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General Terms and Conditions and Client Information
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Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Return policy
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Warranty
7. Limitation of Liability Regarding the Use of the Seller's Online Shop
8. Limitation of action
9. Governing Law
10. Designation of forum

 

1) Scope of Application
1.1 These Terms and Conditions (GTC) of the company Ladislav Slavík
Fencl rybářské potřeby s.r.o. (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a buyer (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
These Terms and Conditions shall also apply to the user of the Seller's website
1.2 The Client’s use of the Seller’s website shall be deemed to reflect the Client’s agreement to be bound by these GTC.
1.3 The Seller reserves the right to amend or replace these GTC at any time. The Seller will inform the Client about substantial amendments at least 30 days prior notice. By continuing to access or use the service of the Seller’s online shop after those revisions become effective, the Client agrees to be bound by the revised GTC.
1.4 The Client agrees to electronically access, receive, review, sign, and authenticate certain documents and forms covered by the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”) adopted by various states, and/or the separate state laws of Illinois, New York, and Washington (as applicable). Your electronic signature will bind the Client to the same extent as if he had signed on paper with an ink signature. He also agrees that such documents and forms may be retained solely in an electronic format and are “transferable records” within the meaning of the UETA.

2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The English language is exclusively available for the conclusion of the contract.

3) Return policy
The Seller offers 14 days return policy from the day the Client received the item. Refunds will only be made after the Client has returned the item to the Seller’s address within 36 days of receiving the merchandise. The Client pays the return shipping costs to the Seller’s address.
If the item has been opened, a 15% restocking fee will be applied for a refund .
The Seller does not accept returns for the following items :
- Goods, for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller;
- Goods that are made to the Client’s specifications or are clearly personalized;
- Goods, which are liable to deteriorate or expire rapidly;
- Newspapers, periodicals or magazines
- Sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
- Sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery.
Furthermore, a refund will not be accepted, if
- the item has been used
- parts of the item are missing, including original packaging, documentation, warranty cards, manuals and accessories
- the returned item is damaged

4) Price and Delivery Costs
4.1 Prices are indicated in US dollars on the Seller’s website excluding taxes and shipping costs. Taxes and shipping costs have to be borne by the Client. Shipping costs are specified separately in the respective product description. Despite the Seller’s best efforts, it may happen that some of the items listed on the Seller’s site are incorrectly priced. If the price of an item is less than the Seller’s stated price, the Client will be charged with the lower amount. If the price of an item is higher than the price stated on the Seller’s site, the Seller will either contact the Client for instructions before shipping the item or reject the Client’s order and notify the Client of such rejection.
4.2 For deliveries to the United States, additional costs may arise such as transfer fees charged by the bank and taxes and/or customs duties. Those costs have to be borne by the Client.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop .

5) Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2 In the case of unavailability of an item, the Seller will inform the Client by e-mail as soon as possible. In such a case, the Seller will propose to the Client either to order another item shown on the Seller’s site in substitution or to cancel his order. If the Client chooses to cancel his order, he will be refunded, if his bank account has been debited. The Seller shall not be liable in case of unavailability of items.
5.3 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch.

6) Warranty
The Seller disclaims any implied warranty of merchantability or of fitness for a particular purpose in connection with the Client’s purchase of units of any item under this contract.
The Seller will not be liable for any indirect, special, consequential, or punitive damages, including lost profits arising out of or relating to this contract or the transactions it contemplates (whether for breach of contract, tort, negligence , or otherwise) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Client paid to the Seller for the specific goods provided by the Seller giving rise to claims or cause of action .
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the Client to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.

7) Limitation of Liability Regarding the Use of the Seller's Online Shop
7.1 The use of the Seller’s online shop is at the Client’s or user's risk. The Seller’s online shop is provided on an “AS IS” and “AS AVAILABLE” basis. Consequently, the Seller gives no warranties of any kind whether express or implied, statutory or otherwise (including the implied warranties of merchantability, fitness for a particular purpose). Such warranties include, but are not limited to, any representations that material on this website is complete, accurate, reliable, timely, and non-infringing on third parties; that access to this website is uninterrupted or error-free; that this website is secure.
7.2 The Seller shall have no liability or responsibility whatsoever for any losses suffered caused by viruses that may infect the Client’s or the user's computer equipment or other property as a result of his use of, access to, or the downloading of any material from the Seller’s website. Downloading material from this website is done at the Client’s risk.
7.3 The links possibly provided on the Seller’s online shop might take the Client outside the Seller’s website. The Seller accepts no liability for the content, accuracy, or function of these other websites. The Seller accepts no liability deriving from a breach or omission in the privacy policies of third parties. The links are provided in good faith and the Seller cannot be held responsible for any subsequent change in other websites to which it provides a link. The inclusion of any links to other websites does not imply endorsement by the Seller.
7.4 Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the Client or the user of the Seller's website but only to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.

8) Limitation of action
No action arising out of or relating to this contract or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered.

9) Governing Law
The laws of the Federal State of the U.S. in which the Client has his permanent residence govern all legal relationships between the parties excluding the UN-Convention for the international sale of movable goods.

10) Designation of forum
A party bringing a legal action of proceeding against the other party arising out of or relating to this contract or the transactions it contemplates must bring the legal action or proceedings in the court of the State where the Seller has his place of business. Each party to this contract consents to the exclusive jurisdiction of the courts of the State where the Seller has his place of business for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.

We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us.

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Privacy Policy
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1) Basic Information on the Collection and Handling of Personal Data
1.1 Our privacy policy was last edited in December 2019.
1.2 When using the website of our company 
Fencl rybářské potřeby s.r.o. for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
Our visited website
Date and time at the moment of access
Amount of data sent in bytes
Source/reference from which you came to the page
Browser used
Operating system used
IP address used (if applicable: in anonymized form)

2) What personal information do we collect from the people that visit our blog, website or app?
2.1 When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, social security number or other details to help you with your experience.
2.2 We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, use Live Chat, open a Support Ticket or enter information on our site.

3) How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested
- To improve our website in order to better serve you
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions
- To ask for ratings and reviews of services or products
- To follow up with them after correspondence (live chat, email or phone inquiries)

4) How do we protect your information?
4.1 Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.
4.2 Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses his information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

5) Cookies
In order to make your visit to our website attractive and to enable the use of certain functions, we may use so-called cookies on various pages and similar tracking technologies. Cookies are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
- Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/temporarily-allow-cookies-and-site-data-in-microsoft-edge-597f04f2-c0ce-f08c-7c2b-541086362bd2
- Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.

6) Transfer of Data
6.1 We do not sell, trade, or otherwise transfer to outside parties your personal date, unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.
Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer. You have the right to request that we stop transferring your personal information to third parties (right to opt out)
6.2 We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country,unless there are adequate controls in place including the security of your data and other personal information.

7) Disclosure of Data for Law Enforcement
Under certain circumstances, we may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

8) Use of Client Data for Direct Advertising
E-Mail Marketing
If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to Art. 6 (1) 1 lit. a) GDPR, using the data required or disclosed by you separately for this purpose.
You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the
law, of which we inform you in this notice.

9) Processing of Data for the Purpose of Order Handling
9.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below.
9.2 Transfer of data to shipping service providers
- DHL
If delivery of goods takes place by the transport service provider DHL (DHL International GmbH, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to DHL, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to DHL. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with DHL or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with us or with the transport service provider DHL.Their Privacy Policy can be viewed at:
https://www.logistics.dhl/us-en/home/footer/local-privacy-notice.html
- FedEx
If delivery of goods takes place by the transport service provider FedEx (FedEx Corporation, 1000 Ridgeway Loop Road, Ste 600 Memphis, USA, we will pass on your e-mail address to FedEx, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to FedEx for the purpose of delivery. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with FedEx or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with us or with the the transport service provider FedEx. Their Privacy Policy can be viewed at: https://www.fedex.com/en-us/trust-center.html
- UPS
If delivery of goods takes place by the transport service UPS (55 Glenlake Pkwy NE, Atlanta, GA 30328, United States), we will pass on your e-mail address to UPS prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to UPS for the purpose of delivery. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with UPS or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with us or with the transport service provider UPS.
Their Privacy Policy can be viewed at: https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page?

10) Use of Videos
Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, headquartered in 901 Cherry Avenue San Bruno. California. United States.
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
Further information on YouTube's privacy policy can be found in the provider's data protection declaration at: www.google.com/policies/privacy/.

11) Online Marketing
Service provider for online marketing
- Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and the conversion tracking within the framework of Google Ads, operated by Google Limited Liability Company, Mountain View, California, United States ("Google"). We use the program of Google Ads to draw attention to our attractive offers with the help of advertising materials (so-called Google Adwords) on external websites. We can determine, in relation to the advertising campaigns data, how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you. We want to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set on a user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to recognize that the user clicked on the ad and was forwarded to this page. Each Google Ads customer gets a different cookie. Thus, cookies cannot be traced via the website of Google Ads customers. The information collected by the conversion cookies is used to provide aggregate conversion statistics to Google Ads customers who have opted-in for conversion tracking. Customers are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by deactivating the Google Conversion Tracking cookie via your Internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics.
For more information about Google's privacy policy relevant to GMP, please visit https://policies.google.com/privacy?hl=en
- Google Display Network Impression Reporting
We have implemented Google Display Network Impression Reporting. Users can set preferences for how advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

12) Remarketing
Remarketing
- Facebook
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/ or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
- Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout\- for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy and terms web page: https://policies.google.com/privacy?hl=en

13) Web Analysis Services
Google Analytics
We use Google Analytics and third-party cookies such as DoubleClick cookie. We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

14) California Online Protection Act (CALOPPA)
We comply with the California Online Protection Act (CALOPPA). However, we do not honor “DO NOT TRACK (“DNT”). CNT is a preference you set in your browser to inform websites that you do not want to be tracked.

15) Fair Information Practices
15.1 In order to be in line with Fair Information Practices we will take the following responsive action: Should a data breach occur we will notify you via email within 7 business days.
15.2 We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

16) CAN SPAM ACT
We comply with the CAN SPAM Act. The CAN SPAM Act is a law that sets the rules for commercial e-mails, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions. Process orders and to send information and updates pertaining to orders. Send you additional information related to your product and/or service market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
Not use false or misleading subjects or email addresses. Identify the message as an advertisement in some reasonable way. Include the physical address of our business or site headquarters. Monitor third-party email marketing services for compliance, if one is used. Honor opt-out/unsubscribe requests quickly.

17) Children's Privacy
We do not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.

18) Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.

19) Information on Customer Rights according to the California Consumer Privacy Act (CCPA)
- You have the right to request that we stop transferring your personal information to third parties (right to opt out)
- You have the right to know which of your personal data we collect and how and why we use collected personal data collected (right to notice)
- You have the right to request that we disclose what personal data we have collected on you int the past twelve months (rights to disclosure)
- You have the right to request that we delete personal information we have collected on you in the past twelve months (right to deletion). There are certain exceptions to this deletion right, e.g. if the personal information is necessary for a business to detect security incidents, exercise free speech, engage in public or peer-reviewed studies or comply with legal obligations.
- If you decide to exercise your right to opt out of having transferred your personal information to third parties, you are protected by the CCPA rights from getting lower quality services or higher prices because of your decision to opt out.

20) Contact
You can find our contact address in our legal notice.