Business Terms and Conditions
for the sale of goods via the online shop www.vacs-dustbags.uk
Valid from: March 1, 2021
Business/Corporation: VACS FACTORY s.r.o.
Address: Trstěnická 932, Litomyšl-Město, 570 01 Litomyšl, Czech Republic
Company ID No.: 03729435
Registered in the Commercial Register: CR Case No. C 34648 at the Hradec Králové Regional Court
Electronic mail address: firstname.lastname@example.org
(Hereafter the “Seller”)
1. Introductory Provisions
1.1. These, the Seller’s business terms and conditions (hereafter the “Business Conditions”), modify the mutual rights and responsibilities of the contractual parties that arise in conjunction with or on the basis of a sales contract (hereafter the “Sales Contract”) made between the seller and another natural person (hereafter “the Buyer”) via the Seller’s online shop in accordance with the provisions of Article 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended by later regulations (hereafter the “Civil Code”). The online shop is operated by the Seller at the website located at the internet address www.vacs-dustbags.uk (hereafter “the Website”) by means of the Website’s interface (hereafter the “Online Shop Interface”).
1.2. The Business Conditions do not relate to cases when an individual who intends to purchase goods from the Seller is a legal person or a person who is negotiating as part of their business activities or while independently engaging in their profession when ordering goods.
1.3. It is possible to negotiate provisions in the Sales Contract that differ from those in the Business Conditions. An agreement in the Sales Contract that is different takes priority over the provisions of the Business Conditions.
1.4. The provisions of these Business Conditions are an integral part of the Sales Contract.
1.5. The Seller can change or supplement the phrasing of the Business Conditions. The rights and responsibilities that arose during the period the previous version of the Business Conditions was in effect are not affected by these provisions.
2. User Account
2.1. The Buyer is able to proceed to their user interface contingent upon the Buyer’s registration on the Website. The Buyer can order goods from their user interface (hereafter the “User Account”). If the Online Shop Interface allows, the Buyer can also order goods directly from the Online Shop Interface without registering.
2.2. When registering on the Website and ordering goods, the Buyer is responsible for providing information correctly and truthfully. The Buyer is obliged to update the data listed in their User Account if this data changes in any way. The Seller will assume that the data given by the Buyer in their User Account and when ordering goods is correct.
2.3. Access to the User Account is secured by a user name and password. The Buyer is obliged to keep confidentiality regarding the information needed to access their User Account.
2.4. The Buyer is not authorized to enable a third party to use their User Account.
2.5. The Seller can deactivate the User Account, primarily if the Buyer does not use their User Account for more than 90 days or if the Buyer violates their responsibilities arising from the Sales Contract (including the Business Conditions).
2.6. The Buyer acknowledges that the User Account may not be continuously accessible, primarily as this concerns necessary maintenance of the Seller’s hardware and software or necessary maintenance of a third party’s hardware or software.
3. Entering into the Sales Contract
3.1. Any and all presentation of the goods located on the Online Shop Interface is informative in nature, and the Seller is not required to enter into a Sales Contract regarding these goods. The provisions of Article 1732(2) of the Civil Code will not be used.
3.2. The Online Shop Interface contains information about goods, including price listings for individual items and the costs for returning goods if the item cannot by its nature be returned via the standard postal route. The goods’ listed prices include VAT and all related fees. The goods’ prices are valid for the period of time that they are shown on the Online Shop Interface. These provisions do not prevent the Seller from having the option of entering into a Sales Contract under individually negotiated conditions.
3.3. The Online Shop Interface also contains information about costs linked to packing and delivering goods. The information on the costs linked to packing and delivering goods that is listed in the Online Shop Interface is valid only if the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills out the order form on the Online Shop Interface. The order form primarily contains information about:
3.4.1. the ordered goods (the Buyer adds the ordered goods to the electronic shopping cart on the Online Shop Interface),
3.4.2. the ways of paying the goods’ sales price, information about the requested means of delivery for the ordered goods, and
3.4.3. information about the costs linked to the goods’ delivery (hereafter together called the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is able to check and change the information the Buyer has entered into the Order, including information concerning the Buyer’s option to determine and correct mistakes that may have resulted when data was being entered into the Order. The Buyer sends the Order to the Seller by clicking on the “Submit order” button. The information listed in the Order is considered by the Seller to be correct. Immediately after receiving the Order, the Seller sends the Buyer a confirmation of its receipt to the Buyer’s electronic mail address listed in the User Account or in the Order (hereafter the “Buyer’s Electronic Mail Address”) by electronic mail.
3.6. In conjunction with the nature of the Order (the quantity of goods, the amount of the sales price, the assumed delivery costs), the Seller always has the right to ask the Buyer for additional confirmation of the Order (in writing or by telephone, for example).
3.7. The contractual relationship between the Seller and the Buyer arises via a confirmation of the Order’s arrival (acceptance), which is sent by the Seller to the Buyer via electronic mail to their Electronic Mail Address.
3.8. The Buyer agrees to use remote means of communication to enter into the Sales Contract. The costs incurred by the Buyer when using the remote means of communication in conjunction with entering into the Sales Contract (costs for internet connection, costs for telephone conversations) are covered by the Buyer on their own when these costs do not differ from standard rates.
4. Pricing and Payment Terms and Conditions
4.1. According to the Sales Contract, the Buyer can pay the Seller the price of the goods and eventual costs linked to delivering the goods by the means offered by the Seller on the Online Shop Interface.
4.2. Together with the sales price, the Buyer is also required to pay the Seller costs linked to packing and delivering the goods in the contractual amount. If it is not explicitly listed otherwise, the sales price is also understood to include costs associated with the goods’ delivery.
4.3. The Seller does not request a deposit or other similar payment from the Buyer. The provisions of Section 4.6 of the Business Conditions regarding the responsibility to pay the goods’ sales price in advance is not affected by this.
4.4. In the case of cash payment or COD payment, the sales price is payable upon receipt of the goods. In the case of non-cash payment, the sales price is due within 5 days of entering into the Sales Contract.
4.5. In the case of non-cash payment, the Buyer is obliged to list the payment’s variable symbol (transaction ID no.) at the same time as they pay the goods’ sales price. In the case of non-cash payment, the Buyer’s obligation to pay the sales price is fulfilled at the moment the respective amount is credited to the Seller’s account.
4.6. The Seller has the right, primarily if the Buyer does not give an additional confirmation of the order (Section 3.6), to request the payment of the entire sales price before sending the goods to the Buyer. Article 2119(1) of the Civil Code will not be used.
4.7. Any possible discounts on the prices of goods provided by the Seller to the Buyer cannot be used in combination with each another.
4.8. If it is a common trade practice or if it is generally established by binding legal regulations, the Seller will issue the Buyer a tax document/invoice for payments conducted on the basis of the Sales Contract. The Seller will issue the Buyer a tax document/invoice after the goods’ price has been paid and will send it electronically to the Buyer’s Electronic Mail Address.
4.9. According to the Act on Registration of Sales, the Seller is required to issue the Buyer a receipt. At the same time, they are required to provide online evidence of the accepted sale to the tax authorities – in the case of technical difficulties, then this must be within 48 hours at the latest.
5. Withdrawal from the Sales Contract
5.1. If this is not a situation listed in Section 5.4 of the Business Conditions or another situation that prevents withdrawal from the Sales Contract, the Buyer has the right to withdraw from the Sales Contract in accordance with the provisions of Article 1829(1) of the Civil Code for up to fourteen (14) days from having received the goods; if the subject of the Sales Contract includes multiple types of goods or will be delivered in multiple stages, this time period is counted from the day the last shipment of goods was received. Withdrawal from the Sales Contract must be sent to the Seller within the time period established by the previous sentence. The Buyer can use the sample form provided by the Seller to withdraw from the Sales Contract; this is provided as an attachment to the Business Conditions. The Buyer can send their withdrawal from the Sales Contract to the address of the Seller’s workplace or to the Seller’s electronic mail address listed in the header of these conditions, among other means.
5.2. If withdrawal from the Sales Contract occurs according to Section 5.1 of the Business Conditions, the Sales Contract will be canceled from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days of the Seller receiving the Sales Contract withdrawal. If the Buyer withdraws from the Sales Contract, the Buyer bears the costs linked to returning the goods to the Seller even when the goods cannot by nature be returned via the normal postal route.
5.3. If withdrawal from the Sales Contract occurs according to Section 5.1 of the Business Conditions, the Seller will return the funds received from the Buyer to the Buyer using the same means by which the Seller received them from the Buyer within fourteen (14) days of withdrawal from the Sales Contract. Likewise, the Seller has the right to return the funds provided by the Buyer at the time when the Buyer returns the goods or by another means if the Buyer consents and further costs are not incurred by the Buyer. If the Buyer withdraws from the Sales Contract, the Seller is not required to reimburse the Buyer with the funds they accepted before the Buyer has returned the goods or provided proof that they have sent the goods to the Seller.
5.4. The Buyer is aware that according to Article 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Sales Contract for supplying goods that have been modified according to the Buyer’s wishes or to their person, from a Sales Contract for supplying goods that are subject to rapid spoilage or goods that were irretrievably mixed together with other goods after delivery, from a Sales Contract for supplying goods in an enclosed package when the consumer has taken them out of the package and they cannot be returned to it for sanitary reasons, or from a Sales Contract for supplying audio or visual recordings or computer programs when the original packaging has been damaged.
5.5. The Seller has the unilateral right to take into account reimbursement for damages that have occurred to goods against the Buyer’s claims for reimbursement of the sales price.
5.6. In cases when the Buyer has the right to withdraw from the Sales Contract in accordance with the provisions of Article 1829(1) of the Civil Code, the Seller also has the right to withdraw from the Sales Contract at any point up until the point when the goods have been received by the Buyer. In this case, the Seller will return the sales price to the Buyer to the account specified by the Buyer via a non-cash payment and without unnecessary delay.
5.7. If a present was provided to the Buyer together with the goods, a gift contract has been entered between the Seller and Buyer with cancellation conditions such that if the Buyer withdraws from the Sales Contract, the gift contract will lose effect regarding this type of gift and the Buyer will also be required to return the gift to the Seller along with the goods.
6. Shipping and Delivery
6.1. If the means of shipping has been agreed upon based on the Buyer’s special request, the Buyer bears the risks and any additional costs linked to this method of delivery.
6.2. If the Sales Contract specifies that the Seller is required to supply goods to a location indicated by the Buyer in the Order, the Buyer is required to accept the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a means other than that listed in the Order, the Buyer is required to pay the costs associated with repeat delivery of the goods or the costs associated with the other method of delivery.
6.4. When accepting the goods from the delivery service, the Buyer is required to check the integrity of the goods’ packaging and if there is any type of defect, to immediately notify the delivery company. If they notice damaged packaging, attesting to an unauthorized breach of the shipment, the Buyer is not required to accept the package from the delivery company. Doing this does not affect the Buyer’s rights concerning responsibilities for defective goods or the Buyer’s other rights arising from generally binding legal regulations.
6.5. Other rights and responsibilities of the parties during delivery of the goods can be modified by the Seller’s special delivery conditions, if such have been issued by the Seller.
7. Rights Concerning Defective Performance
7.1. The the contractual parties’ rights and responsibilities pertaining to the rights concerning defective performance are governed by the relevant, generally binding legal regulations (primarily the provisions of Articles 1914 to 1925, Articles 2099 to 2117, and Articles 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended by later regulations.
7.2. The Seller responds to the Buyer that the goods did not have any defect when they were received. Primarily, the Seller responds to the Buyer that when the Buyer accepted the goods:
7.2.1. the goods had the features agreed upon by the parties and if there was no previous agreement, that the goods had the features the Seller or manufacturer described or that the Buyer could have expected with regards to the nature of the goods based on advertising conducted by the Seller or the manufacturer;
7.2.2. the goods serve the purpose listed by the Seller for their use or for which goods of this type are generally used;
7.2.3. the goods correspond to the quality or design of the contractual sample or model, if the quality or design was specified according to a contractual sample or model;
7.2.4 the goods correspond in quantity, size, or weight;
7.2.5. the goods meet the requirements of legal regulations.
7.3. If a defect appears during the six months after receipt, it will be assumed that the goods were already defective upon receipt.
7.4. The Seller’s responsibility for defective performance is at least equal to the scope and duration of the manufacturer’s responsibilities for defective performance. Otherwise, the Buyer is authorized to invoke rights concerning defects occurring in the consumed goods during the twenty-four month period after their receipt. If there is a time period for which the goods can be used listed on the purchased goods, on their packaging, in the instructions for connecting the goods, or in advertisements in compliance with other legal regulations, then provisions concerning the quality guarantee are to be used. In the quality guarantee, the Seller guarantees that the goods can be used for their usual purpose or that they will retain their usual features for a certain period of time. If the Buyer rightfully charges the Seller with a defect of the goods, the time period for which the Buyer cannot use the defected goods is exempted from the time period for invoking rights of defective performance and from the quality guarantee period.
7.5. The provisions listed in Section 7.4 of the Business Conditions are not applicable to goods sold for a discounted price that has been negotiated on account of a defect, to wear and tear on goods caused by common usage, or to a defect on used goods that corresponds to the level of use or wear and tear that the goods had upon receipt by the Buyer or that resulted on account of the good’s nature. Rights concerning defective performance do not pertain to the Buyer if the Buyer knew before accepting the goods that the goods had a defect or if the Buyer caused the defect on their own.
7.6. Rights concerning responsibility for defective goods are handled by the Seller. If, however, in the confirmation issued by the Seller on the scope of rights concerning responsibilities for defects (in the sense of the provisions of Article 2166 of the Civil Code), there is another person listed for repairs who is closer to the location of the Buyer than the Seller is, the Buyer can invoke the right to have repairs done at the place specified for conducting repairs. With the exception of cases when a different individual has been designated to conduct repairs according to the previous sentence, the Seller is required to accept the return at any workplace in which it is possible to accept returns with regards to assortment of the products sold or the services provided, or even at the Seller’s headquarters or place of business. The Seller is required to issue the Buyer a written confirmation about when the Buyer exercised their right, the contents of the return, and the method of managing the return requested by the Buyer as well as confirmation of the date and means of handling the return, including confirmation of the repairs conducted and the time this took, or to issue written justification for denying the return. This responsibility also relates to other individuals designated by the Seller to conduct repairs.
7.7. Principally, the buyer can specifically invoke rights dealing with the responsibilities concerning defective goods in person at the address of the workplace listed in the header of these Business Conditions or by electronic mail at the address listed in the header of these Business Conditions.
7.8. The Buyer is to inform the Seller which right they have selected when notifying them of a defect or without unnecessary delay after notifying them of the defect. The Buyer cannot alter their selection without the Seller’s agreement; this does not apply if the Buyer has requested the repair of a defect that has proven to be irreparable.
7.9. If the goods do not have the features established in Section 7.2 of the Business Conditions, the Buyer can request that they be supplied with new goods without defect, if this is not excessive with regards to the goods’ nature; if the defect affects only one component of the goods, the Buyer can request that only the component be exchanged. If this is not possible, they may withdraw from the contract. If, however, this is disproportionate to the nature of the defect, primarily if the defect can be eliminated without unnecessary delay, the Buyer has the right to have the defect eliminated free of charge. Even in the case of reparable defects, the Buyer has the right to be provided with new goods or to have components exchanged if they cannot use the goods properly because of the defect’s repeat occurrence after repair or a greater number of defects. In this case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract and does not invoke the right to be supplied with new goods without defect, have a component replaced, or have the goods repaired, they can request a proportionate discount. The Buyer also has the right to a proportionate discount if the Seller cannot provide new goods without defects, exchange their component, or repair the goods – or if the Seller does not rectify the situation within a reasonable time period or if rectifying the situation would cause the Buyer significant difficulty.
7.10. Whoever has rights according to Article 1923 of the Civil Code can also claim compensation for the costs effectively invested into invoking these rights. If, however, they do not invoke the right to be compensated within one month after the expiration of the time period in which they are obliged to point out the defect, the courts will not acknowledge this right if the Seller objects, because the right to compensation was not invoked in time.
7.11. The parties’ other rights and regulations related to the Seller’s responsibility for defects can be modified by the Seller’s return policy.
8. Other Rights and Responsibilities of the Contractual Parties
8.1. The Buyer gains ownership of the goods by paying the entire sales price of the goods.
8.2. The Seller is not in a relationship with the Buyer that is bound by any codes of behavior in the sense of the provisions of Article 1826(1)(e) of the Civil Code.
8.3. The Seller handles consumer complaints by means of the electronic mail address listed in the header of these Business Conditions. The Seller will send information about handling the Buyer’s complaints to the Buyer’s Electronic Mail Address.
8.4. The Czech Trade Inspection Authority is responsible for extrajudicial settlement of consumer disputes concerning sales contracts. It is located at Štěpánská 567/15, 120 00 Praha 2, its company ID no. is 000 20 869, and its website address is https://adr.coi.cz/cs. When settling disputes between a sales contract’s seller and buyer, it is possible to use the online platform for dispute settlement at the internet address http://ec.europa.eu/consumers/odr.
8.5. The European Consumer Centre for CR – located at Štěpánská 567/15, 120 00 Praha 2, Czech Republic and at the internet address http://www.evropskyspotrebitel.cz – is a point of contact according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.6. The Seller has the right to sell goods on the basis of a trade license. Trade supervision is conducted by the respective Trade Licensing Office as part of its activities. The Office for Personal Data Protection oversees the area of protecting personal data. To a limited degree, the Czech Trade Inspection Authority (among other things) oversees adherence to Act No. 634/1992 Coll. on Consumer Protection, as amended by later regulations.
8.7. With this, the Buyer takes on the risk of a change in circumstances in the sense of Article 1765(2) of the Civil Code.
9. Personal Data Protection
9.1. The Seller fulfills their informational responsibilities to the Buyer in a separate document – in the sense of Article 13 of Directive No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereafter the “GDPR”) – related to processing the Buyer’s personal data for the purposes of fulfilling the Sales Contract, for the purposes of negotiations concerning the Sales Contract, and for purposes of meeting the Seller’s responsibilities as governed by public law.
10. Sending Commercial Newsletters and Storing Cookies
10.1. The Buyer agrees to allow the Seller to send commercial newsletters to the Buyer’s Electronic Mail Address or to their telephone number, according to the provisions of Article 7(2) of Act No. 480/2004 Coll. on certain information society services and on amendments to some acts (the law on certain information society services), as amended by later regulations. In a separate document, the Seller fulfills their informational responsibilities to the Buyer according to Article 13 of the GDPR, relating to processing a buyer’s personal data for the use of sending commercial newsletters.
10.2. The buyer agrees to store cookies on their computer. If it is possible to make purchases on the Website and fulfill the Seller’s obligations under the Sales Contract without having to store cookies on the Buyer’s computer, the Buyer can at any point withdraw their agreement indicated by the previous sentence.
11. Contacting the Customer
11.1. The Buyer can be reached at the Buyer’s Electronic Mail Address.
12. Closing Provisions
12.1. If the relationship established by the Sales Contract contains an international (non-domestic) element, then the parties agree that the relationship will be governed by Czech law. In selecting the law as stipulated by the previous sentence, the Buyer, who is the consumer, is not deprived of protection given to them by the provisions of the legal order that it is contractually impossible to avoid and that would be used if a different law had not been selected, according to the provisions of Article 6(1) of Directive No. 593/2008 of the European Parliament and of the Council (EU) of June 17, 2008 on the law applicable to contractual obligations (Rome I).
12.2. If certain of the provisions of the Business conditions are invalid, ineffective, or the like, the provisions that most closely approximate the meaning of the invalid provisions become valid in place of the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12.3. The Sales Contract, including the Business Conditions, is archived by the Seller in electronic form and it is not accessible.
12.4. A sample form for withdrawing from the Sales Contract is included in the Business Conditions as an appendix.
12.5. The Seller’s contact information is listed in the header of these Business Conditions.