Personal Data Protection Policy

We are Kristián Pilát - ProfiAirsoft, Company ID (IČ): 09910310, with our registered seat at 8. května 454/16, Olomouc, 779 00, Czech Republic.

We operate an e-commerce store.

To provide our services, sell goods, and operate our website, we process certain personal data.

The processing of personal data is governed in particular by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).

I. Processing of Personal Data

A. Processing of Personal Data When Using the Contact Form

If you inquire about our products and services, we will work with the contact details you provide to us, mainly through the inquiry form.

For what reason?

We will use these details to contact you for further arrangements regarding goods and services.

On what legal basis?

This processing is based on Art. 6(1)(b) of the GDPR – negotiation of a contract, or taking steps at your request prior to entering into a contract.

How long will we process your personal data?

If we do not establish further cooperation, we will process your data for a maximum of 30 days from our last communication.

B. Processing of Personal Data When Making a Purchase

If you purchase from us, we will work with the data you fill in. This mainly includes billing and delivery details: first name, last name, address, email address, phone number, etc.

For what reason?

We need to process personal data to fulfill our contract – to deliver our goods or services to you. We will also use your contact details to communicate regarding the status of your order, as well as regarding complaints, warranty claims, or your inquiries.

Furthermore, we process personal data to comply with our legal obligations (mainly for accounting and tax purposes, handling complaints, etc.).

On what legal basis do we process personal data?

This processing is based on Art. 6(1)(b) of the GDPR – performance of a contract, and Art. 6(1)(c) of the GDPR – compliance with our legal obligation.

How long will we process your personal data?

For the period necessary to perform our service, and subsequently for 30 days from the last provision of such service or delivery of goods.

C. Newsletters (Commercial Communications)

If you are a purchasing customer and did not opt out during your purchase, we will use your email address to send you our news and updates.

On what legal basis?

This is permitted pursuant to Section 7 (3) of Act No. 480/2004 Coll., on Certain Information Society Services, provided you did not object or opt out during the purchase.

How long will we process your personal data?

For 1 year from your last purchase. You can unsubscribe from our newsletter at any time via the link in any email or by contacting us at: info@profiairsoft.cz.

II. Who Gets Access to the Data?

Your data remains with us. However, certain companies or contractors work for us and access data because they assist us with running our e-shop. These include:

• The e-shop platform operator: Shoptet (Shoptet a.s., registered seat at Dvořeckého 628/8, Břevnov, 169 00, Prague 6, Czech Republic, ID: 289 35 675, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 25395)

• Shipping and logistics companies involved in delivering goods

• Payment gateway and processing providers

• Email marketing service providers

We process personal data exclusively within the territory of the European Union.

III. What Else You Should Know

Our company has not appointed a Data Protection Officer (DPO).

Our company does not engage in decision-making based on automated processing or profiling.

IV. Use of Cookies

Cookies are small text files containing small amounts of information that are downloaded to your device when you visit our website. On each subsequent visit, cookies are sent back to the originating website or to another website that recognizes them.

Cookies perform various tasks, such as allowing efficient navigation between pages, remembering your preferences, and generally improving the user experience. They can also help ensure that advertisements displayed online are relevant to you and your interests.

We use the following cookies on our website:

• Necessary Cookies: Required for the operation of the website, enabling core functionalities such as logging into secure areas. This category of cookies cannot be disabled.

• Analytical/Statistical Cookies: Allow us to recognize and count the number of visitors and see how visitors move around our website. They help us improve the way the website works. We run these cookies only with your prior consent.

• Marketing Cookies: Used to track user preferences and display advertisements or content that best match your interests and online behavior. We run these cookies only with your prior consent.

Please note that third parties (including, for example, external service providers) may also use cookies and/or access data collected by cookies on our website.

Further information about cookies and their current list can be found through your individual web browsers, most commonly under Developer Tools.

Consent can be expressed via the checkbox contained in the cookie banner. You can also subsequently refuse cookies or configure your browser settings to allow only certain cookies.

For further information on managing cookies in individual browsers, please see the following links:

• Internet Explorer:https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

• Google Chrome:https://support.google.com/chrome/answer/95647

• Firefox:https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop

• Safari:https://support.apple.com/guide/safari/sfri11471/mac

• Opera:https://help.opera.com/en/latest/security-and-privacy/

• Microsoft Edge:https://docs.microsoft.com/en-us/sccm/compliance/deploy-use/browser-profiles

V. Your Rights in Connection with Personal Data Processing

The GDPR gives you, among other things, the right to contact us to request information about what personal data we process, request access to this data, have it updated or rectified, or request a restriction of processing. You can also request a copy of the processed personal data, request data erasure in certain situations, and, under certain conditions, exercise your right to data portability. You have the right to object to processing based on legitimate interest.

If you believe we are not handling your data correctly, you have the right to lodge a complaint with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů) or seek legal remedies in court.

These terms are effective as of January 1, 2023.

TERMS AND CONDITIONS

These General Terms and Conditions (“Terms”) of Kristián Pilát - ProfiAirsoft, with registered office at 8. května 454/16, Olomouc, 779 00, Czech Republic, ID (IČO): 09910310, email: info@flashstrike.cz (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (“Contract”) concluded through the E-shop.

All information regarding the processing of your personal data can be found in our Personal Data Protection Policy.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are executed in the English language. We may unilaterally amend or supplement the text of the Terms. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms.

As you know, we primarily communicate at a distance. Therefore, means of distance communication are used for our Contract, allowing us to agree together without our mutual physical presence, and the Contract is thus concluded at a distance in the E-shop environment through the website interface (“E-shop web interface”).

If any part of these Terms contradicts what we have mutually approved as part of your purchase process on our E-shop, that specific agreement shall take precedence over these Terms.

I. SOME DEFINITIONS

1. Price is the financial amount you will pay for the Goods;

    

2. Shipping Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

    

3. Total Price is the sum of the Price and the Shipping Price;

    

4. VAT is value added tax in accordance with applicable legal regulations;

    

5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

    

6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;

    

7. User Account is an account established based on data provided by you, which allows the storage of entered data and the history of ordered Goods and concluded Contracts;

    

8. You are the person purchasing on our E-shop, legally referred to as the buyer;

9. Goods are anything you can purchase on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

1. The purchase of Goods is only possible through the E-shop web interface.

2. When purchasing Goods, it is your duty to provide Us with all information correctly and truthfully. The information you provide Us when ordering Goods will therefore be considered correct and truthful.

III. CONCLUSION OF THE CONTRACT

1. The Contract with Us can be concluded in the English language (or Czech where applicable).

2. The Contract is concluded at a distance through the E-shop, with the cost of using distance communication means being borne by you. 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 should not expect any additional costs charged by Us beyond the Total Price. By submitting an Order, you agree to our use of distance communication means.

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

   • a) Information about the Goods being purchased (on the E-shop, you select the Goods you wish to purchase using the "Add to Cart" button);

   • b) Information about the Price, Shipping Price, payment method for the Total Price, and the required method of delivery of Goods; this information will be entered during the creation of the Order proposal within the user interface of the E-shop, with information on the Price, Shipping Price, and Total Price listed automatically based on your selected Goods and delivery method;

   • c) Your identification and contact details enabling us to deliver the Goods, specifically first name, last name, delivery address, phone number, and email address;

   • d) In the case of a Contract under which we deliver Goods to you regularly and repeatedly, information on how long we will supply the Goods.

4. During the creation of the Order proposal, you can change and check the data up until the Order is created. After checking, you create the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, you must confirm that you have read and agreed to these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. After pressing the “Order with obligation to pay” button, all filled-in information will be sent directly to Us.

5. We will confirm your Order as soon as possible after it is delivered to Us by sending a message to your email address entered in the Order. The confirmation will include a summary of the Order and these Terms. Upon confirmation of the Order by Us, the Contract between Us and You is concluded. The Terms in effect on the day of the Order form an integral part of the Contract.

6. There may also be cases where we cannot confirm your Order. These mainly involve situations where Goods are unavailable or cases where you order a larger number of units than is permitted on our part. However, information regarding the maximum quantity of Goods will always be provided to you within the E-shop in advance and should not be surprising. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you confirm our offer.

7. In the event that an obviously incorrect Price is listed within the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at this Price, even if you have received an Order confirmation and thus the Contract was concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded at the moment you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in Price is considered, for example, a situation where the Price does not correspond to the usual price of other sellers or a digit is missing or extra.

8. Once the Contract is concluded, you incur an obligation to pay the Total Price.

9. If you have a User Account, you can place an Order through it. Even in that case, you have a duty to check the correctness, truthfulness, and completeness of pre-filled data. However, the method of creating an Order is identical to that of a buyer without a User Account, with the advantage that you do not need to repeatedly fill in your identification details.

10. In some cases, we allow discounts on the purchase of Goods. To apply a discount, you must fill in details about this discount in a designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User Account.

2. When registering a User Account, it is your duty to state all entered data correctly and truthfully and to update them in case of changes.

3. Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not provide them to anyone. If they are misused, we bear no responsibility for it.

    

4. The User Account is personal, and you are not authorized to allow third parties to use it.

    

5. We may cancel your User Account, especially if you do not use it for more than 90 consecutive days, or if you breach your obligations under the Contract.

    

6. The User Account may not be available continuously, particularly with regard to necessary hardware and software maintenance.

V. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

1. The Price is always stated within the E-shop, in the Order proposal, and in the Contract. In case of a discrepancy between the Price stated for the Goods in 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 Shipping Price, or terms under which shipping is free, is also stated within the Order proposal.

2. The Total Price includes VAT and all fees required by law.

3. We will require payment of the Total Price from you after the conclusion of the Contract and prior to handing over the Goods. You can pay the Total Price in the following ways:

   • a) Bank transfer: Payment instructions will be sent to you in the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 7 business days.

   • b) Cash on delivery (COD): In this case, payment will occur upon delivery of Goods against handover of the Goods. In the case of COD payment, the Total Price is payable upon receipt of the Goods.

   • c) Cash upon personal pickup: Goods can be paid in cash upon receipt at Our premises. In this case, the Total Price is payable upon receipt of the Goods.

   • d) Online by card / Payment gateway: Online payments are processed for us by an authorized payment gateway provider (e.g., Comgate Payments, a.s.). Payments made through the payment gateway are fully secured and encrypted.

4. An Invoice will be issued in electronic form after payment of the Total Price and sent to your email address. The Invoice will also be available in your User Account.

5. Ownership of the Goods passes to you only after you pay the Total Price and take possession of the Goods. In the case of payment by bank transfer, the Total Price is paid upon credit to Our bank account; in other cases, it is paid at the moment the payment is executed.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

1. Goods will be delivered to you by the method of your choice, choosing from the available options provided in the E-shop order form.

2. Delivery options and supported regions/countries will be specified during the checkout process.

3. Delivery time always depends on availability and the chosen delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time.

4. Upon receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in case of any defects, notify the carrier and Us immediately. If there is a defect in the packaging indicating unauthorized handling or intrusion into the shipment, you are not obliged to accept the Goods from the carrier.

5. If you breach your obligation to take delivery of the Goods (except for cases under Article VI.4 of these Terms), this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, failure to take delivery does not constitute 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. If we decide to exercise this right, the withdrawal is effective on the day we deliver this notice to you. Withdrawal from the Contract does not affect claims for payment of the Shipping Price or claims for damages, if any arose.

6. If, for reasons on your part, 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 such repeated delivery.

7. Risk of damage to the Goods passes to you at the moment you take delivery. If you do not take delivery (except for cases under Article VI.4 of these Terms), the risk of damage to the Goods passes to you at the moment when you had the opportunity to take delivery, but failure to do so occurred due to reasons on your part.

8. If Goods were not listed as in-stock on the E-shop and an estimated availability period was stated, we will always inform you in cases of:

   • a) an extraordinary production outage, giving you a new expected availability time or info that the Goods cannot be delivered;

   • b) delay in delivery from Our supplier, informing you of the new expected delivery time.

9. If we are unable to deliver the Goods to you even within 30 days after the expiry of the delivery period stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE (WARRANTY & CLAIMS)

1. We guarantee that at the time of transfer of risk of damage to the Goods according to Article VI.7 of the Terms, the Goods are free from defects, in particular that:

   • a) they have the properties agreed with you, or described by Us, or expected with regard to the nature of the Goods;

   • b) they are fit for the purpose stated or usual for Goods of this type;

   • c) they comply with the quality or design of an agreed sample, if applicable;

   • d) they are in the corresponding quantity and weight/measure;

   • e) they meet legal requirements;

   • f) they are not encumbered by third-party rights.

2. Rights and obligations regarding rights from defective performance are governed by applicable general statutory provisions (in particular statutory rules under the Czech Civil Code and relevant Consumer Protection acts).

3. If the Goods have a defect, you can notify Us and exercise your rights from defective performance (claim warranty) by sending an email or letter to Our address. You must state how you want the defect resolved upon filing the claim.

4. If the defective performance is a material breach of the Contract, you have the right:

   • a) to defect removal by delivery of new defect-free Goods or missing parts;

   • b) to defect removal by repair of the Goods;

   • c) to a reasonable discount on the Price;

   • d) to withdraw from the Contract.

5. If the defective performance is a non-material breach of the Contract, you have the right:

   • a) to defect removal by delivery of new Goods or missing parts;

   • b) to defect removal by repair of the Goods;

   • c) to a reasonable discount on the Price.

6. In cases of material and non-material breach, you cannot withdraw from the Contract nor demand delivery of a new item if you cannot return the Goods in the condition in which you received them, with standard statutory exceptions (e.g., condition changed as a result of inspection, or Goods used prior to discovery of the defect).

7. We will process claims without undue delay, no later than 30 days from receipt (unless a longer period is agreed upon).

8. If you are a consumer, you have the right to exercise rights from defective performance for defects occurring in consumer Goods within a period of 24 months from receipt of Goods.

9. If you are a business entity / B2B buyer, it is your duty to notify and claim defects without undue delay after discovering them, but no later than within three days of taking delivery of the Goods.

10. Provisions regarding defect rights do not apply to:

    • a) Goods sold at a lower Price for the defect for which the lower Price was agreed;

    • b) wear and tear caused by normal use;

    • c) used Goods for defects corresponding to the degree of use or wear when received;

    • d) where it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract terminates the contractual relationship between Us and You from its beginning.

2. If you are a consumer (purchasing outside the scope of business activity), you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods.

3. You can withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our contact details).

4. As a consumer, you cannot withdraw from Contracts in cases defined by law, including:

   • Goods custom-made or customized according to your wishes / personalized;

   • Goods subject to rapid deterioration or sealed goods unsealed for hygiene reasons;

   • Digital content delivered non-physically with prior explicit consent.

5. In case of withdrawal, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was received, or an account chosen by you. However, the amount will not be refunded before you return the Goods to Us or prove that they have been sent back.

6. Upon withdrawal under Article VIII.2, you are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us.

7. You are liable to Us for damage in cases where Goods are damaged as a result of handling them differently than necessary considering their nature and properties.

8. We are entitled to withdraw from the Contract at any time before delivering the Goods if objective reasons exist making delivery impossible. If you purchase Goods as a business entity (B2B), we are entitled to withdraw from the Contract at any time without stating a reason.

IX. DISPUTE RESOLUTION

1. Consumer complaints are handled via our electronic address: info@flashstrike.cz.

2. Out-of-court settlement of consumer disputes arising from the Contract falls under the jurisdiction of the relevant authority (e.g., the Czech Trade Inspection Authority - Česká obchodní inspekce, website: www.coi.cz). The European online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and a consumer.

X. FINAL PROVISIONS

1. If our legal relationship contains an international element, the relationship will always be governed by the laws of the Czech Republic. If you are a consumer, statutory rights under mandatory consumer regulations of your residence country remain unaffected.

2. All written correspondence will be delivered electronically. Our email address is listed in Our identification details.

3. The Contract can only be amended based on our written agreement. We are, however, entitled to amend these Terms for future purchases.

4. In cases of force majeure (natural disaster, pandemic, operational disruptions, sub-supplier failures, etc.), we bear no liability for damage caused as a result of force majeure.

5. The Contract including the Terms is archived in electronic form with Us but is not publicly accessible. However, you will always receive these Terms and Order confirmation via email.

6. These Terms take effect on January 1, 2023