Terms and Conditions
This is an English translation of the Czech Terms and Conditions for information purposes. The contract is concluded in Czech.
These General Terms and Conditions (the “Terms”) of Bubak Company s.r.o., registered office: Na Chodovci 2722/56, Záběhlice (Praha 4), 141 00 Praha, company ID 04952545, registered in the Commercial Register under file C 255634/MSPH maintained by the Municipal Court in Prague, email info@berserkr.cz, telephone +420 605 158 596, business premises: K Přehradám 1205, Zbraslav (Praha 5), 156 00 Praha (“We” or the “Seller”), govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You as the buyer and Us as the seller arising in connection with or under a purchase contract (the “Contract”) concluded through the online store at www.berserkr.cz.
Information on the processing of your personal data is available in our Privacy Policy.
These Terms form an integral part of the Contract. The Contract and the Terms are drawn up in Czech. We may unilaterally amend or supplement the Terms. This does not affect rights and obligations arising while the previous version was in force.
We communicate primarily remotely. The Contract therefore uses means of distance communication allowing Us and You to agree without being physically present together. The Contract is concluded remotely through the online store’s website interface (the “Online Store Interface”).
If any part of these Terms conflicts with a specific agreement made during your purchase in our online store, that specific agreement takes precedence.
1. Definitions
- Price means the amount payable for the Goods.
- Delivery Charge means the amount payable for delivery of the Goods, including packaging.
- Total Price means the Price plus the Delivery Charge.
- VAT means value added tax under applicable legislation.
- Invoice means a tax document issued for the Total Price in accordance with the Value Added Tax Act.
- Order means your binding offer to enter into a Contract with Us for the purchase of Goods.
- User Account means an account established using information you provide, allowing entered details, ordered Goods and concluded Contracts to be stored.
- You means the person shopping in our online store, referred to in legislation as the buyer.
- Goods means everything available for purchase in the online store.
2. General provisions and information
- Goods may be purchased only through the Online Store Interface.
- When purchasing Goods, you must provide all information correctly and truthfully. Information provided in your Order will be considered correct and truthful.
- Our online store also provides access to product reviews by other consumers. We ensure and check their authenticity by linking reviews to specific orders. Our internal system shows the linked order ID for each review, allowing Us to verify and demonstrate that the review comes from a genuine consumer.
3. Conclusion of the Contract
- A Contract with Us may be concluded only in Czech.
- The Contract is concluded remotely through the online store. You bear the cost of using means of distance communication. These costs do not differ from your standard rate for using those means, particularly internet access. We charge no additional costs beyond the Total Price. By submitting an Order, you agree to our use of distance communication.
- To conclude a Contract, you must create an Order containing:
- Information about the Goods being purchased, selected using the “Add to cart” button.
- Information about the Price, Delivery Charge, payment method for the Total Price and requested delivery method. These are entered while creating the Order; the Price, Delivery Charge and Total Price are displayed automatically based on the selected Goods, delivery and payment method.
- Your identification and contact details needed for delivery, particularly first name, surname, delivery address, telephone number and email address.
- You can check and change your details until the Order is completed. After checking them, complete the Order by pressing “Order with obligation to pay”. Before pressing the button, you must confirm that you have read and agree to these Terms, otherwise the Order cannot be completed. A checkbox is used for confirmation and consent. Pressing “Order with obligation to pay” sends all entered information directly to Us.
- We will confirm your Order as soon as possible after receiving it, by email to the address provided. The confirmation includes an Order summary and these Terms as an attachment. The Terms effective on the Order date, attached to the confirmation email, form an integral part of the Contract. The Contract is concluded when We confirm the Order.
- We may be unable to confirm an Order, particularly if Goods are unavailable or you order more units than permitted. We always state any maximum quantity in advance in the online store. If We cannot confirm the Order for any reason, We will contact you and offer a Contract with modified terms. In that case, the Contract is concluded when you accept our offer.
- If an obviously incorrect Price is shown in the online store or Order, We are not obliged to deliver at that Price even if you have received an Order confirmation and the Contract has been concluded. We will contact you without delay and offer a new Contract with a modified Price. The new Contract is concluded when you accept our offer. An obvious pricing error includes, for example, a Price that does not correspond to usual prices charged by other sellers or a missing or extra digit.
- Conclusion of the Contract creates your obligation to pay the Total Price.
- If you have a User Account, you may place an Order through it. You must still check that pre-filled information is correct, truthful and complete. The process is the same as for buyers without an account, except that identification details need not be entered repeatedly.
- In some cases, We allow a discount on Goods. To claim it, enter the discount details in the designated field when creating the Order. The Goods will then be supplied at the discounted price.
4. User Account
- After registering in the online store, you can access your User Account.
- You must enter all registration details correctly and truthfully and update them when they change.
- Access is secured by a username and password. You must keep these credentials confidential and not disclose them to anyone. We bear no responsibility for their misuse.
- Your User Account is personal and you may not allow third parties to use it.
- We may cancel your User Account, particularly if you have not used it for more than 24 months or if you breach your obligations under the Contract.
- The User Account may not be available continuously, particularly due to necessary hardware and software maintenance.
5. Prices, payment and retention of title
- The Price is stated in the online store, the proposed Order and the Contract. If the Price shown with the Goods differs from the Price in the proposed Order, the latter applies and will match the Contract. The proposed Order also states the Delivery Charge and any conditions for free delivery.
- The Total Price includes VAT and all statutory charges.
- We require payment after conclusion of the Contract and before handing over the Goods. You may pay:
- By bank transfer. Payment instructions are included in the Order confirmation. The Total Price is due within 5 days.
- By card online. Payment is processed through Shoptet Pay and governed by the gateway’s terms available at https://www.shoptetpay.com/cs/. The Total Price is due within 5 days.
- In cash on personal collection. Cash payment is available when collecting Goods at our premises. The Total Price is due on collection.
- An electronic Invoice is issued after payment of the Total Price and sent to your email address.
- Ownership of the Goods passes to you only after you have paid the Total Price and received the Goods. For bank transfers, payment occurs when the amount is credited to our account; for other methods, when payment is made.
6. Delivery and transfer of risk
- Goods will be dispatched no later than 3 days after payment is received, using your selected method. Options include personal collection at our premises listed in the list of business premises, collection at Zásilkovna/Packeta collection points, or delivery by Packeta or PPL, according to the options offered in the Order.
- We deliver within Czechia and abroad through Packeta and PPL. Available destinations, delivery methods and prices are displayed during checkout.
- Delivery time depends on availability and the delivery and payment method selected. The expected delivery time is provided in the Order confirmation. Times stated in these Terms are indicative and may differ from actual delivery. For personal collection, We will email you when Goods can be collected.
- On receipt from the carrier, you must check that the packaging is intact and immediately report any defects to the carrier and Us. If packaging damage indicates unauthorised interference or access to the parcel, you are not obliged to accept it.
- If you breach your obligation to accept the Goods, except in the cases under Article 4 of the Terms, this does not mean We have breached our obligation to deliver. Failure to accept Goods is not withdrawal from the Contract. We may, however, withdraw due to your material breach. Our withdrawal takes effect when delivered to you and does not affect our claim for the Delivery Charge or compensation for any damage.
- If, for reasons on your side, Goods are delivered repeatedly or by a method different from that agreed, you must reimburse the associated costs. We will email payment details to the address in the Contract; payment is due within 5 days of delivery of the email.
- Risk of damage passes to you when you receive the Goods. If you do not accept them, except in the cases under Article 4 of the Terms, risk passes when you had the opportunity to accept them but did not do so for reasons on your side. From then on, you bear all consequences of loss, destruction, damage or other deterioration.
- If Goods were not shown as in stock and an indicative availability date was given, We will inform you of:
- an exceptional interruption in production, giving a revised availability estimate or explaining that supply is impossible;
- a delay by our supplier, giving a revised expected delivery time.
7. Rights arising from defects
- We guarantee that, when risk passes under Article 7 of the Terms, the Goods are free from defects, in particular that they:
- correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed characteristics;
- are fit for the purpose you require and We have agreed to;
- are fit for the usual purpose of goods of that kind;
- have the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, usual for goods of that kind and reasonably expected, taking account of public statements by Us or others in the contractual chain, particularly advertising or labelling.
- Rights and obligations relating to defects are governed by applicable legislation, particularly Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
- If Goods are defective, particularly where a condition under Article 1 is not met, you may notify Us and make a claim by email or letter to the addresses in our identification details, or in person at K Přehradám 1205, Zbraslav (Praha 5), 156 00 Praha. You may also use the model claim form in Appendix 1. State your chosen remedy when making the claim; you may not change it later without our consent. We will handle the claim according to the right you exercise.
- You may request that a defect be remedied by delivery of new defect-free Goods or a missing part, unless the chosen remedy is impossible or disproportionately costly compared with the other remedy. This is assessed particularly by the significance of the defect, the value of defect-free Goods and whether the other remedy can be provided without significant inconvenience to you.
- We may refuse to remedy a defect if it is impossible or disproportionately costly, particularly considering the significance of the defect and the value of defect-free Goods.
- You may also request a reasonable Price reduction or withdraw from the Contract if We refuse to remedy the defect or fail to do so in accordance with the law, if the defect constitutes a material breach, or if our statements or the circumstances make it clear that the defect will not be remedied within a reasonable time or without significant inconvenience.
- You may not withdraw if the defect is insignificant.
- You have no rights arising from defects you caused yourself.
- Normal wear and tear, or wear consistent with previous use of second-hand Goods, is not a defect.
- When you make a claim, We provide written confirmation stating the claim date, its subject, the remedy requested and your contact details for notification of the outcome.
- Unless a longer period is agreed, We will remedy defects and inform you of the outcome within 30 days of receiving the claim. If this period expires without resolution, you may withdraw or request a reasonable discount.
- We notify you by email and provide confirmation of the date and method of resolution. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs, which you must substantiate, for example with receipts or delivery-charge confirmations. If replacement Goods are supplied, you must return the original Goods; We pay the return costs.
- If you are a business customer, you must report defects without undue delay after you could have discovered them, and no later than three days after receiving the Goods.
- If you are a consumer, you may exercise rights arising from a defect appearing in consumer Goods within 24 months of receipt.
8. Withdrawal from the Contract
- Withdrawal, which terminates the contractual relationship from its beginning, may occur for the reasons and by the methods set out here or in other provisions expressly allowing withdrawal.
- Under Section 1829 of the Civil Code, the Buyer may withdraw from an online purchase within 14 days of receiving the Goods without giving a reason. Under Section 1837, this does not apply to food products opened after delivery or rapidly perishable goods. If Goods arrive damaged, defective or incorrect, contact info@berserkr.cz without undue delay. We will resolve the situation individually, for example by replacement or refund.
- If you are a consumer purchasing outside your business activities, Section 1829 gives you 14 days to withdraw without reason from conclusion of the Contract, or, for Goods, from receipt. For several items or parts, the period starts on delivery of the final item or part. For regular repeated deliveries, it starts on delivery of the first consignment.
- You may withdraw by any provable method, particularly email or letter to our stated addresses. You may use the model withdrawal form in Appendix 2.
- Even consumers cannot withdraw where the Contract concerns performance listed in Section 1837 of the Civil Code.
- The withdrawal period under Article 2 of the Terms is met if you send your notice within that period.
- On withdrawal under Article 2, you must return Goods within 14 days and bear return costs. We reimburse the Delivery Charge only up to the cheapest delivery method offered for that delivery. If withdrawal results from our breach, We also pay return costs, again limited to the cost of the cheapest delivery method offered.
- We refund the Price within 14 days after withdrawal takes effect, to the account from which payment was received or the account specified in the withdrawal. We will not refund before receiving the Goods or proof that they have been sent back. Please return Goods clean and, if possible, in their original packaging.
- On withdrawal under Article 2, you are liable for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of Goods, as you would in a physical shop. If We have not yet refunded the Price, We may set off this claim against your refund claim.
- We may withdraw at any time before delivery if objective reasons prevent delivery, particularly third-party reasons or the nature of the Goods, even before the period in Article 9 expires. We may also withdraw if you deliberately provided obviously incorrect Order information. For business purchases, We may withdraw at any time without giving a reason.
- You may also use the online withdrawal function in the returns and claims section, labelled “Return products”. If you do, We will confirm receipt of your withdrawal in text form, for example by email, without undue delay, including its content and submission date and time. Withdrawal by a provable email or letter and the Appendix 2 model form remain available.
9. Consumer disputes
- We are not bound by any codes of conduct towards buyers under Section 1826(1)(e) of the Civil Code.
- Consumer complaints are handled at info@berserkr.cz. We send the outcome to the buyer’s email address.
- The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, company ID 000 20 869, www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Contract.
- European Consumer Centre Czech Republic: Štěpánská 567/15, 120 00 Praha 2, www.evropskyspotrebitel.cz.
10. Final provisions
- If our legal relationship has an international element, for example delivery outside Czechia, Czech law governs it. This does not affect consumers’ statutory rights.
- All written correspondence is delivered by email. Our address appears in our identification details. We use your email from the Contract, User Account or the address through which you contacted Us.
- The Contract may be amended only by written agreement. We may amend these Terms, but changes affect only Contracts concluded after the change takes effect, not existing Contracts. We notify you only if you have a User Account or a Contract for regular repeated deliveries. For account holders, this informs future purchases and does not create a termination right where there is no ongoing Contract to terminate. We email notice at least 14 days before the change takes effect. Unless We receive termination of a regular-delivery Contract within 14 days after sending notice, the new Terms become part of that Contract and apply to the next delivery after the change takes effect. If you terminate, the notice period is two months.
- In force majeure or unforeseeable events, such as natural disasters, pandemics, operational failures or subcontractor outages, We are not liable for related damage. If force majeure lasts more than 10 days, both parties may withdraw.
- A model claim form and model withdrawal form are appended to these Terms.
- We archive the Contract and Terms electronically, but you cannot access that archive. You always receive the Terms and Order confirmation with an Order summary by email, giving you access without our assistance. We recommend saving them.
- These Terms take effect on 12 December 2025.
