General Business Terms & Conditions
Company WEGSTR s.r.o.
Registered office Tyršova 2, 517 41 Kostelec nad Orlicí, Czech Republic
Company ID 05904595
VAT ID CZ05904595
A legal entity incorporated in the Commercial Register kept by the Regional Court in Hradec Králové, file No. C 39114, as from 10.03.2017.
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (the “GTC”) of WEGSTR s.r.o., registered office at Tyršova 2, 517 41 Kostelec nad Orlicí, Czech Republic, Company ID 05904595, VAT ID CZ05904595, incorporated in the Commercial Register (the “Seller”), govern the mutual rights and obligations of the Parties arising in connection with or on the basis of the purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural or legal person (the “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the address www.wegstr.com through the web interface (the "Store Web Interface").
1.2. These General Terms and Conditions also govern the rights and obligations of the Parties in the use of the Seller’s website www.wegstr.com (the “Website”) and other related legal relations.
1.3. Provisions derogating from the GTC may be agreed on in the Purchase Contract. Such derogating provision contained in the Purchase Contract will prevail over the provisions of the GTC.
1.4. The provisions of the GTC are integral part of the Purchase Contract. The Purchase Contract and the GTC are drawn up either in Czech or English (as required by the Buyer).
1.5. The wording of the GTC may be change or supplemented by the Seller. This provision will not affect the rights and obligations which arose during the effective period of the previous version of the GTC.
2. USER ACCOUNT
2.1. Upon registration of the Buyer on the Website, the Buyer can access their user interface. From the user interface, the Buyer can order goods (the "User Account"). In the event that the Store Web Interface allows so, the Buyer may place orders also without registration directly via the Store Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer must provide correct and true information. Information provided in the User Account may be changed or updated by the Buyer at any time. Information provided by the Buyer in the User Account and when ordering goods is considered correct and valid by the Seller.
2.3. Access to the User Account is secured by user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account and acknowledges that the Seller is not responsible for breach of this obligation by the Buyer.
2.4. The Buyer may not allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account especially if the Buyer has not used the User Account for more than 12 months or if the Buyer has breached their obligations under the Purchase Contract (including the GTC).
2.6. The Buyer acknowledges that the User Account may not be available at all times, especially with regard to necessary maintenance of hardware and software of the Seller or of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Store Web Interface contains a list of goods offered for sale by the Seller, including the prices of individual goods. The prices of goods include VAT and all related charges. The offer of goods and the prices remain in force as long as they are displayed on the Store Web Interface. This provision does not limit the Seller's option to conclude the Purchase Contract under individually negotiated conditions.
3.2. The Store Web Interface also contains information on the costs associated with packaging and delivery of the goods. Information on the costs associated with packaging and delivery of the goods shown on the Store Web Interface apply only if the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the Buyer must fill out the order form on the Store Web Interface. The order form contains, in particular, information about:
3.3.1. Ordered goods (the Buyer “places” ordered goods into the electronic shopping cart on the Store Web Interface);
3.3.2. Method of payment of the purchase price of goods, details of the selected method of delivery of the goods ordered; and
3.3.3 Information on the costs associated with delivery of the goods (collectively the "Order").
3.4. Prior to sending the Order to the Seller, the Buyer may check and modify information filled out in the order form, among other things, in order to detect and correct errors made during entering data in the order form. The Buyer sends the Order to the Seller by clicking "Submit order and pay". The data specified in the Order by the Seller is deemed correct. Immediately upon receipt of the Order, the Seller will confirm receipt of the Order to the Buyer by an e-mail sent to the e-mail address specified in the Order or in the user interface (the "Buyer's E-mail Address").
3.5. The Seller is entitled to, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), ask the Buyer for additional confirmation of the Order (e.g., in writing or by telephone).
3.6. The Seller will immediately confirm the receipt of the Buyer's complete order by e-mail. Upon this, the Parties have entered into the Purchase Contract.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially with persons who had previously materially breached their contractual obligations against the Seller. In such a case, the Seller will notify the Buyer thereof within three working days of receiving the Order, and the Purchase Contract will not be considered concluded.
3.8. The Buyer agrees to the use of means of distance communication in concluding the Purchase Contract. The costs incurred by the Buyer in association with using means of distance communication in connection with concluding the Purchase Contract (cost of internet connection, telephone costs) will be borne by the Buyer.
4. PRICE AND PAYMENT TERMS
4.1. The price of goods and any costs associated with the delivery of goods according to the Purchase Contract may be paid to the Seller in the following ways:
- by wire transfer to one of the Seller's bank accounts No. 115-4227750277/0100 (CZK), No. 123-3008090227/0100 (EUR), No. 123-3008610237/0100 (USD), all kept by Komerční banka a.s. (the “Seller’s Bank Account”);
- by wire transfer via PayPal;
- by wire transfer by a payment card through a payment gateway;
- in cash directly
at the Seller.
4.2. Together with the purchase price, the Buyer will pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price will include costs associated with the delivery of goods.
4.3. In the case of payment in cash or cash on delivery, the purchase price will be payable upon acceptance of the goods. In the case of wire transfer, the purchase price will be payable within 14 days from the conclusion of the Purchase Contract.
4.4. In the case of wire transfer, the Buyer will pay the purchase price while indicating the variable symbol of the payment. In the case of wire transfer, the obligation of the Buyer to the pay the purchase price will be deemed fulfilled upon crediting the amount to the Seller's Bank Account.
4.5. The Seller will be entitled, especially if the Buyer fails to provide additional confirmation of the Order (section 3.5), to require payment of the full purchase price prior to dispatching the goods to the Buyer.
4.6. Any discounts on the price of goods provided by the Seller to the Buyer may not be combined.
4.7. If it is customary in trade relations or if so stipulated by generally binding legal regulations, the Seller will issue to the Buyer a tax document (invoice) for payments made under the Purchase Contract. The Seller is a payer of value added tax. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent in printed or electronic form to the Buyer's address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer-consumer has the right to withdraw from the contract within 14 days of accepting the goods without stating a reason. It is recommended that this fact (withdrawal) is communicated to the Seller in writing to the address: WEGSTR s.r.o., Tyršova 2, Kostelec nad Orlicí, Czech Republic, or electronically to: email@example.com or by another clear communication. The Buyer who withdraws from the Purchase Contract is obliged to send or hand over the unused and undamaged goods to the Seller within 14 days of withdrawing from the Purchase Contract. The goods can be sent to the above address of the Seller's premises or delivered personally to the Seller at that address. The costs of delivery of the goods back to the Seller will be borne by the Buyer. The financial amount for the returned goods, including the costs of delivering the goods to the Buyer, if charged, will be returned to the Buyer without undue delay, not later than 14 days after withdrawal from the Purchase Contract, in the same method as the amount was received. If the Buyer choose a method other than the cheapest method of delivery of the goods offered by the Seller, the Seller will refund the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
In the event that a dispute arises between the Seller and the Buyer arising from the Purchase Contract or from a contract for provision of services, which cannot be resolved amicably, the Buyer may submit a proposal for an out-of-court settlement of such a dispute to the designated authority, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Section, address:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
110 00 Prague 1
6. Delivery of goods
The delivery period starts from the date of conclusion of the Purchase Contract. If the goods are in stock, the Seller will dispatch the goods or hand them over to a carrier within 5 working days. The delivery period will be extended proportionately to the circumstances if a delay is caused by force majeure or circumstances beyond the control of the Seller.
If the ordered goods are not in stock or cannot be handed over to a carrier within 5 days, the Seller will notify the Buyer of the expected delivery date at least 24 hours in advance. The delivery period is considered to have been met if the goods are available for collection by the Buyer at the agreed place no later than the last day of the agreed or additionally agreed delivery period.
The maximum delivery period is 30 days from the conclusion of the Purchase Contract. If the Seller is in delay in handing over the goods, the Buyer may withdraw from the Purchase Contract, provided the Seller has failed to fulfil their obligation even within an additional reasonable period provided by the Buyer. The Buyer may withdraw from the Purchase Contract without an additional period only if the Seller has refused to perform their obligations or if the performance of the Seller’s obligations must be fulfilled within the specified time with regard to the circumstances of the conclusion of the Purchase Contract or if the Buyer had informed the Seller before the conclusion of the Purchase Contract that delivery at a certain time is necessary.
The Seller will return to the Buyer without undue delay, but no later than 14 days after the withdrawal from the Purchase Contract, all amounts provided by the Buyer under the Purchase Contract. The amounts will be refunded only after the Seller has received the goods back or after the Seller has received a proof of shipment.
In the event that it is necessary to repeat delivery or change the method of delivery to another method than as set out in the Order due to a reason on the part of the Buyer, the Buyer will pay the costs associated with such repeated delivery of goods or changed method of delivery.
The Buyer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and, in case of any defects, notify the carrier thereof as soon as possible (we recommend doing so no later than the next working day after receiving the shipment). If the Buyer discovers a defect in the goods after unpacking the undamaged packaging, we recommend contacting the Seller as soon as possible (ideally no later than the next working day after receiving the shipment). In case it is found out the packaging of the goods show signs of unauthorized interference with the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment package containing the goods is intact.
In the event that the Buyer does not take over the shipment within 7 calendar days at the latest from the date on which they are invited to do so in writing by the Seller, the Seller is entitled to withdraw from the Purchase Contract. In the event that it is necessary to repeat delivery or change the method of delivery to another method than as set out in the Order due to a reason on the part of the Buyer, the Buyer will pay the costs associated with such repeated delivery of goods or changed method of delivery.
Other rights and obligations of the Parties in the transport of goods may be governed by special delivery terms and conditions of the Seller, if issued by the Seller.
7. Rights from defective performance – complaints
The Seller is liable to the Buyer for the fact that the goods are in accordance with the Purchase Contract and free of defects upon takeover by the Buyer. In particular, the Seller is liable to the Buyer for the fact that the goods correspond to the agreed description, type, quantity, quality, functionality, compatibility and other agreed properties, are suitable for the purpose as required by the Buyer and as agreed by the Seller, and are delivered with the agreed accessories and instructions for use, including assembly or installation instructions. The Seller guarantees to the Buyer that, in addition to the agreed properties, a) the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, and technical standards; b) the goods correspond to the usual characteristics of goods of the same type that the Buyer can reasonably expect in terms of quantity, quality and other properties, including durability, functionality, compatibility, and safety; c) the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect; d) and the goods correspond to the sample or template that the Seller had provided to the Buyer prior to conclusion of the Purchase Contract in terms of quantity of craftsmanship.
The above does not apply in the event that the Seller separately warned the Buyer before concluding the Purchase Contract that some properties of the goods differ and the Buyer has expressly agreed to this when concluding the Purchase Contract. The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation, which was carried out by the Seller or under their liability according to the Purchase Contract. This also applies if assembly or installation was carried out by the Buyer and the defect occurred due to a deficiency in the instructions provided by the Seller.
The rights and obligations of the Parties regarding rights from defective performance are governed by relevant generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code and, in relation to consumers, Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer may claim a defect that appears in the goods within two years of receipt of the goods. If a defect occurs within one year of receipt of the goods, the goods will be considered defective already upon receipt. This period does not run for the period during which the Buyer may not use the goods, provided the Buyer’s claim was legitimate.
If the goods have a defect, the Buyer may request its removal. At their own discretion, the Buyer may demand delivery of replacement goods free of defects or repair of the goods, unless the selected method of removing the defect is impossible or disproportionately expensive; this is assessed, in particular, with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in another way without significant difficulties on the part of the Buyer.
In the case of exercising the right to remove the defect by repairing the goods, the Buyer has the right to free-of-charge, timely, and proper removal of defect. The Seller is obliged to remove the claimed defect without undue delay, but not later than within 30 calendar days from the date of exercise of the claim, and to inform the buyer of the resolution of the claim within the same period. Defects that can be removed without affecting the appearance, function and quality of the goods are considered removable defects.
If it is not unreasonable due to the nature of the defect, the Buyer may request a replacement of the goods. If replacement of goods is not possible, the Buyer can withdraw from the Purchase Contract or demand a reasonable discount on the price of the goods.
In the case of a removable defect, the Buyer has the right to replacement of the goods or to withdraw from the Purchase Contract, provided the Customer cannot properly use the goods due to the reoccurrence of the removable defect after repair or due to a larger number of removable defects. Reoccurrence of a defect after repair occurs if the same defect, which has already been removed at least twice during the warranty period, occurs for a third time. A product suffers from a large number of defects if it has at least three removable defects at the time of the claim.
In the event of a removable defect, the Buyer has the right to replacement of the goods or, in the case of a substantial breach of the Purchase Contract, to withdraw from the Purchase Contract, if the claim has not been settled within 30 calendar days from the date of its exercise and the Buyer has not been informed of its resolution and there has been no other agreement on the period of the settlement of the claim.
The Buyer may demand a reasonable discount or withdraw from the Purchase Contract if a) the Seller refused to remove the defect or did not remove the defect in accordance with the previous paragraphs; b) if the defect occurs repeatedly; c) if the defect is a material breach of the Purchase Contract; or d) if it is clear from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties on the part of the Buyer.
The reasonable discount is calculated as the difference between the value of the defect-free goods and the defective goods received by the Buyer.
The Buyer may not withdraw from the Purchase Contract if the defect is insignificant. It is generally assumed (until proven otherwise) that a defect is not insignificant.
A removable defect is considered to be a defect that cannot be removed or the removal of which is not expedient in view of the all relevant circumstances.
If the defect is a non-removable defect that prevents the proper use of the goods as defect-free goods, the Buyer has the right to:
a) demand replacement of the goods for defect-free goods; or
b) withdraw from the Purchase Contract.
In the event that the nature of the non-removable defect does not prevent the proper use of the goods and the Buyer does not demand replacement of the goods, the Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the Purchase contract.
If the defect is a non-removable defect that prevents the proper use of the goods as defect-free goods, the Buyer has the right, unless the law provides otherwise, to demand replacement of the goods or withdraw from the Purchase Contract.
The reasonable discount is calculated as the difference between the value of the defect-free goods and the defective goods received by the Buyer.
If the Buyer discovers a defect upon taking over the
goods, they are obliged to inform the Seller thereof without undue delay after
discovery. Claims must be made without undue delay as soon as the defect is
discovered. Any delay by the continued use of defective goods may cause the
defect to worsen, the goods to deteriorate and may be the reason for the
rejection of the claim. The Buyer may file a claim in person at the Seller’s
premises at Tyršova 2, Kostelec nad Orlicí, Czech Republic, where a person
authorized to handle claims is present. It is also possible to file a claim by
telephone, e-mail, post service or in another way to/at the address or contact
details of the premises (registered office).
In order to file a claim, the Buyer must provide the goods in complete condition, and it is recommended to also state the date of delivery of the goods, name of the goods, claimed quantity, description of the defect, and a proposal for settling the claim. The Seller is obliged to reply to the claim at once; in complex cases within three working days. The claim will be processed without undue delay, but not later than 30 days from the date of the claim. The Seller must inform the Buyer of the outcome of the claim procedure within the same period.
the exception of cases where another person is appointed to carry out the
repair, the Seller is obliged to accept the claim at their premises. The Seller
is obliged to issue a written confirmation to the Buyer upon filing a
complaint, in which the Seller states the date when the Buyer filed the claim,
contents of the claim, method of resolution of the claim as required by the
Buyer, and the Buyer's contact details for the purpose of providing information
about the resolution of the claim. This obligation also applies to other persons
designated to carry out the repair.
The Buyer has the right to reimbursement of purposefully incurred costs associated with the exercise of a justified claim.
After the resolution of the claim, the Buyer is obliged to take over the goods without undue delay, but not later than 30 days from the day on which the Buyer was informed of the resolution.
If the Buyer, who is default in taking over the goods, requests its re-shipment of the goods, the Seller is obliged to send the goods to the Buyer only on the condition that all costs related to the shipment are reimbursed by the Buyer in advance.
The legal regulation for out-of-court settlement of consumer disputes is contained, in particular, in Section 20d et seq. the Consumer Protection Act.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or partially consumed, the Seller may claim damages incurred.
If a gift was provided along with goods, the gift contract between the Buyer and the Seller will be deemed concluded with a resolutive condition that in the event the Purchase Contract is terminated by the Buyer, the gift contract will become void and null and the Buyer will return the gift along with the goods to the Seller.
The Buyer's rights resulting from the Seller's liability for defects, including the Seller's warranty liability, may be exercised by the Buyer at the Seller's address at Tyršova 2, 517 41 Kostelec nad Orlicí, Czech Republic or at the e-mail address firstname.lastname@example.org. As the time of exercise of the claim will be deemed the time when the Seller received the claimed goods from the Buyer.
8. Order cancellation
Order cancellation is possible based on agreement
between the Seller and the Buyer.
In the event that the Buyer decides to cancel the purchase of goods (at the time before the goods are handed over by the Seller to a carrier), the Buyer must inform the Seller thereof at once by telephone or e-mail.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The Buyer acquires ownership of the goods upon paying the entire purchase price.
The Buyer acknowledges that the software and other components of the Store Web Interface (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to engage in any activity that could allow it or third persons to unlawfully interfere with or use the software or other components of the Store Web Interface.
When using the Store Web Interface, the Buyer may not use mechanisms, software or other procedures that could have a negative effect on the operation of the Store Web Interface. The Store Web Interface can only be used to the extent that it does not harm the rights of other customers of the Seller and that is in accordance with its purpose.
The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1820 of the Civil Code.
10. PRIVACY NOTICE
The Seller declares that the protection of the personal data of the Buyer, who is a natural person, is provided by the Seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), and in accordance with other applicable legal regulations. Detailed information on the processing and protection of the Buyer's personal data by the Seller is available here.
The Buyer acknowledges that it is obligated to state (upon registration, in the User Account, in the Order placed via the Store Web Interface) only correct and truthful data and that it is obliged to inform the Seller of its change without undue delay.
The Buyer agrees that the personal data provided is accurate and that it is provided voluntarily.
Unless agreed otherwise or if no other form is permitted by law, all correspondence related to the Purchase Contract must be delivered to the other Party in writing, by electronic mail, in person or by registered mail via a postal service operator (at the sender's choice). The Buyer is delivered correspondence to the e-mail address specified in their User Account.
12. FINAL PROVISIONS
These GTC apply as published on the Seller's Website as of the day of placement of the electronic order, unless agreed otherwise in writing between the Parties. In the case of a permanent contractual relationship (if a framework purchase contract is concluded in writing) with the Buyer, the Buyer has the right to withdraw from the contract if there is a substantial change in the conditions after signing the contract. Any orders placed after the date of change of the conditions will be considered the Buyer’s approval of the change. The withdrawal is effective upon delivery of the notice to the Seller, excluding any orders already handed over to a carrier. By placing an electronic order, the Buyer unreservedly accepts all provisions of the GTC in the wording valid on the day the order is placed, as well as the price of the ordered goods (including possibly shipping and transport costs) indicated in the price list on the Website valid on the day the order is sent, provided the Parties have agreed otherwise in a specific case. The Seller will send the GTC to the Buyer's contact e-mail address immediately after concluding the Purchase Contract. The Buyer is irrevocably bound by the placed order for the period specified for the delivery of the goods. The Parties have expressly agreed that, unless expressly stipulated otherwise herein, their rights and obligations are governed by Act No. 89/2012 Coll.
Individual Purchase Contracts are stored with the Seller in electronic form. The Buyer will receive the text of the Purchase Contract, which they are a Party to, without undue delay after the conclusion of the Purchase Contract to the e-mail indicated by the Buyer. The Buyer will also receive the Seller's GTC by e-mail within the same period. Furthermore, the Seller will provide the Buyer with the full text of the Purchase Contract, including the GTC, upon the Buyer’s request.
Should the relationship related to use of the Website or the legal relationship established by the Purchase Contract contain an international (foreign) element, then the Parties agree that such a relationship will be governed by Czech law, excluding conflict of laws rules.
The Seller is entitled to sell goods on the basis of a trade certificate, which activity is not subject to any other permission.
Invalidity or unenforceability of any provision of these GTC will not affect the validity of the remaining provisions.
Contact details of the Seller WEGSTR s.r.o., Tyršova 2, 517 41 Kostelec nad Orlicí, Czech Republic, e-mail address email@example.com, telephone +420 702 097 226
In Kostelec nad Orlicí on 01.01.2023