buyer proves they have been returned.

10. The returned goods must be undamaged, unused, clean, and, if possible, in original packaging. The Seller may offset compensation for damage against the refund.

11. The Seller may withdraw from the contract if the goods are out of stock, unavailable, or if the manufacturer or supplier discontinues them. The Seller will inform the Buyer and refund all received payments within 14 days.

VII. Rights from Defective Performance

1. The Seller guarantees that the goods are free from defects upon receipt. Specifically, the Seller ensures that:
- the goods have the properties agreed upon or as described,
- the goods are suitable for the stated or usual purpose,
- the goods match the agreed sample or model,
- the goods are in correct quantity, size, or weight and comply with legal regulations.

2. The Seller’s liability for defects is at least as extensive as that of the manufacturer. The Buyer may claim defects found within 24 months of receiving the goods.

3. If a use period is stated on the product, packaging, manual, or advertisement, warranty provisions apply. The Seller guarantees the goods will remain usable or retain usual characteristics during this time.

4. The above does not apply to discounted goods for the reason stated, normal wear and tear, or defects in used goods matching their condition at purchase. The Buyer has no rights if they knew about the defect beforehand or caused it themselves.

5. If a defect occurs, the Buyer may request:
- replacement with new goods,
- repair,
- a reasonable discount,
- withdrawal from the contract.

6. The Buyer may withdraw from the contract if:
- the goods have a significant defect,
- repeated defects or unresolved repairs prevent proper use,
- there are multiple defects.

7. A significant defect is one that would have prevented the Buyer from concluding the contract had they known about it.

8. For minor defects, the Buyer may request repair or a reasonable discount.

9. If a repairable defect recurs (typically third time for same issue or fourth time overall) or the product has multiple defects (typically three at once), the Buyer may request a discount, replacement, or withdraw from the contract.

10. When making a claim, the Buyer must state the chosen remedy. Changing the remedy later requires Seller consent unless the chosen repair is impossible. If not stated in time, only remedies for minor defects apply.

11. If neither repair nor replacement is possible, the Buyer may request a full refund.

12. If the Seller proves the Buyer knew of the defect or caused it, the Seller need not comply with the claim.

13. Discounted goods cannot be claimed for the reason they were discounted.

14. The Seller must accept complaints at any of the Seller’s premises or at their place of business. A written confirmation must be issued including claim date, content, remedy requested, resolution, repair performed, and its duration, or written rejection.

15. The Seller or authorized person must decide on the complaint immediately, or within 3 working days in complex cases. The complaint must be resolved within 30 days unless agreed otherwise. Failure to meet this deadline is considered a material breach and the Buyer may withdraw. The claim is considered made upon its delivery to the Seller.

16. The Seller shall notify the Buyer in writing of the claim result.

17. The Buyer has no rights from defective performance if they knew about the defect before acceptance or caused it.

18. If the complaint is justified, the Buyer has the right to reimbursement of reasonably incurred costs. This must be claimed within one month of the warranty period’s end.

19. The choice of complaint method belongs to the Buyer.

20. Rights and obligations regarding defective performance follow §§ 1914–1925, §§ 2099–2117, and §§ 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Communication

1. The contractual parties may deliver all written correspondence to each other via email.

2. The Buyer shall send correspondence to the Seller's email address specified in these Terms and Conditions. The Seller shall send correspondence to the Buyer’s email address specified in the customer account or order.

IX. Personal Data

1. All information provided by you during our cooperation is confidential and will be treated as such. Unless you give us written consent, your data will only be used to fulfill the contract, with the exception of your email address, which may be used for sending commercial messages, as allowed by law unless declined. These messages will relate only to similar or related goods and can be unsubscribed from at any time (via letter, email, or a link in the message). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.

2. More detailed information about the protection of personal data is provided in our Privacy Policy.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The EU online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can also be used.

2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The Seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within its defined scope.

XI. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. Consumer rights under generally binding legislation remain unaffected.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

3. All rights to the Seller’s website, including content, layout, photos, films, graphics, trademarks, logos, and other elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or its parts without the Seller’s consent.

4. The Seller is not liable for errors resulting from third-party interference with the Online Store or its use contrary to its intended purpose. When using the Online Store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere with or make unauthorized use of the software or other components of the Online Store and use the Online Store or its parts or software in a way that would be contrary to its purpose.

5. The Buyer assumes the risk of a change in circumstances as per Section 1765(2) of the Civil Code.

6. The purchase contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

7. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This does not affect the rights and obligations arising during the effective period of the previous version.

8. The Terms and Conditions include:
- a sample withdrawal form,
- a sample return form,
- a sample complaint form.

9. By submitting an order through the Online Store’s order form, the Buyer confirms that they have read and accepted these Terms and Conditions in full.

These Terms and Conditions are effective from 9 April 2025.