GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter „Terms and Conditions“) apply to contracts concluded through the online VUCH store located on the web interface https://www.vuch.cz/ (hereinafter „Web interface“) between
Vuch s.r.o., based at Tovární 1112, Chrudim IV, 537 01 Chrudim,
Registration number: 04522150,
Tax registration number: CZ04522150
Registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Index 36028
Mailing address: Tovární 1112, Chrudim IV, 537 01 Chrudim
Contact e-mail: firstname.lastname@example.org
and you as a buyer
- Summary of the content of the terms and conditions
By the purchase contract, we undertake to deliver the goods specified in the order, and you undertake to accept the goods and pay us the purchase price. In order to conclude the contract, you need to place an order and have it accepted by us (according to Article 2). Information on prices can be found in Article 3. Possible methods of payment and delivery options can be found in Articles 4 and 5. Information on the possibility of withdrawal from the contract after receiving the goods are in Article 6. Complaints are governed by our Complaints procedure.
- Is this a consumer contract?
It is a consumer contract if you are a consumer, meaning if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions.
- What governs our mutual rights and obligations?
First of all, the contract, which includes the following documents:
- these terms and conditions, which define our mutual rights and obligations;
- Complaints procedure, which we will follow during the claim process of goods.;
- conditions and instructions given on the web interface, especially when concluding the contract;
- your order and its acceptance from our side,
and in matters which are not regulated by the contract, our mutual rights and obligations are governed by Czech law, in particular by the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “ Civil Code“);
- Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your domicile or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by the Czech law . If you are a consumer and the law of your country of residence provides a level of consumer protection which is higher than the Czech law, then you are provided with this higher level of protection.
- How do you provide your confirmation with our terms and conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree with these terms and conditions.
- What else regarding the terms and conditions you should know?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, the provision that most closely resembles it shall apply instead. This does not affect the validity of other provisions.
We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they have arisen. Terms and conditions may only be amended or supplemented in writing.
- How do we conclude a purchase contract?
In order to conclude the contract, it is necessary to send the order in accordance with these terms and conditions and for the order to get accepted from our side. Please note that the presentation of the goods on our the web interface is of an informative nature and is not our proposal to conclude a contract within the meaning of § 1732 para. 2 of the Civil Code. .
- How to place an order?
You can always place an order via our web interface (by filling out the form) or in another way that we allow according to the information on the web interface. The order must contain all the information which are mentioned in the form.
Before sending the order via the order form, you will be notified to make a quick recapitulation of your order, including the final price (all taxes, duties and fees). As a part of the recap, you have the last chance to change the information you provided..
To place a binding order, press the "SEND ORDER" button. We consider all information provided in the binding order to be correct and complete . Inform us about any change immediately via phone or e-mail.
- Can you cancel or change an order that has already been sent?
You can cancel or change an order that we have not yet received via phone or e-mail. All orders we have already accepted are considered to be binding. Late cancellations or changes in your order are only possible if they are consulted and agreed upon with us. If any order which cannot be withdrawn according to the contract (in more detail in Article 6) is canceled, we are entitled to reimbursement of costs that we have already incurred in connection with the contract.
- How do you find out that we have received the order and when is the contract concluded?
We will inform you when we receive your order. Order receipt information is sent automatically and may mean that we have accepted the order at the same time (only i fit is explicitly stated in the message).
The purchase agreement is concluded whenever you receive your order acceptance which is sent via email address you provided in your order . If the order is not accepted, the contract is concluded the moment when you take over the ordered goods.
- Do you have the possibility to receive the contract in writing?
The documents forming the contract will be sent to you by e-mail or printed and sent to you by post at your request. When sending by post, we may ask you to reimburse the costs associated with it.
We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.
- Can the price on the web interface change?
If the price stated for the goods on the web interface or during the ordering process is no longer current, we will notify you immediately about the changes. However, received orders are not affected by any changes in price that occurred between the sending of the order and its acceptance from our side.
In the event that there is a clear technical error from our side when stating the price of the goods on the web interface or during ordering, we are not obliged to deliver the goods to you for this obviously incorrect price.
- Is it possible to combine different types of discounts from the price of goods?
Any discounts on the price of goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
- What payment methods do we accept?
Those are the methods which you can use in order to pay for your purchase:
- in cash: when accepting the goods pay cash on delivery or in person;
- pay online by card - before delivery
- transferring to our bank account - before delivery (further instructions will be provided to you in the order confirmation).
Other payment methods and any fees associated with some payment methods are listed on the web interface.
- When is the payment due?
When paying in cash, the price is payable upon delivery of the goods. In case you wish to use other payment method, you pay before delivery of the goods, the price has to be paid within five days of delivery of the order, the price is paid when the relevant amount is received to our bank account. If we do not receive the price at the due date, we reserve the right to withdraw from the contract..
- Can we request a deposit or prepayment?
Please note that in accordance with § 2119 par. 1 of the Civil Code, we are entitled to ask you to pay the full price of the goods (or deposit) before sending or handing over the goods.
- How do we issue receipts in connection with electronic sales records and tax documents?
By agreeing to these terms and conditions, you give us your consent to the issuance of a receipt pursuant to Act No. 112/2016 Coll., On the registration of sales, as amended, and the tax document in electronic form.
5. TERMS OF DELIVERY
- How do we send goods?
The methods of delivery of goods, including the costs for delivery of the goods are listed on the web interface. You can choose a specific method of delivery of goods when you place the order.
The final price will always be stated in the order, which will already be shown together with the delivery fee you choose.
- When can you expect the goods to be delivered?
The delivery time of goods always depends on their availability and on the chosen method of transport and payment. However, we cannot influence the delivery time of goods by external delivery companies. In case of problems related to the delivery time, contact us and we will solve the situation with the carrier.
We usually ship goods that are in stock within two working days after receiving your order (when sending the goods cash on delivery or in case of picking-up in person), or after receiving the payment to our account.
Goods that are not available in stock are shipped as soon as possible. We will inform you about the exact date.
Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, this fact is not considered a breach of the obligation to deliver the goods by us, nor a withdrawal from the contract from your side..
You acquire the right of ownership of the goods at the time of payment of the full purchase price.
- How to proceed when taking over the goods?
When receiving the goods, check the state of the packaging of the goods . If you find any deficiencies, immediately inform the carrier and us. If you refuse to accept a delivery with damaged packaging, it is not considered to be an unreasonable refusal of the goods.
At the moment of taking over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the contract), the responsibility for accidental destruction, damage or loss of the goods passes immediately to you..
- What happens if you do not take over the goods?
If, for any reason from your side, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery..
In case you do not accept the goods unreasonably, we are entitled to reimbursement of the costs associated with the delivery of the goods and their storage , as well as other costs we incur due to the non-acceptance of the goods..
In the case of payment in cash when sending goods cash on delivery or personal pick-up, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the self-help sale of goods according to § 2126 of the Civil Code.
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- How can you withdraw from the contract?
As a consumer, you can withdraw from the purchase contract without giving a reason within 30 days from receiving the goods ; if the delivery is divided into several parts, from the date of receiving the last delivery. We recommend sending a notice of withdrawal from the purchase contract to our address together with the goods or to inform us via e-mail and immediately afterwards sending the goods to our delivery address. You can use the an example of form to withdraw from the contract.
- What are the consequences of the contract withdrawal?
Withdrawal from the contract terminates the contract from the beginning and treats it as if it had never been concluded.
If a gift has been provided to you together with the goods with your consent, the gift contract shall cease to be effective upon withdrawal from the contract by either party. Send the gift back to us together with the returned goods.
- How do you return the goods back to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any of our shops or to the address of our registered office. Do not send us the goods as cash on delivery ; we are not required to accept it in this way.
We recommend enclosing with the returned goods:
- a copy of the delivery confirmation and invoice (if issued) or any other document proving the purchase of goods;
- written statement on withdrawal from the contract (fill our official form or otherwise) and the method that you wish to be refunded.
Failure to submit any of the above documents does not prevent the positive settlement of your withdrawal from the contract according to the legal conditions.
- When will you receive your money back?
We will return all received money to you within 14 days of withdrawal from the contract. However, please note that we are not required to refund you before you return the goods to us or you are able to prove that you have sent us the goods.
In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery we offer, we will refund the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery..
We will refund your money in the same way as we received it from you (unless you tell us otherwise within ten days of withdrawing from the contract and you will not incur any additional costs caused by this change) or in the way you request..
The costs associated with sending the returned goods back to our address are covered by you, in case the goods cannot be returned by regular mail due to their nature..
- What if the returned goods were damaged?
When sending, pack the goods in a suitable package so that it is not damaged or destroyed.
If we discover that the goods returned by you are damaged, worn, dirty or partially consumed, you are responsible for this reduction in the value of the goods..
- When is it not possible to withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from the following contracts, among others:
- about the delivery of goods that have been modified according to your wishes or for you as a person;
- on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery;
- on the delivery of goods in a closed package, which you have removed from the package and for hygienic reasons it is not possible to return anymore.
- When can we withdraw from the purchase agreement?
We reserve the right to withdraw from the contract in the following cases:
- we have not received the purchase price from you at the due date or you have not taken over the goods;
- goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) are not possible to deliver under the original conditions;
- performance becomes objectively impossible or illegal.
In case that any of the above occurs, we will inform you immediately of our withdrawal from the contract.
If you have already paid the whole or part of the purchase price, we will refund the amount which we received back to you within five days of withdrawal from the contract, non-cash method only. It will be refunded to the account you provide for this purpose or from which you made the payment.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular: the provisions of § 1914 to 1925, § 2099 to 2117 and, if you are a consumer, § 2158 to 2174 of the Civil Code). When applying the rights arising from defective performance, we will proceed in accordance with our Complaints procedure.
8. ADDITIONAL CONSUMER INFORMATION
- What authorizations do we have to perform our activities?
We are authorized to sell goods on the basis of a trade license. Our activity is not subject to any other permit.
- How do we handle complaints?
We handle any complaints via our contact e-mail. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority.
- What are your rights when a consumer dispute occurs?
If you are a consumer and a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - Department ADR, Štěpánská 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz; electronic contact: email@example.com; phone: +420 296 366 360) or on Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: firstname.lastname@example.org, phone: +420 495 215 266) for the out-of-court settlement of a consumer dispute. You can apply this right no later than 1 year from the day you first applied the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission to place a complaint about the goods or services you have purchased from us and to find an ADR entity. http://ec.europa.eu/consumers/odr/.
9. REGISTRATION ON THE WEB INTERFACE
- How can you register on the web interface?
A user account is created by registering via the registration form on the web interface. Keep user account details confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be true and complete. We may cancel an account where false or incomplete information was used without compensation . In case of changes in your data, we recommend to edit them immediately when the change occurs in your user account.
- What is a user account for?
Through a user account, you can primarily order goods, track orders and manage your user account. Any additional functions of the user account you may find are listed and explained on the web interface.
- When can we cancel your user account?
Please note that we have the right to cancel your user account without compensation if your account violates good morals, existing legislation or these terms and conditions.
10.GENERAL TERMS AND CONDITIONS Twisto payments a.s
Platba "Twisto" is provided by Twisto payments as, registration number: 01615165, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 19085, with its registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter "Twisto") on the basis of the assignment of a claim for payment of the total purchase price with extended maturity to Twisto, under the conditions set out in „General Terms and Conditions for Customer Service „TWISTO “.
By choosing the Twisto service, the buyer declares that he is independent and over the age of 18, and at the same time he/she is aware that the “Twisto” payment service is intended only for persons who meet the above requirements.
In case the Buyer decides to use the "Twisto" service mediated by the Seller and provided by Twisto, the Buyer is obliged to pay the payment (ie the total purchase price and delivery costs) within 14 days from the date when the goods or services were provided to the customer.
The purchase contract will be concluded by the completion of the order by the Buyer, receiving and accepting the order by the Seller (written confirmation sent by e-mail) and by payment of the ordered goods or services by the Buyer or by using the "Twisto" service. The buyer acknowledges that in case of using the "Twisto" service, this order is binding and does not serve as a reservation of goods or services.
The Buyer agrees that by choosing the Twisto service in the Merchant's shopping cart and after the subsequent approval of the application by Twisto, he/she accepts „General terms and conditions for customer service „TWISTO “.
11. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
- Is the content of the website protected by copyright?
The content of the websites placed on the web interface (texts including terms and conditions, photographs, images, logos, software and more) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access or distribution to photographs and texts placed on the web interface is prohibited.
Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.
- Responsibility and usage of the web interface
We are not responsible for errors caused by third party interventions on the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the function of the system or place an unreasonable burden on the system.
If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to compensate us for the damage that was demonstrably caused by your actions under this paragraph, in full.
Please note that accessing some links on the web interface you might leave the web interface and be redirected to third party websites.
These business conditions are valid and effective from 23.03.2020.