General Business Terms & Conditions
Business company WEGSTR s.r.o.
Company address: Tyršova 2, Kostelec nad Orlicí, 517 41, Czech Republic.
Company Registration No. 05904595
Tax ID No. CZ05904595
The legal entity WEGSTR s.r.o. is inscribed and has been maintained in the Commercial Register since 10 March, 2017 at the Regional Court in Hradec Králové file no. C 39114, Czech Republic.
Under the Sales Records Act, the seller is required to issue a receipt to the purchaser. Concurrently, he is also required to register the received revenue with the Tax Office online; or, in the event of a technical failure, within 48 hours at the latest.
1.1. The following General Business Terms and Conditions (hereinafter "Business Terms and Conditions") of the company WEGSTR s.r.o., with registered office at Tyršova 2, Kostelec nad Orlicí, 517 41, Czech Republic, Registration No. 05904595, Tax ID No. CZ05904595, inscribed in the Commercial Register (hereinafter the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and any other natural or legal person (hereinafter the "Purchaser") through the Seller's internet store. The e-shop is operated by the Seller at www.wegstr.com through a web interface (hereinafter referred to as the "Website Interface”).
1.2. The Business Terms and Conditions also govern the rights and obligations of the parties when using the Seller's website located at www.wegstr.com (hereinafter the "Website") and other related legal relationships.
1.3. Provisions derogating from the Business Terms and Conditions may be negotiated in the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of the Business Terms and Conditions.
1.4. Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech or English (according to the Purchaser's wish).
1.5. The Seller may change or add to the wording of the Business Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. After having registered on the Website, Purchasers can access their user interface. From this user interface, (hereinafter the "User Account") the Purchaser can order goods. The web interface allows the Purchaser to also order goods directly from the website interface without registration.
2.2. When both registering on the website and ordering goods, the Purchaser is obliged to correctly and truthfully provide personal data corresponding to the data fields indicated on the website. The Purchaser is obliged to update the details of their account upon any change. Data provided by the Purchaser in the User Account and when ordering the goods is considered by the Seller to be correct.
2.3. Access to the User Account is secured by a user name and password. The Purchaser is required to maintain the confidentiality of this access his User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Purchaser.
2.4. The Purchaser is not authorized to allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Purchaser does not use his User Account for more than 12 months or if the Purchaser violates his obligations under the purchase agreement (including the Business Terms and Conditions).
2.6. The Purchaser notes that the User Account may not be accessible continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller or the necessary maintenance of hardware and software of third parties.
3. ENTERING INTO A PURCHASE AGREEMENT
3.1. The website interface includes a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the website interface. This provision does not limit the Seller's ability to conclude a purchase agreement under individually negotiated terms. All goods on offer in the website interface are non-binding and the Seller is not obliged to conclude a purchase contract for these goods.
3.2. The store's web interface also includes information on the cost of packaging and delivering goods.
3.3. To order the goods, the Purchaser completes the order form in the website interface. The order form contains, in particular, information about:
3.3.1. The goods ordered (done so by the Purchaser "placing" the goods into the electronic shopping cart of website interface),
3.3.2. The method of payment for the purchase price of the goods and data on the requested method of delivery of the ordered goods,
3.3.3. Information about the costs of delivery of the goods. These elements are to be collectively referred to as the "Order".
3.4. Before sending the Order to the Seller, the Purchaser has the opportunity to check and modify the data that the Purchaser has placed in the Order, in order to allow the Purchaser to identify and correct any errors that occurred when entering the data into the Order. The Order is sent by the Purchaser to the Seller by clicking on the "Confirm Order" button. The details given in the Order are assumed to be correct by the Seller. Upon receipt of the Order, the Seller will immediately acknowledge receipt of the order to the Purchaser by email to the Purchaser's email address as listed in the User Account or in the Order (hereinafter referred to as the "Purchaser's email").
3.5. The Seller is always entitled to ask the Purchaser for additional confirmation of the Order (for example, in writing or by phone), depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs).
3.6. The contractual relationship between the Seller and the Purchaser is established upon the delivery of the Order Received receipt (acceptance), which is sent to the Purchaser by email to the Purchaser's email address.
3.7. The Purchaser notes that the Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially violated their obligations towards the vendor.
3.8. The Purchaser agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred by the Purchaser in connection with the conclusion of the purchase contract when using remote means of communication (costs of internet connection, telephone call costs, etc.) are borne by the Purchaser.
4. THE PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The Purchaser may pay the Seller for the Order in any of the following ways:
- by bank transfer to the Seller's account No. 115-4227750277 / 0100, at
Komerční banka a.s., Czech Republic (hereinafter referred to as the "Seller’s
- by the PayPal payment system
- by credit card via payment gateway
- by cash transfer via Western Union
- in cash directly at the Seller's location
4.2. Together with the purchase price, the Purchaser is also required to pay the Seller the cost of postage and handling of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood to include shipping and handling costs of the goods.
4.3. In the case of payment by cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the Purchase Agreement being concluded.
4.4. In the case of non-cash payment, the Purchaser is required to include the indicated order number as a reference code in the payment transfer order. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount has been credited to the Seller's account.
4.5. The Seller is entitled, particularly in the event that the Purchaser does not confirm an Order (clause 3.5), to request payment of the full purchase price before the goods are dispatched to the Purchaser.
4.6. Any discounts on the price of goods provided by the Seller to the Purchaser cannot be combined.
4.7. As customary in the course of trade or stipulated by generally binding legal regulations, the Seller shall issue a sales and tax receipt to the purchaser in respect of payments made under the purchase contract. The Seller is a Value Added Tax payer. The sales and tax receipt is issued by the Seller to the purchaser upon receipt of the price of the goods and is sent in electronic form to the email address of the Purchaser.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Purchaser is aware that, in accordance with the provisions of Section 53 (8) of Act No. 40/1964 of the Czech Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, inter alia, to withdraw from a purchase agreement for the delivery of goods prepared according to the Purchaser's wishes, as well as goods that are subject to short shelf life, wear or obsolescence, a purchase agreement for the supply of audio and video recordings and computer programs, when the consumer has broken the seal of their original packaging and the purchase agreement for the delivery of newspapers, periodicals and magazines.
5.2. In cases not referred to in Article 5.1 or other cases where the purchase agreement cannot be terminated, the Purchaser, in accordance with Section 53 (7) of the Civil Code, has the right to withdraw from the Purchase Agreement within 14 days of receipt of the goods. The Seller must be given notice with respect to any withdrawal from the Purchase Agreement within 14 days of receipt of the goods. Withdrawal from the Purchase Agreement must be in written form, to the address of the Seller's office or to the email address of the Seller at firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Business Terms and Conditions, the Purchase Agreement is terminated from the outset. The goods must be returned to the Seller within 14 working days of giving notice of withdrawal to the Seller. The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
5.4. Within 15 days of the goods being returned by the Purchaser, in accordance with Article 5.3 of the Business Terms and Conditions, the Seller is entitled to review the returned goods, specifically to determine whether the returned goods are damaged, worn or partially consumed.
5.5. In the event of withdrawal under Article 5.2 of the Business Terms and Conditions, the Seller shall refund the amount provided by the Purchaser to the Seller within 10 days of the expiry of the period for reviewing the goods pursuant to Article 5.4 of the Business Terms and Conditions, but no later than 30 days after the delivery of the withdrawal from the Purchase Agreement by the Seller, to an account specified by the Purchaser. The Seller is also entitled to refund the purchase upon receipt of the goods from the Purchaser.
5.6. The Purchaser acknowledges that if the goods returned by the Purchaser are damaged, worn or partially consumed, the Seller is entitled to claim damages from the Purchaser. The Seller is entitled to determine and subtract the cost of these damages from the amount due to be refunded to the Purchaser.
5.7. Until receipt of the goods by the Purchaser, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall return the purchase price to the Purchaser without undue delay, without charge, to the account specified by the Purchaser.
5.8. If a gift is provided to the Purchaser together with the goods, a gift agreement between the Seller and the Purchaser is concluded under the condition that if the Purchaser withdraws from the Purchase Agreement, the gift agreement will terminate and the Purchaser is obliged to return the goods to the Seller including the gift provided.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the Seller, unless stipulated otherwise in the Purchase Agreement. If an alternative mode of transport is agreed by request of the Purchaser, the Purchaser bears the risk and any additional costs associated with this mode of transport.
6.2. If, for reasons arising from the Purchaser's situation, it becomes necessary to deliver the goods through repeated attempts or in a manner other than that stated in the Order, the Purchaser is obliged to pay the costs associated with this repeated delivery of the goods, or any costs associated with these unstipulated delivery methods.
6.3. Upon receipt of the goods from the transporter, the Purchaser is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the Purchaser is not required to take delivery of the consignment from the carrier. By signing the delivery note, the Purchaser confirms that the packaging of the consignment containing the goods was intact.
6.4. Other rights and obligations of the parties in the carriage of goods may be subject to special delivery terms for the Seller, if they are submitted.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's warranty, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. of the Civil Code).
7.2. The Seller is liable to the Purchaser for the fact that the item sold is in conformity with the Purchase Agreement, in particular that it is not defective. Conformity to a Purchase Agreement means that the item being sold has the quality and utility properties required by the contract, the Seller, the manufacturer or his agent described or the expected advertising, or the quality and utility of the kind of thing that is customary to comply with the requirements of the law, is in the appropriate quantity, degree or weight and corresponds to the purpose which the Seller states for the use of the item or for which the thing is usually used.
7.3. In the event that an item is not in compliance with the Purchase Agreement (hereinafter “discrepancy in the Purchase Agreement”), the Purchaser has the right to demand the Seller to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, either by replacing the item or by repairing it; if such a procedure is not possible, the Purchaser may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if, prior to receiving the item, the Purchaser was aware of the discrepancy in the Purchase Agreement or himself caused the discrepancy in Purchase Agreement.
7.4. With the exclusion of goods with a short shelf life or used goods, the Seller is responsible for any defects in goods as per the Purchase Agreement that are returned within the warranty period.
7.5. The Purchaser's rights deriving from the Seller's liability for defects, including the Seller's warranty, can be claimed by the Purchaser at the Seller's address at Tyršova 2, Kostelec nad Orlicí, 517 41 Czech Republic or at the email address of the Seller email@example.com. The official date of the complaint is registered as the date of receipt of the returned goods by the Seller from the Purchaser.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Purchaser acquires ownership of the goods by paying the full purchase price of the goods.
8.2. Purchaser acknowledges that the software and other components that make up the website interface (including photos of the offered goods) are protected by copyright. The Purchaser undertakes not to engage in any activity that could allow him or third parties to tamper with or illegally use the software or other components that comprise the website interface.
8.3. When using the website interface, The Purchaser is prohibited to use mechanisms, software, or other procedures that could negatively affect the operation of the website interface. The website interface may only be used to the extent that it is not at the expense of the rights of the other customers of the Seller and is in accordance with its intended purpose.
8.4. The Seller is not bound in his relation to the Purchaser by any Code of Conduct within the sense of Section 53a (1) of the Civil Code.
8.5. The Purchaser acknowledges that the Seller is not responsible for any errors resulting from third-party attacks on the Website or the use of the Website contrary to its intended use.
9. PROTECTION OF PERSONAL DATA AND ISSUANCE OF COMMERCIAL DOCUMENTS
9.1. The protection of the Purchaser's personal data, be he a physical person or legal entity, is provided by Act No. 101/2000 , On the Protection of Personal Data, as amended.
9.2. The Purchaser agrees to process these items of personal data: name and surname, company name, address, identification number, tax identification number, email address, telephone number (collectively referred to as "personal data").
9.3. The Purchaser consents to the processing of his personal data by the Seller for the purpose of fulfilling the rights and obligations of the Purchase Agreement, for the purpose of maintaining the Purchaser’s User Account and for the purpose of sending information and commercial communication to the Purchaser.
9.4. The Purchaser acknowledges that he is required to provide his personal data correctly and truthfully (when registering, in his User Account, when ordering from the website interface), and is obliged to inform the Seller without undue delay of any change to his personal data.
9.5. The Seller may entrust a third party as processor of the Purchaser’s personal data. With the exception of those companies contracted to ship the Purchaser’s Order, personal data will not be passed on by the Seller to third parties without the Purchaser's prior consent.
9.6. Personal data can be processed indefinitely. Personal data is processed in both electronic form in an automated manner and in a printed form in a non-automated manner.
9.7. The Purchaser confirms that the personal data provided are accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the Purchaser believes that the Seller or processor (Article 9.5) is using his or her personal data in a way which is contrary to the protection of the Purchaser's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for their intended use, he may:
9.8.1. request an explanation from the Seller or processor,
9.8.2. require the Seller or processor to remedy such a situation. In
particular, this may involve blocking, repairing, supplementing or disposing of
personal data. If the Purchaser's request as per the preceding sentence is
found to be justified, the Seller or processor shall immediately remedy the
defective condition. If the Seller or processor fails to comply with the
request, the Purchaser has the right to contact the Data Protection Authority
directly. This provision is without prejudice to the purchaser's right to
contact the Office for Personal Data Protection directly with his complaint.
9.9. If the Purchaser requests information on the processing of his personal data, the Seller is required to supply this information. When providing the aforementioned information, the Seller has the right to to request reasonable compensation not exceeding the costs necessary to provide the information.
10. SENDING BUSINESS DATA AND STORAGE OF COOKIES
10.1. The Purchaser agrees to the sending of information related to the Seller's goods, services, or business to the Purchaser's email address, and also consents to the sending of sales announcements and other promotional material to the Purchaser's email address.
10.2. The Purchaser consents to the storage of cookies on his computer. If the event that purchase on the website is possible and the Seller's obligations under the Purchase Agreement are fulfilled without the so-called cookies being stored on the purchaser's computer, the Purchaser may withdraw aforementioned consent at any time.
11. COMMUNICATION BETWEEN PARTIES
11.1. Unless agreed to otherwise, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by email, in person or by a registered postal service provider (at the option of the sender). The Purchaser will be addressed at the email address listed in his User Account.
12. FINAL PROVISIONS
12.1. All parties agree that any Purchase Agreement and any disputes associated with it are bound by Czech law. This does not affect the consumer's rights under generally binding legal regulations. In the event of a discrepancy between English and Czech versions of the Business Terms and Conditions, the Czech version is the legally binding version.
12.2. The Seller is authorized to sell the goods on the basis of a trade license and the activity of the Seller is not subject to any other authorization. Trade license monitoring is carried out within the scope of its competencies by the relevant Trade Licensing Office.
12.3. If any provision of the Business Terms and Conditions is invalid or inoperative, or similar occurs, the provision which is closest in meaning and intent will replace the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the Purchase Agreement or Business Terms and Conditions require being in written form.
12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. The Contact details of the Seller are: WEGSTR s.r.o. Tyršova 2, 517 41 Kostelec nad Orlicí, Czech Republic, email address firstname.lastname@example.org, phone +420 702 097 226
In Kostelec nad Orlicí on 02.10. 2017