The GARED Company s.r.o.
1. INTRODUCTORY PROVISION
- 1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of GARED s. r. o., place of business Družstevní 278, 51701 Solnice, identification number: 28819446, registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 29329 (hereinafter referred to as "Seller") regulate in soul class="gared fntb "adu with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.gared.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
- 1.2. The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession.
- 1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms
- 1.4. provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
- 1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
- 2.1. Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
- 2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
- 2.3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
- 2.4. The Buyer is not entitled to allow third parties to use the user account.
- 2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
- 2.6.The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
- 3.1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
- 3.2. The web interface contains information about the goods. The prices of the goods are on request ( 21% VAT will be added to the price ). This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
- 3.3. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
- 3.4. Information about the costs associated with the packaging and delivery of goods outside the Czech Republic, including the choice of carrier, will always be dealt with individually with the buyer
- 3.5. To order goods, the buyer fills out an order form, which contains in particular information about:
* 3.5.1. the ordered goods
* 3.5.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
* 3.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
- 3.6. The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
- 3.7. The Seller is always entitled, depending on changes in the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
- 3.8. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
- 3.9. The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
- 3.10. The prices of the goods are quoted in Czech crowns excluding value added tax and all related charges (21% VAT will be added to the price). The Seller reserves the right to change the price in the event of a change in the price of money exchange rates, a significant increase in inflation or in the event of significant changes in the supply conditions of manufacturers and other suppliers of goods. In the event that the Seller notifies the Buyer of a price higher than that stated in the order, the Buyer may accept the new price or, in the event of disagreement, withdraw from the contract.
- 3.11. The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
* cash on delivery at the place specified by the buyer in the order;
* by wire transfer to the Seller's account No. 43-9989300267/0100, maintained at Komerční banka a. s. (hereinafter referred to as the "Seller's account");
* by wire transfer to the Seller's account No. 43-9989300267/0100, maintained at Komerční banka a. s. (hereinafter referred to as the "Seller's account");
* in case of foreign payment in EUR to the Seller's account No. 107-6151950297/0100 IBAN: CZ3601000001076151950297 SWIFT: KOMBCZPPXXX
* in case of foreign payment in USD to the Seller's account No. 115-0287720207/0100 IBAN: CZ5901000001150287720207 SWIFT: KOMBCZPPXXX
- 3.12. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
- 3.13. This is without prejudice to the provisions of Article 3.14 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- 3.14. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
- 3.15. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
- 3.16. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
- 3.17. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- 3.18. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, 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 payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address or together with the goods.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
- 4.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.
- 4.2. Unless the case referred to in Article 4.1 or any other case in which the purchase contract cannot be withdrawn from, the purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form class="gared fntb "ár provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.
- 4.3 In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
- 4.4. In the event of withdrawal from the Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
- 4.5. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price
- 4.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
- 4.7. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
5. DELIVERY TIME
- 5.1. Purchaser orders are processed by the Supplier in the order in which they are received. The delivery time of the goods is usually 3 to 6 weeks and in the case of piece production up to 8 weeks from the confirmation of the Buyer's order by the Supplier. The Supplier is entitled to deliver the ordered goods to the Buyer at an earlier date. The Supplier is entitled to extend the delivery time for operational reasons. The Supplier is obliged to inform the Buyer immediately of any such extension of the delivery period. If the Buyer does not agree with the extension of the delivery time, he is entitled to withdraw from the contract and confirm this in writing.
6. TRANSPORT AND DELIVERY OF GOODS
- 6.1. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
- 6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.
- 6.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
- 6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
- 6.5. Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the
7. RIGHTS FROM DEFECTIVE PERFORMANCE
- 7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- 7.2. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
* 7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
* 7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
* 7.2.4. the goods are in the appropriate quantity, measure or weight; and
* 7.2.5. the goods comply with the requirements of the legislation.
- 7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
- 7.4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
- 7.5. The Buyer shall assert the rights arising from defective performance at the Seller's registered office where the acceptance of the claim is possible with regard to the range of goods sold. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
- 7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- 8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- 8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
- 8.3. Out-of-court handling of consumer complaints is provided by the seller through the electronic address firstname.lastname@example.org. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.
- 8.4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
- 8.5. The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. OCHRANA OSOBNÍCH ÚDAJŮ
- 9.1. Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
- 9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
- 9.3. The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
- 9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
- 9.5. The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
- 9.6. Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- 9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
- 9.8. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
- 9.8.1. ask the seller or processor for an explanation,
- 9.8.2. require the seller or processor to remedy the situation.
- 9.9.If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
- 10.1.The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
- 10.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
- 11.1. The Buyer may be served at the Buyer's electronic address
12. FINAL PROVISIONS
- 12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
- 12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- 12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- 12.4. Seller's contact details: delivery address: GARED s. r. o., Družstevní 278, 517 01 Solnice, e-mail address:email@example.com.
Solnice, Czech Republic, 1.1.2022