Terms and Conditions
TERMS AND CONDITIONS OF PANDORA TRAVEL S.R.O.
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INTRODUCTORY PROVISIONS
- The following terms and conditions (“Terms and Conditions”) of Pandora Travel s.r.o., with its registered office at Žerotínova 1739/66, Žižkov, 130 00 Prague 3, Company ID No.: 243 09 141, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 195326 (“the Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (“the Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (“the Purchase Agreement”) concluded between the Seller and another natural or legal person (“the Buyer”).
- A consumer is a natural person who, when concluding a Purchase Agreement, is not acting in the course of their trade, commercial or other business activities, or in the scope of the independent exercise of their profession. An entrepreneur is a natural or legal person who, when concluding a Purchase Agreement, carries out a gainful activity in the form of a trade or other similar manner, independently, on their own account and at their own responsibility, with the intention of doing so on a regular basis and for the purpose of making a profit. If the buyer states their identification number (IČO) in their order, they thereby acknowledge that the rules set out in these terms and conditions relating solely to consumers do not apply to the Buyer, in particular Articles 7, 8.2 and 8.3 of these Terms and Conditions.
- The Purchase Agreement is concluded remotely via the Seller’s online store operated on the website located at https://store.oktagonmma.com/ (“the Website”), through the interface of the Website (“the Online Store Interface”).
- Provisions that deviate from these Terms and Conditions may be agreed upon individually in writing when concluding the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
- The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement may be concluded in Czech, English and German, or in other languages where the current Online Store Interface permits.
- The Seller may unilaterally amend or supplement the Terms and Conditions. This provision does not affect the rights and obligations arising during the period in which the previous version of the Terms and Conditions was in force.
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CONCLUSION OF A PURCHASE AGREEMENT
- In the case of distance purchasing of goods via the Online Store Interface, the Purchase Agreement is concluded upon the Seller’s acceptance of the order; such acceptance is deemed to be the dispatch of the goods by the Seller to the Buyer or the Seller’s express acceptance of the proposal to conclude the Purchase Agreement via email. If the Seller does not accept the relevant order for goods within 3 working days, the Buyer is no longer bound by the order.
- The risk of damage to the goods passes to the Buyer upon receipt of the goods.
- The Buyer acknowledges that the Seller is under no obligation to enter into a Purchase Agreement with the Buyer, in particular if the Buyer is a person who has previously significantly breached a Purchase Agreement or these Terms and Conditions, or a person who is in delay with the payment of due obligations to the Seller.
- When concluding the Purchase Agreements for the sale of collectables, in particular items signed by Oktagon fighters, such as photographs, books, sports equipment or other collectables (the “Memorabilia”), the Seller reserves the right to limit the number of items that a single buyer may purchase.
- Each Memorabilia is sold as an original collector’s item, the value of which may lie in the authenticity of the signature, the limited quantity, or the uniqueness of the specific item. The authenticity of Memorabilia sold from 16 June 2025 is guaranteed by a certificate of authenticity and an official, anti-counterfeit OKTAGON hologram with a unique serial number, which is affixed directly to the Memorabilia. The hologram is designed in such a way that any attempt to remove it will cause irreversible damage, and it cannot be reapplied. The Memorabilia is also fitted with an NFC chip that refers to the Seller’s verification page. The authenticity of the Memorabilia can be verified on the Seller’s verification page (https://store.oktagonmma.com/cs-cz/pages/verify) by entering the relevant serial number. Memorabilia sold before 16 June 2025 do not bear the certification features mentioned above. The Seller reserves the right to change or update the Memorabilia certification system at any time. The Seller is not liable for any loss in value of the Memorabilia, nor does the Seller guarantee such value in any way.
- The Buyer declares that they are purchasing the Memorabilia solely for private, personal or collector's purposes. Any other commercial use of the Memorabilia, in particular its public display or use for marketing purposes, is not permitted without the Seller’s prior written consent.
- A Buyer who is a consumer is not entitled to withdraw from the Agreement within the meaning of Article 7.2 below (withdrawal from the Agreement within the statutory fourteen-day period), in the case of goods manufactured to the Buyer's specifications or tailored to their personal needs, or in the case of goods in sealed packaging which, for health or hygiene reasons, are unsuitable for return once the consumer has broken the seal. The Seller reserves the right not to accept complaints based on minor cosmetic discrepancies (e.g. scratches, scuffs) which are common in hand-signed or used goods.
- The Seller reserves the right to cancel any order showing signs of unlawful or speculative behaviour (e.g. repeated or bulk orders from the same address, email address or payment method), should such behaviour be likely to undermine other Buyers' fair access to goods, including Memorabilia.
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PRICE OF GOODS AND PAYMENT TERMS
- The purchase price of the goods is always quoted to buyers who are consumers inclusive of all taxes and charges.
- The Buyer may pay the Seller the price of the goods and any costs associated with packaging and delivery of the goods in accordance with the payment methods agreed in the order or, as applicable, order confirmation, subject to the Seller’s current options and the type and quantity of goods ordered. The Seller is entitled to require the Buyer to pay a deposit for the goods ordered.
- In the case of payment in cash or cash on delivery (where permitted by the Seller), the purchase price is payable on receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 3 working days following the conclusion of the Purchase Agreement; in the event of a delay in payment of the purchase price, the Seller is entitled to withdraw from the relevant Purchase Agreement. In the case of a cashless payment, the Buyer is obliged to pay the purchase price of the goods in the manner specified by the store’s Website, namely by payment card or via PayPal service. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
- Where customary in business relations or where required by generally applicable legislation, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a registered VAT payer. The Seller shall issue a tax document – an invoice – to the Buyer upon payment of the price of the goods and shall send it in electronic form to the Buyer’s email address.
- Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined, unless the Seller expressly states otherwise. The Seller reserves the right to set the rules governing the combination of individual discounts.
- In the event of technical errors or any other obvious mistake resulting in incorrect information regarding the discount being provided, the Seller reserves the right not to apply the discount or to adjust it to the correct value.
- When purchasing goods or services, the Buyer may redeem gift vouchers purchased via the Online Store Interface (”Vouchers”) which entitle the Buyer to pay the price of the goods, or part thereof, equal to the value stated on the Voucher. If no expiry date is stated on the Voucher, it is valid indefinitely; if an expiry date is stated on the Voucher, it may only be used within that time period. The Seller reserves the right to refuse to redeem a Voucher that is damaged, illegible, past its expiry date, or where there is suspicion of unauthorised use or forgery. Vouchers cannot be exchanged for cash or any other financial compensation and cannot be redeemed retrospectively after a purchase has been made. Any value remaining on a voucher that has not been fully redeemed at the time of purchase will not be carried over or refunded. In the event of withdrawal from the Purchase Agreement or any other return of goods for which the Voucher was applied, the Buyer is not entitled to a cash refund. Where possible, the value of the Voucher will be made available to the Buyer again in the form of a new Voucher for the value of the purchased goods.
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TRANSPORT AND DELIVERY OF GOODS
- The delivery of goods under a concluded Purchase Agreement is carried out in the manner chosen by the Buyer during the ordering process.
- Where the method of transport is agreed upon at the Buyer’s specific request, the Buyer shall bear the risk and any additional costs associated with that method of transport.
- If, under the terms of the Purchase Agreement, the Seller is obliged to deliver the goods to a location specified by the Buyer, the Buyer is obliged to accept the goods upon delivery.
- Unless a delivery date has been agreed, the Seller shall hand over the goods to the Buyer without undue delay following the conclusion of the Purchase Agreement, but no later than 30 days thereafter. If the Buyer fails to take delivery of the product within this period, the Seller shall be entitled to a storage fee at the usual rate. In the case of goods available for pre-order, made-to-measure goods or framed Memorabilia, for which the estimated production time, restocking time or dispatch time is stated in the Online Store Interface, the deadline for handing over the goods shall be calculated from such stated date; this date may be postponed, in which case the Seller shall inform the Buyer without undue delay.
- Where the Seller is to dispatch the goods to the Buyer, the goods are deemed to have been delivered to the Buyer at the moment the carrier hands them over to the Buyer or to a person designated by the Buyer. However, if the Buyer has designated the carrier without the Seller having offered one, the goods are deemed to have been delivered to the Buyer at the moment the Seller hands them over to that carrier. This does not affect the Buyer's rights against the carrier.
- If, for reasons attributable to the Buyer, the goods need to be delivered again or by a method other than agreed, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
- If the Buyer chooses to collect the ordered goods in person, the Buyer must always wait for a confirmation email containing a collection notice. The goods cannot be collected until this notice has been sent. The goods will be available for collection at the collection point for the period specified in the collection notice.
- Upon receiving the goods from the carrier, the Buyer is obliged to check that the packaging is intact and, in the event of any defects, to report this immediately to the relevant carrier. If the packaging is found to be damaged in a way that indicates unauthorised access to the consignment, the Buyer is obliged not to accept the consignment from the carrier and to refuse delivery. If the Buyer accepts a consignment with visibly damaged packaging without objections, the Buyer acknowledges that this fact may be taken into account in the event of a return of the goods and may result in a reduction in compensation in accordance with Article 7.6.
- If the Buyer agrees on special delivery terms with the carrier (e.g. leaving the parcel outside the door, delivery without personal collection, etc.), liability for the parcel passes to the Buyer at the moment the carrier delivers the parcel in accordance with such special terms.
- In the event of damage to the goods during transport, which the Buyer has duly reported to the carrier and the Seller, the Seller shall settle the Buyer’s claim within 30 days of the date on which it was lodged. The Seller is entitled to make a claim against the carrier at the same time; the Seller shall inform the Buyer of the progress of these proceedings without undue delay.
- Further rights and obligations of the parties in relation to the transport of goods may be governed by the specific Terms and Conditions of the relevant carrier.
- In the case of delivery of goods outside the European Union, the goods are delivered in accordance with the Incoterms 2020 rule: DAP (Delivered At Place). Under this rule, the Buyer is obliged to pay all customs duties, import duties, taxes and other charges associated with the import of the goods into the country of destination.
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RIGHTS FROM A DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by the relevant generally applicable legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- Further rights and obligations of the parties relating to the Seller’s liability for defects and the quality guarantee are governed by the Seller’s Complaints Procedure, which forms Annex 1 to these Terms and Conditions.
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CERTAIN SPECIFIC ASPECTS OF SELLING GOODS VIA THE ONLINE STORE INTERFACEORDERING GOODS VIA THE ONLINE STORE INTERFACE
- The Buyer orders goods via the Online Store Interface. To complete a purchase, it is necessary to fill in all the mandatory fields of the order form and, for each individual purchase, to confirm agreement to these Terms and Conditions and acknowledgement of the terms relating to the processing of personal data set out in the Privacy Policy.
- The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement in respect of the offered Goods where justified. Section 1732(2) of the Civil Code shall not apply.
- The Online Store Interface contains information about the goods, including the prices of individual items. The prices of the goods remain valid for as long as they are displayed on the Online Store Interface, without prejudice to the provisions of Article 6.1.15 of these Terms and Conditions. This provision does not restrict the Seller’s ability to conclude a contract of sale on individually agreed terms.
- The Online Store Interface also contains information on the costs associated with packaging and delivery of goods, including delivery methods. The information on the costs associated with packaging and delivery of goods shown on the Online Store Interface applies to those territories to which the current settings of the Online Store Interface allow goods to be dispatched.
- To place an order, the Buyer shall fill in and confirm the order form on the Online Store Interface. The order form contains, in particular, information regarding:
- the goods ordered (the Buyer adds the goods ordered to the online shopping basket on the Online Store Interface);
- the method of payment for the purchase price of the goods, and details of the preferred delivery method for the goods ordered;
- information on the costs associated with the delivery of goods; and
- these Terms and Conditions and the terms and conditions governing the processing of personal data set out in the Privacy Policy.
- Before the order is finalised, the Online Store Interface allows the Buyer to check and amend the details entered in the order, including the option for the Buyer to identify and correct any errors made when entering the data in the order.
- Before submitting the order, the Buyer is also informed of the final purchase price, which comprises the total of the prices of the selected items in the basket and the delivery charge for those items.
- The Buyer submits the order, specifically the proposal to conclude a Purchase Agreement, to the Seller by clicking on the ‘PAY NOW’ button. The details provided in the order are deemed by the Seller to be correct.
- Upon receipt of the order, the Seller shall without undue delay confirm receipt of the order to the Buyer by email, using the email address provided by the Buyer in the order (“the Buyer’s email address”); however, this confirmation does not constitute acceptance of the offer to conclude a Purchase Agreement within the meaning of clause 2.1 of these terms and conditions.
- Depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone) before the Purchase Agreement is concluded.
- The Buyer has the right to cancel the order (amend and correct it), i.e. to withdraw the proposal to conclude a Purchase Agreement, without incurring any penalties, until such time as the proposal to conclude the Purchase Agreement is accepted within the meaning of Article 2.1 of these Terms and Conditions.
- The Seller is entitled to refuse to accept an order that is not placed in accordance with these Terms and Conditions without the Seller’s consent, or to return it to the Buyer for completion, granting the Buyer a reasonable period of time to do so. Should this period expire without the order being completed, the Buyer’s order shall be deemed never to have been received.
- For the avoidance of doubtful cases, the Purchase Agreement shall not be deemed to have been concluded if the Seller has not accepted the Buyer’s order, or has accepted it subject to reservations.
- The Seller reserves the right to make any changes to the goods and prices in the online store. The range of goods displayed in the online store, including those on special offer or in the clearance sale, is valid only whilst stocks last or until the Seller is no longer able to fulfil orders; the number of discounted items or the validity period of the offer must always be specifically stated on the website.
- By entering into the Purchase Agreement, the buyer agrees to these Terms and Conditions and declares that they had the opportunity to familiarise themselves with these Terms and Conditions prior to entering into the agreement. These Terms and Conditions are available to the Buyer at any time at this address: https://store.oktagonmma.com/cs-cz/pages/smluvni-podminky and are also sent to the Buyer as an attachment to an email at the same time as the confirmation of receipt (acceptance) of the order within the meaning of Article 2.1 of these Terms and Conditions.
- The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Any costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
- Information regarding fulfilled orders and concluded Purchase Agreements is archived in the Online Store Interface for a period of at least five years from the date of conclusion, but for no longer than the period specified in the relevant legislation. This information is not accessible to third parties.
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WITHDRAWAL FROM THE AGREEMENT BY THE BUYER-CONSUMER
- A Buyer who is a consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, amongst other things, to withdraw from a Purchase Agreement for the supply of goods which have been manufactured to the Buyer's specifications or adapted to their personal needs, or from a Purchase Agreement for the supply of goods in sealed packaging which, for health or hygiene reasons, are unsuitable for return once the consumer has broken the seal.
- Unless the case falls within the scope of Article 7.1 of the Terms and Conditions or any other case where, under applicable legislation, it is not possible to withdraw from the Purchase Agreement, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement without providing a reason, within 30 days of receipt of the goods by the Buyer or by a third party designated by the Buyer other than the carrier, provided that the subject matter of the Purchase Agreement is:
- several items of Goods delivered separately, this period shall be valid from the date of receipt of the last item;
- Goods consisting of several items or parts, this period shall be valid from the date of receipt of the last item or part of the goods.
- The Buyer is entitled to withdraw from the Purchase Agreement in accordance with Article 7.2 of the Terms and Conditions by means of an unambiguous statement addressed to the Seller, delivered to the Seller’s email address shop@oktagonmma.cz or via the ReturnGo portal for returning goods operated by the Seller. To meet the deadline for withdrawing from the Purchase Agreement, it is sufficient to send the notice of withdrawal before the expiry of the specified period. To withdraw from the Purchase Agreement, the Buyer may also use the model form provided by the Seller, which forms an annex to these Terms and Conditions.
- In the event of withdrawal from the Purchase Agreement pursuant to Article 7.2 of the Terms and Conditions, the Purchase Agreement shall be cancelled with effect from the outset. The goods must be returned to the Seller within 30 days of the Buyer’s withdrawal from the Purchase Agreement. The costs associated with returning the goods to the Seller shall be borne by the Seller if the Buyer uses the Seller’s contracted carrier (e.g. a prepaid shipping label or code provided by the Seller), in countries where the Seller offers this service. In all other cases, the costs associated with returning the goods shall be borne by the Buyer. If the Buyer returns goods from countries outside the European Union, they shall bear all customs charges, import duties and taxes associated with the return of the goods to the Seller; the Seller shall not be liable for these costs. The Buyer is obliged to ensure that the consignment is dispatched in a manner that does not incur customs liabilities on the part of the Seller (e.g. by labelling the consignment as “returned goods”). Failure to comply with this obligation does not deprive the Buyer of the right to return the goods or to a refund of the purchase price; however, the Seller is entitled to deduct from the refunded amount any customs duties and taxes which the Seller can demonstrably prove were incurred as a result of the Buyer's failure to comply with this obligation.
- In the event of withdrawal from the Purchase Agreement in accordance with Article 7.2 of the Terms and Conditions, the Seller shall refund to the Buyer the funds, i.e. the price of the goods, received from the Buyer within 14 days of the Buyer’s withdrawal from the Purchase Agreement, using the same method by which the Seller received them from the Buyer. Where the Buyer is an entrepreneur, the Seller shall refund these funds to the Buyer within 30 days of the withdrawal from the Purchase Agreement. If the Buyer has chosen a method of delivery other than the cheapest method offered by the Seller, the Seller shall refund the costs of delivery to the Buyer only up to the amount corresponding to the cheapest method of delivery offered. The Seller is also entitled to refund the payment made by the Buyer upon the Buyer’s return of the goods or by other means, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer as a result. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the funds received to the Buyer until the Seller has received the goods or until the Buyer provides proof that the goods have been shipped back; proof of dispatch of the goods is deemed to be the presentation of a document confirming the dispatch of the consignment (in particular a posting receipt stating the consignment’s tracking number), from which the link to the specific returned consignment is clearly evident. The Seller is entitled to ask the Buyer to provide additional details necessary to identify the returned parcel, in particular the order number, date of dispatch or posting/tracking number, if this is necessary to verify that the returned goods have been dispatched.
- The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price. The Buyer is liable for any reduction in the value of the goods caused by handling the goods in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods, where such handling has resulted in a reduction in the value of the goods. If the Seller finds that the goods have been subject to wear and tear or damage for reasons attributable to the Buyer, the Seller is entitled, upon the Buyer’s withdrawal from the Agreement, to refund the funds in accordance with Article 7.5 of the Terms and Conditions, reduced by an amount corresponding to such reduction in the value of the goods.
- A Buyer who is a consumer is also entitled to withdraw from the Purchase Agreement where the Seller is in default of handing over the goods for transport for the purpose of their delivery to the Buyer, and fails to fulfil their obligation to hand over the goods for transport even within a reasonable additional period specified by the Buyer. The buyer is entitled to withdraw from the Purchase Agreement even without an additional period in cases where the Seller refuses to hand over the goods, or where the Buyer informs the Seller at the time of concluding the Purchase Agreement that delivery at a specific time is essential. Following the Buyer's withdrawal under this Article, the Seller shall, without undue delay, refund to the Buyer all monetary payments made by the Buyer under the Purchase Agreement.
- If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to a condition subsequent: should the Buyer withdraw from the Purchase Agreement, the gift agreement in respect to such a gift shall cease to have effect and the Buyer shall be obliged to return the gift provided to the Seller together with the goods.
- Instead of withdrawing from the Purchase Agreement in accordance with Article 7.2 of the Terms and Conditions, the Buyer is entitled to request that the Seller exchange the goods for other goods from the Seller’s range (e.g. for a different size, colour or type of goods), within the time limit and under the conditions set out for withdrawal from the Purchase Agreement in accordance with Article 7. The Buyer may submit a request to exchange the goods via the Seller’s email address shop@oktagonmma.cz or via the ReturnGo returns portal operated by the Seller. The exchange of goods is only possible provided that the requested replacement goods are in stock. In the event of a price difference between the original and the new goods, the Buyer is obliged to pay any difference in price; if the price of the new goods is lower, the Seller shall refund the relevant difference to the Buyer. The provisions of Articles 7.4 and 7.6 of these Terms and Conditions shall apply mutatis mutandis to the return of the original goods.
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FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Seller handles complaints via the email address shop@oktagonmma.cz. The Seller will send information regarding the resolution of the Buyer’s complaint to the Buyer’s email address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Registration Number: 000 20 869, website: http://www.coi.cz, is responsible for the out-of-court resolution of consumer disputes arising from purchase agreements.
- The European Consumer Centre Czech Republic, with its registered office at Gorazdova 1969/24, 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 (the Regulation on online dispute resolution for consumer disputes).
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PROTECTION OF PERSONAL DATA
- For the purposes of fulfilling the Purchase Agreement, the Seller processes the Buyer’s personal data in accordance with the General Data Protection Regulation (EU) 2016/679, Act No. 110/2019 Coll., on the processing of personal data, and other related or implementing regulations in the field of personal data protection. This data includes, in particular, data provided by the Buyer when concluding the Purchase Agreement or in the course of their communication with the Seller.
- Further information on the processing of personal data is set out in a separate document, the Privacy Policy, which forms part of each Purchase Agreement.
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FINAL PROVISIONS
- Where a relationship arising from a Purchase Agreement involves an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. This is without prejudice to the consumer’s rights arising from generally applicable legislation.
- If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions.
- The annex to these Terms and Conditions consists of a model withdrawal form and the Seller’s complaints procedure.
- The Seller's current contact details are listed on the website.
- These Terms and Conditions are valid and effective as of 1 August 2026.
PANDORA TRAVEL S.R.O. COMPLAINTS PROCEDURE
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GENERAL PROVISIONS
- The following Complaints Procedure of Pandora Travel s.r.o., with its registered office at Žerotínova 1739/66, Žižkov, 130 00 Prague 3, Company Registration Number: 243 09 141, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 195326 (“the Seller”) governs the basic mutual rights and obligations of the Buyer in connection with the exercise of rights arising from defective performance or the quality guarantee (complaints) when concluding Purchase Agreements by means of distance communication, in particular via the online shop interface at https://store.oktagonmma.com/.
- This Complaints Procedure forms an integral part of the Seller’s Terms and Conditions (“Terms and Conditions”) and, unless otherwise stated in this document, the terms used herein have the same meaning as in the Terms and Conditions. Rights and obligations not governed by this Complaints Procedure or the Terms and Conditions shall be governed by the applicable laws of the Czech Republic. The Buyer is obliged to familiarise themselves with this Complaints Procedure and the Terms and Conditions before ordering goods.
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RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND QUALITY GUARANTEE
- Where the Buyer is a consumer, they may assert a defect that becomes apparent in the goods within two (2) years from receipt, unless otherwise agreed; if the Buyer has rightfully asserted a defect against the Seller, the period referred to in the preceding sentence shall be suspended for the period during which the Buyer cannot use the item. The Seller shall be liable to the Buyer for ensuring that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that, at the time of receipt:
- the goods correspond to the agreed description, type and quantity, as well as to the agreed quality, functionality, compatibility and other agreed characteristics;
- the goods are fit for the purpose for which the Buyer requires them and to which the Seller has agreed; and
- the goods are delivered with the agreed accessories and instructions for use.
- Unless the Seller specifically informs the Buyer, prior to the conclusion of the Purchase Agreement, that a particular characteristic of the goods differs, and the Buyer does not give their express consent to this, the Seller shall be liable to the Buyer, in addition to the agreed characteristics within the meaning of Article 2.1, to ensure that the goods:
- are fit for the purpose for which goods of this kind are normally used, taking into account the rights of third parties, legislation, technical standards or codes of conduct applicable to the sector in question, where no technical standards exist;
- in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the characteristics usually associated with goods of the same kind which the Buyer may reasonably expect, taking into account any public statements made by the Seller or another person in the Seller’s contractual chain, in particular through advertising or labelling. The Seller shall not be bound by a public statement as referred to in the preceding sentence if the Seller proves that they were not aware of such a statement, or that at the time the contract of sale was concluded it had been amended in a manner at least comparable to that in which it had been made, or that it could not have influenced the decision to purchase;
- are supplied with accessories, including packaging and any other instructions for use that the Buyer may reasonably expect; and
- correspond in quality or design to the sample or model provided by the Seller to the Buyer prior to the conclusion of the Purchase Agreement.
- If a defect in the goods becomes apparent within one (1) year of receipt, the goods shall be deemed to have been defective at the time of receipt, unless the nature of the goods precludes this; this period shall be suspended for as long as the Buyer is unable to use the goods, provided that the Buyer has reported the defect justifiably.
- If, at the time of concluding the Purchase Agreement, the Buyer is acting in the course of their business activity (or if the Buyer is not a consumer), the time limit for exercising rights arising from defective performance in respect of the goods is 12 months.
- If the Purchase Agreement, warranty certificate (Terms and Conditions), advertising material or product packaging specify different warranty periods, the longest of these shall apply.
- The Buyer shall not be entitled to rights arising from defective performance if they caused the defect themselves.
- A defect in an item does not include wear and tear caused by its normal use, or, in the case of a second-hand item or a collector’s item (Memorabilia), wear and tear commensurate with the extent of its previous use.
- If the goods are defective, the Buyer may demand that the defect be remedied. At their discretion, they may request the supply of a new item free from defects or the repair of the item, unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had in the absence of the defect, and whether the defect can be remedied by the other method without significant inconvenience to the Buyer.
- The Seller may refuse to remedy the defect if this is impossible or disproportionately costly, in particular having regard to the significance of the defect and the value that the thing would have had in the absence of the defect.
- The Seller shall remedy the defect within a reasonable time after it has been reported, in such a way as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased it.
- In order to remedy the defect, the Seller shall collect the item at their own expense. If this requires the dismantling of an item which had been installed in accordance with its nature and purpose before the defect became apparent, the Seller shall dismantle the defective item and install the repaired or new item, or shall reimburse the costs associated with this.
- If the Buyer fails to collect the item within a reasonable period after the Seller has notified them of the possibility of collecting it following repair, the Seller is entitled to a fee for storage; unless the parties agree on the amount of such fee, the customary amount shall be deemed to have been agreed.
- The Buyer may request a reasonable discount or withdraw from the Agreement if:
- the Seller refused to remedy the defect or failed to remedy it in accordance with Articles 2.9 and 2.10;
- the defect occurs repeatedly;
- the defect constitutes a substantial breach of Agreement; or
- it is clear from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.
- A reasonable discount shall be determined as the difference between the value of the item free from defects and that of the defective item received by the Buyer.
- The Buyer may not withdraw from the Agreement if the defect in the goods is minor; the defect is deemed not to be minor.
- If the Buyer withdraws from the Purchase Agreement, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer has provided evidence that the item has been dispatched; proof of dispatch of the item shall be deemed to be the presentation of a document confirming the dispatch of the consignment (in particular a posting receipt stating the consignment’s tracking number), from which the link to the specific returned consignment is clearly evident. The Seller is entitled to ask the Buyer to provide additional details necessary to identify the returned parcel, in particular the order number, date of dispatch or posting/tracking number, if this is necessary to verify that the returned goods have been dispatched.
- The provisions set out in this Complaints Procedure shall not apply if:
- the defect already existed at the time of handover and a discount on the purchase price has been agreed for such a defect;
- the defect was caused by the Buyer and arose as a result of improper handling or care of the goods;
- the defect was caused by excessive strain or use in conditions other than those reasonably appropriate for the goods;
- the defect was caused by the Buyer and arose as a result of improper use, storage or maintenance contrary to the Seller’s and the manufacturer’s instructions, or as a result of any other intervention by the Buyer or mechanical damage; or
- The defect arose as a result of an external event beyond the Seller's control.
- The Buyer acknowledges that, where goods are delivered by a courier service or other carrier, the Buyer is obliged to check that the packaging and adhesive tape are undamaged before confirming receipt; should there be any doubt as to whether the consignment is defective, the Buyer has the right to refuse to accept an incomplete or damaged consignment.
- Where the Buyer is a consumer, they may assert a defect that becomes apparent in the goods within two (2) years from receipt, unless otherwise agreed; if the Buyer has rightfully asserted a defect against the Seller, the period referred to in the preceding sentence shall be suspended for the period during which the Buyer cannot use the item. The Seller shall be liable to the Buyer for ensuring that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that, at the time of receipt:
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HANDLING OF COMPLAINTS
- The Buyer is obliged to give notice of a defect without undue delay after having had the opportunity to inspect the goods and, with due care, could have detected the defect, either by identifying the defect or by reporting how it manifests itself. In particular, the Buyer is obliged to inspect the goods properly upon receipt to check for any defects in quantity or quality.
- The Buyer shall have the right to lodge a complaint with the Seller at any of the Seller’s premises where complaints can be accepted in view of the range of goods sold, or at the Seller’s registered office; however, if another person has been designated to carry out the repair, and that person is located at the Seller’s premises or at a location closer to the Buyer, the Buyer shall report the defect to the person designated to carry out the repair. The Buyer has the right to lodge a complaint also by post or via the email address shop@oktagonmma.cz. The Buyer is obliged to prove that they are entitled to lodge a complaint, in particular by providing evidence of the date of purchase, either by presenting a sales receipt, a warranty certificate or by other credible means.
- Complaints are handled on behalf of the Seller by ReturnGo Ltd., which has been authorised by the Seller to manage the complaints process via a dedicated complaints portal. All communication with the customer as part of the complaints procedure takes place via the email address shop@oktagonmma.cz. This does not affect the consumer’s rights to lodge a complaint with the Seller in accordance with Article 3.2 above.
- The Seller is obliged to provide the Buyer with written confirmation stating the date on which the consumer lodged the complaint, the nature of the complaint, the method of resolution requested by the consumer, and the consumer’s contact details for the purpose of providing information regarding the resolution of the complaint.
- Complaints, including the remedying of the defect, must be resolved and the consumer must be informed of the outcome no later than thirty (30) days from the date the complaint was lodged, unless the Seller and the Buyer agree on a longer period. If the Seller fails to resolve the complaint within the specified time and does not inform the Buyer of how it has been resolved, the Buyer, as a consumer, is entitled to withdraw from the Purchase Agreement or to demand a reasonable reduction in the purchase price.
- The Seller is obliged to provide the consumer with confirmation of the date and manner in which the complaint has been handled, including confirmation that the repair has been carried out and the time taken to do so, or, where applicable, a written explanation of the reasons for rejecting the complaint.
- Where the Buyer is not a consumer, the time limit set out in Article 3.5 of this Complaints Procedure shall not apply; however, the Seller undertakes to resolve complaints as quickly as possible, taking into account the expert assessment of the goods by the Seller or the manufacturer.
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FINAL PROVISIONS
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A Buyer who is a consumer is entitled to the out-of-court resolution of any disputes (ADR) arising from the Agreement with the Seller in accordance with Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection, as amended, through the Czech Trade Inspection Authority (www.coi.cz). Out-of-court settlement of a consumer dispute is initiated at the request of the Buyer, which may be submitted in writing, orally for the record, or electronically via the online form available on the website of the Czech Trade Inspection Authority. None of the provisions of this Article precludes the Buyer from bringing their claim before the competent court.
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To make a complaint, the Buyer may use the sample complaint form attached to this Complaints Procedure.
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The Seller may amend or supplement the wording of this Complaints Procedure at any time. However, this provision does not affect the rights and obligations arising from Purchase Agreements concluded before the new Complaints Procedure came into effect.
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This Complaints Procedure comes into force and takes effect on 1 August 2026.
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