Terms of service

Terms of Service

These general terms and conditions (the „Terms“) of the sole trader operating under the Trade Licensing Act – Petra Svozilová, IČO 29825938, with registered office at Břest 326, 768 23 Břest, non-VAT payer, registered in the Trade Register kept by the Kroměříž Municipal Authority (the authority competent under Section 71(2) of the Trade Licensing Act), email: info@sidehits.store, phone: 731 043 286 („We“ or the „Seller“) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the 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 on the basis of a purchase contract (the „Contract“) concluded via the E-shop on the website sidehits.store.

All information about the processing of your personal data is contained in the Privacy Policy, which you can find on sidehits.store in the „Privacy“ section.

The provisions of these Terms are an integral part of the Contract. We may unilaterally change or supplement the wording of the Terms. This provision does not affect rights and obligations that arose during the effectiveness of the previous wording of the Terms.

We communicate primarily remotely. Therefore, for our Contract too, means of distance communication are used that allow us to reach agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded by distance means within the E-shop, via the website interface (the „E-shop web interface“).

If any part of the Terms conflicts with what we jointly agreed during your purchase process on our E-shop, that specific agreement prevails over the Terms.

1. CERTAIN DEFINITIONS

1.1. The Price is the financial amount you will pay for the Goods.

1.2. The Price for delivery is the financial amount you will pay for the delivery of the Goods, including the price for their packaging.

1.3. The Total price is the sum of the Price and the Price for delivery.

1.4. VAT is value added tax under applicable legislation.

1.5. The Invoice is a sales document issued for the Total price.

1.6. The Order is your binding proposal to conclude a Contract for the purchase of Goods with Us.

1.7. You are the person purchasing on our E-shop, referred to by legislation as the buyer.

1.8. The Goods are everything you can purchase on the E-shop.

2. GENERAL PROVISIONS AND NOTICES

2.1. Purchase of the Goods is possible only via the E-shop web interface.

2.2. When purchasing the Goods, it is your duty to provide Us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract with Us can be concluded in Czech or Slovak. In the event of a conflict between language versions, the Czech wording prevails.

3.2. The Contract is concluded remotely via the E-shop, whereby the costs of using means of distance communication are borne by You. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e. in particular for internet access); you therefore do not have to expect any further costs charged by Us beyond the Total price. By submitting the Order you agree to our use of means of distance communication.

3.3. In order for us to conclude the Contract, you need to create an Order on the E-shop. This proposal must contain the following data:

• a) information about the purchased Goods (on the E-shop you mark the Goods you are interested in buying with the „Add to cart“ button);
• b) information about the Price, the Price for delivery, the method of payment of the Total price and the required method of delivery of the Goods; this information is entered during the creation of the Order in the E-shop user environment, whereby the information about the Price, the Price for delivery and the Total price is provided automatically based on the Goods you selected and the method of their delivery and payment;
• c) Your identification and contact details serving to enable us to deliver the Goods, in particular first name, surname, delivery address, phone number and email address.

3.4. During the creation of the Order you can change and check the data until it is completed. After the check, you complete the Order by pressing the „Order with obligation to pay“ button. Before pressing the button, you must confirm that you have read and agree to these Terms; otherwise it will not be possible to complete the Order. By pressing the „Order with obligation to pay“ button, all the completed information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it is delivered to Us, by a message sent to your email address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email. The Terms in the wording effective as of the date of the Order, i.e. in the wording attached to the confirming email, form an integral part of the Contract. Confirmation of the Order concludes the Contract between Us and You.

3.6. There may also be cases where we cannot confirm your Order. These are in particular situations where the Goods are unavailable, or cases where you order a larger number of pieces of Goods than is permitted on our part. We will, however, always provide you with information on the maximum number of pieces of Goods within the E-shop in advance, so it should not come as a surprise. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a form amended compared to the Order. In such a case the Contract is concluded at the moment you confirm our offer.

3.7. If an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at that Price even if you received confirmation of the Order and the Contract was thus concluded. In such a situation we will contact you without undue delay and send you an offer to conclude a new Contract in a form amended compared to the Order. In such a case the new Contract is concluded at the moment you confirm our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or where a digit is missing or extra.

3.8. When the Contract is concluded, you incur an obligation to pay the Total price.

3.9. In some cases we allow a discount to be used for the purchase of Goods. To grant the discount, you need to fill in the details of this discount in the predetermined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

4. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

4.1. The Price is always stated within the E-shop, in the Order proposal and, of course, in the Contract. In the event of a conflict between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal applies, which will always be identical to the price in the Contract. The delivery price is set according to the destination country and the chosen method (standard/premium) and is displayed in the cart.

4.2. We are not a VAT payer, so the Total price is stated as the final price, including all charges set by law.

4.3. We will require payment of the Total price from you after conclusion of the Contract and before handing over the Goods. You make payment of the Total price via the online payment gateway (Shopify Payments). The Goods cannot be paid for cash on delivery.

4.4. The Invoice will be issued in electronic form after payment of the Total price and will be sent to your email address.

4.5. Title to the Goods passes to you only after you pay the Total price and take over the Goods.

5. DELIVERY OF GOODS, PASSING OF THE RISK OF DAMAGE

5.1. We dispatch the Goods from our suppliers' warehouses worldwide without undue delay after conclusion of the Contract (or after crediting of the payment), whereby the estimated delivery time is usually 4–7 business days depending on the country. We deliver the Goods via a contractual carrier; specific delivery options will be offered to you when completing the Order.

5.2. We deliver the Goods worldwide; the delivery price depends on the delivery method you choose in the cart. The current delivery conditions are always stated in the cart before completing the Order.

5.3. The delivery time of the Goods always depends on their availability and on the chosen delivery method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time.

5.4. In the event that the Goods were not listed in the E-shop as in stock and an indicative availability time was stated, we will always inform you in the event of:

• a) an extraordinary outage of the availability of the Goods, whereby we will always inform you of a new expected availability time or of the information that it will not be possible to deliver the Goods;
• b) a delay in the delivery of the Goods from our supplier, whereby we will always inform you of a new expected delivery time.

5.5. After taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to report this fact to the carrier and to Us without delay. In the event that there was a defect in the packaging indicating unauthorised handling and entry into the shipment, it is not your duty to take over the Goods from the carrier.

5.6. If you breach your duty to take over the Goods, except in the cases under Article 5.5 of the Terms, this does not result in a breach of Our duty to deliver the Goods to you. At the same time, your not taking over the Goods is not a withdrawal from the Contract between Us and You. However, in such a case We acquire the right to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which We are entitled to a payment from you of up to CZK 1,000. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to you.

5.7. In the event that you do not take over the shipment and the shipment is returned to Us, we are entitled, in addition to the rights under Article 5.6 of the Terms, to reimbursement of the actually incurred costs of transport and packaging associated with sending and returning the shipment.

5.8. If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your duty to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for payment of these costs to your email address stated in the Contract, and they are due within 14 days of delivery of the email.

5.9. The risk of damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, except in the cases under Article 5.5 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over but, for reasons on your side, the takeover did not occur.

6. USE AND CARE OF THE GOODS

6.1. The Goods (baggy ski and snowboard pants, snow goggles, ski masks, jackets and winter gloves) are intended for ordinary recreational and sporting use on the slope, in the park and beyond, in accordance with their purpose and the size chart stated for the Goods.

6.2. Before first use and during it, we recommend following the care instructions stated on the sewn-in label and in the description of the Goods on the E-shop.

6.3. Any unprofessional modifications, re-sewing or interventions in the construction of the Goods are at your risk; by making such modifications, rights from defective performance cease to the extent of the defects thereby caused, and we are not liable for damage arising as a result of such modifications.

6.4. Treat the Goods according to the manufacturer's instructions — the pants, jackets and mask should generally be washed on a gentle cycle at max. 30 °C, without fabric softener or bleach, not tumble dried at high heat, and their water resistance restored as needed with an impregnation designed for membrane materials. Goggles should be wiped with a soft dry cloth and stored in a case; gloves should be left to dry freely away from a direct heat source. Malfunction or reduced functionality of the Goods (e.g. water resistance) caused by incorrect treatment, washing or drying is not a defect of the Goods and does not give rise to rights from defective performance.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of passing of the risk of damage to the Goods under Article 5.9 of the Terms the Goods are free of defects, in particular that the Goods:

• a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
• b) are fit for the purpose for which you require them and with which we agree;
• c) are delivered with the agreed accessories and instructions for use;
• d) are fit for the purpose for which Goods of this type are usually used;
• e) correspond, in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same type that you can reasonably expect, also with regard to public statements made by Us or another person in the same contractual chain, in particular by advertising or labelling;
• f) are delivered with accessories, including packaging, instructions for use and other instructions for use that you can reasonably expect; and
• g) correspond in quality or design to the sample or model provided to you before conclusion of the Contract.

7.2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legislation (in particular Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.3. In the event that the Goods have a defect, i.e. in particular if any of the conditions under Article 7.1 is not met, you may notify Us of such defect and exercise rights from defective performance (i.e. claim the Goods) by sending an email to info@sidehits.store or a letter to Our addresses stated with Our identification data. For the claim you may also use the sample form provided by Us, which forms Annex No. 1 to the Terms. In exercising the right from defective performance you need to choose how you want the defect to be resolved, whereby you cannot subsequently change this choice without Our consent. We will handle the claim in accordance with the right from defective performance you exercised.

7.4. If the Goods have a defect, you have the right:

• a) to removal of the defect by delivery of new Goods without a defect or by delivery of the missing part of the Goods; or
• b) to removal of the defect by repair of the Goods,

unless the chosen method of removing the defect is impossible or, compared with the other method, disproportionately costly, which is assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulty for You.

7.5. We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.

7.6. Furthermore, you have the right to:

• a) a reasonable discount from the Price; or
• b) withdrawal from the Contract,

if:

• i. we refuse to remove the defect or fail to remove it in accordance with the law;
• ii. the defect occurs repeatedly;
• iii. the defect is a material breach of the Contract; or
• iv. it is evident from Our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for You.

7.7. The right to withdraw from the Contract does not apply where the defect of the Goods is insignificant.

7.8. In the event that you caused the defect of the Goods yourself (including the cases under Articles 6.3 and 6.4 of the Terms), you are not entitled to rights from defective performance.

7.9. A defect of the Goods is not wear of the Goods caused by their ordinary use.

7.10. When exercising a claim we will issue you a written confirmation stating:

• a) the date on which you exercised the claim;
• b) what the content of the claim is;
• c) which method of handling the claim you require;
• d) your contact details for the purpose of providing information on the handling of the claim.

7.11. Unless we agree on a longer period, within 30 days of receipt of the claim we will remove the defects and provide you with information on the handling of the claim to the stated contact details. If this period expires in vain, you may withdraw from the Contract or demand a reasonable discount.

7.12. We will inform you of the handling of the claim by email and issue you a confirmation of the date and manner of handling the claim. If the claim is justified, you are entitled to reimbursement of purposefully incurred costs. You are obliged to prove these costs, e.g. by receipts or confirmations of the delivery price. In the event that the defect was removed by delivery of new Goods, it is your duty to return the original Goods to Us; however, We bear the costs of this return.

7.13. If you are an entrepreneur, it is your duty to notify and point out a defect without undue delay after you could have detected it, but no later than within three days of taking over the Goods.

7.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from taking over the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways stated in this article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.

8.2. If you are a consumer, i.e. a person purchasing the Goods outside the scope of their business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days from the day of conclusion of the Contract, or, in the case of a purchase of Goods, within 14 days of their takeover. In the event that we concluded a Contract the subject of which is several pieces of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods.

8.3. You may withdraw from the Contract by any demonstrable means (in particular by sending an email to info@sidehits.store or a letter to Our addresses stated with Our identification data). For withdrawal you may also use the sample form provided by Us, which forms Annex No. 2 to the Terms.

8.4. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is a performance listed in Section 1837 of the Civil Code.

8.5. The withdrawal period under Article 8.2 of the Terms is deemed preserved if, during its course, you send Us a notice that you are withdrawing from the Contract.

8.6. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are obliged to send the Goods back to Us without undue delay, no later than 14 days from withdrawal from the Contract. The costs associated with returning the Goods to Us are borne by You. We will also refund the delivery price you paid, in the amount of the cheapest offered method of standard delivery.

8.7. In the event of withdrawal from the Contract, the Price, or also the delivery price under Article 8.6, will be refunded to you within 14 days of receipt of the returned Goods, or from the moment you prove to us that you have sent them back to Us (whichever occurs first) – to the account from which it was credited, or to the account chosen in the withdrawal from the Contract, unless we agree otherwise. Please return the Goods to Us clean, complete including accessories and, if possible, in the original packaging.

8.8. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are liable to Us for the decrease in the value of the Goods that arose as a result of handling these Goods in a manner other than necessary to familiarise yourself with their nature, characteristics and functionality, i.e. in the manner in which you would familiarise yourself with the Goods in a brick-and-mortar store (in particular longer wearing, washing, damage or other devaluation of the Goods). We assess the degree of the decrease in value individually according to the actual condition of the returned Goods and will always justify it to you. In the event that we have not yet refunded the Price to you, we are entitled to set off the claim arising from the decrease in the value of the Goods against your claim for the refund of the Price.

8.9. Address for returns and claims of Goods: sidehits.store, Břest 326, 768 23 Břest, Czech Republic, or to the Zásilkovna Z-BOX: Z-BOX Břest 87, 768 23 Břest. Before sending the Goods, always contact us first at info@sidehits.store – we will send you return instructions.

8.10. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons consisting in the nature of the Goods). We may also withdraw from the Contract if it is evident that you deliberately stated incorrect information in the Order. If you purchase the Goods within your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1. In relation to buyers we are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. We handle consumer complaints via the electronic address info@sidehits.store. We will send information on the handling of the complaint to the buyer's electronic address.

9.3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and a buyer who is a consumer from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 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.

10. FINAL PROVISIONS

10.1. If Our and Your legal relationship contains an international element (i.e., for example, we will send the Goods outside the territory of the Czech Republic, e.g. to Slovakia), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights arising from legislation.

10.2. We will deliver all written correspondence to you by electronic mail. Our email address is stated with Our identification data. We will deliver correspondence to your email address stated in the Contract, in the user account or through which you contacted us.

10.3. The Contract can be amended only on the basis of our written agreement. We are entitled to unilaterally change or supplement these Terms; however, such a change will not affect already concluded Contracts, but only Contracts that will be concluded after the amended Terms take effect.

10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.

10.5. Annexes to the Terms are a sample form for a claim (Annex No. 1) and a sample form for withdrawal from the Contract (Annex No. 2).

10.6. The Contract, including the Terms, is archived by Us in electronic form but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, and you will therefore always have access to the Contract even without Our cooperation. We recommend always saving the Order confirmation and the Terms.

10.7. These Terms take effect on 03/08/2026.

ANNEX No. 1 – CLAIM FORM

Addressee: Petra Svozilová, Břest 326, 768 23 Břest, email: info@sidehits.store

Buyer's first name and surname: ...........................................................

Email and phone: ...........................................................

Order / invoice number: ...........................................................

Date of takeover of goods: ...........................................................

Claimed goods: ...........................................................

Description of the defect: ...........................................................

Required method of handling the claim (repair / replacement / discount / withdrawal from the contract): ...........................................................

Date and signature: ...........................................................

ANNEX No. 2 – SAMPLE FORM FOR WITHDRAWAL FROM THE CONTRACT

(fill in this form and send it back, or fill in and send the withdrawal form directly in the withdrawal section on our website, only if you wish to withdraw from the contract)

Addressee: Petra Svozilová, Břest 326, 768 23 Břest, email: info@sidehits.store

I hereby give notice that I withdraw from the contract for the purchase of these goods: ...........................................................

Order number: ...........................................................

Date of order / date of receipt: ...........................................................

Consumer's first name and surname: ...........................................................

Consumer's address: ...........................................................

Account number for refund (optional): ...........................................................

Date and signature (only if the form is sent in paper form): ...........................................................