General Business Terms & Conditions
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
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
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
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,
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
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
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
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
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: firstname.lastname@example.org 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
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
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
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.
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.
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
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
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
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 email@example.com.
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
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
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 firstname.lastname@example.org,
telephone +420 702 097 226
In Kostelec nad Orlicí on