Vitelit.com Terms & Conditions
Prague Export s.r.o.,
ID: 24681709, VAT ID: CZ24681709
with registered office at Přátelství square 1518/5, post code 102 00, Prague 10,
registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insertion 165688, for sale of goods through on-line shop located on the web address www.vitelit.com
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (further as “Terms and Conditions”) of trading company Prague Export s.r.o., ID 24681709, VAT ID: CZ24681709, with registered office at Přátelství square 1518/5, post code 102 00, Prague 10, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insertion 165688 (further as “Seller”) governs the mutual rights and obligations of the contracting parties arising in connection with the provision § 1751 paragraph 1 of act no. 89/2012 coll., the Civil Code (further as “Civil Code”) on the basis or in connection to a Purchase Contract (further as “Purchase Contract”) between the Seller and another person (further as “Buyer”) through the Sellers’ online shop. The online shop is provided by the Seller at web page www.vitelit.com (further as “web page”) while using the website interface (further as “website interface”).
1.2. These Terms and Conditions do not apply to cases where a person, who intends to purchase goods from the Seller, is a legal entity or a person acting in the ordering of goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from these Terms and Conditions may be agreed by a separate Purchase Contract. Divergent provisions in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions form an integral part of each Purchase Contract. The Purchase Contract and the Terms and Conditions are written in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller reserves the right to change or amend the wording of these Terms and Conditions at any time. This provision does not affect the rights and obligations arising during the effective date of the previous version of Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the website, the Buyer can access his user interface. From its user interface, the Buyer can order goods (further as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the Buyer in the user account and when ordering goods are considered as correct by the Seller.
2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The user account is bound solely to the person of the Buyer, Buyer is not authorised to allow third parties to use his user account.
2.5. The Seller may cancel the Buyer's user account, especially if the Buyer has not logged in to his user account for more than 1 year, or if the Buyer breaches any obligation arising from the concluded Purchase Contract or these Terms and Conditions.
2.6. The Buyer acknowledges that the user account may not be available constantly, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively, necessary maintenance of hardware and software owned by third party related to the operation of the User Account and the entire web interface of the store.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. Entire presentation of the goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a Purchase Contract regarding these goods. It is not an offer within the meaning of paragraph 1732 part 2 of the Civil Code.
3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods, for cases when such goods cannot be, by their nature, returned by the normal postal route. Prices of goods include VAT and all related fees. Prices of the goods remain valid as long as they are displayed in the shop's web interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually negotiated conditions.
3.3 The web interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the Czech Republic.
3.4. To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains information about:
• ordered goods (the Buyer “puts” the ordered goods into the electronic shopping cart of the web interface of the shop),
• Buyer's billing information
• delivery address of the ordered goods,
• method of delivery of ordered goods, including information on costs associated with delivery of goods,
• the method of payment of the purchase price of the goods,
(further collectively referred as “Order”).
3.5. Before sending the Order to the Seller, the Buyer can check and change the data entered in the Order, also with regard to the Buyer's ability to detect and correct errors arising during entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "Confirm order" button. The information given in the Order is considered correct and complete by the Seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the Order by e-mail to the Buyer's e-mail address specified in the user account or in the Order (further as “buyer's e-mail address”).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
4. PRICE FOR GOODS AND THE PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the Purchase Contract, may be paid by the Buyer to the Seller in the following ways:
• cash on delivery at the place specified by the Buyer in the Order,
• cashless transfer to the Seller's account no. 5665651329/0800 kept at Česká spořitelna a.s. (“seller's account”);
• cashless payment by card via ComGate payment gateway;
• cashless payment via PayPal.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise between the Buyer and the Seller, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment according to the Seller's instructions, which the Buyer receives via e-mail to the Buyer's email address. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the Order in accordance with article 3.6. of these conditions, require payment of the entire purchase price before sending the goods to the Buyer. The Buyer is always informed in advance of such a fact. The provisions of paragraph 2119 part 1 of the Civil Code shall not apply.
4.7. Eventual discounts on the price of goods provided by the Seller to the Buyer, cannot be combined, unless the Seller specifies otherwise.
4.8. If it is usual in business relations, or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document to the Buyer – invoice regarding payments made under the Purchase Contract. The Seller pays the value added tax. The tax document – invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent in a shipment together with the goods.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under the provisions of paragraph 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods, which was modified according to the Buyer's wish or for himself, from the Purchase Contract on the supply of perishable goods, which has been irretrievably mixed with other goods after delivery, from the Purchase Contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons, and from the Purchase Contract for the audio or video recording or computer program when the original packaging was broken.
5.2. In accordance with paragraph 1829 part 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract, except in the cases referred to in the previous paragraph or another case where it is not possible to withdraw from the Purchase Contract within fourteen (14) days from takeover of the goods, and if the subject of the Purchase Contract is several kinds of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the time specified in the previous sentence. In order to withdraw from the Purchase Contract, the Buyer may use the standard form provided by the Seller, which is attached to these Terms and Conditions. Withdrawal from the Purchase Contract can be sent by the Buyer to the Seller's premises or the Seller's e-mail address email@example.com.
5.3. In case of withdrawal from the Purchase Contract according to article 5.2 of these Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the cost of returning the goods to the Seller, even if the goods can’t be returned by its nature by normal mail.
5.4. 5.4. In case of withdrawal from the Purchase Contract according to article 5.2 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller had accepted them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer upon returning the goods by the Buyer or by other means, if the Buyer agrees and additional costs to the Buyer will not occur. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller. Seller does not refund the costs associated with sending the goods, only the price of the goods is returned.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.6. In cases where the Buyer is entitled to withdraw from the Purchase Contract in accordance with paragraph 1829 part 1 of the Civil Code, the Seller is also allowed to withdraw from the Purchase Contract at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
5.7. In case when a gift is provided together with the goods to the Buyer, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the contract, the gift contract for such gift ceases to be effective and the Buyer is obliged to return provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is negotiated based on a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this method of transport.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order under the Purchase Contract, the Buyer is obliged to take over the goods upon delivery.
6.3. In case that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects, notify the carrier immediately. If a Buyer finds a breach of the package, which indicates unauthorized entry into the shipment, the Buyer shall not accept the shipment from the carrier.
6.5. Further rights and obligations of the parties according the carriage of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of paragraphs 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller responds to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
• the goods have the characteristics agreed by the parties and, in the absence of such an arrangement, the goods have exactly the characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising,
• the goods are fit for the purpose stated by the Seller or for which the goods of this kind are usually used,
• the goods correspond to the agreed sample or model in terms of quality or workmanship, if the quality or workmanship was determined according to the agreed sample or model,
• the goods are of an appropriate quantity, measure or weight; and
• the goods comply with legal requirements.
7.3. The provisions referred to in article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to worn goods caused by their normal use, to a defect which was present in time of the takeover by the Buyer, or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six (6) months of receipt of the goods, it is considered that the goods have been defective at the time of receipt. The Buyer is entitled to exercise the right from a defect, that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance shall be exercised by the Buyer at the Seller's business address, where acceptance of the complaint is possible with respect to the assortment of goods sold, eventually also at the registered office or place of business. The Buyer may claim rights from defective performance (complaint) in person or by sending the claimed goods to the Seller's address Pražská 810/16, PSČ 102 00, Prague 10 via carrier. The Seller recommends sending the claimed goods in the original packaging or in a package protecting the claimed goods from further damage during its transport. In the event of damage to the claimed goods during transport, the Seller is not responsible for such defects.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the special complaint procedure of the Seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of paragraph 1826 part 1 letter e of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the e-mail address firstname.lastname@example.org. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's email address.
8.4. In case that a consumer dispute arises between the Seller and the Buyer (as a consumer), that is not resolved by mutual agreement, the Buyer may submit a proposal for an out-of-court settlement to a designated out-of-court settlement subject designated to solve consumer disputes, which is the Czech Trade Inspection, Central Inspectorate – ADR department, Štěpánská 15, 120 00 Prague 2, email: email@example.com, website: adr.coi.cz. The Buyer as a consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
8.5. The Seller is entitled to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
8.6. The Buyer hereby accepts the risk of changing circumstances within the meaning of paragraph 1765 part 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The protection of the personal data of the Buyer who is a natural person, is provided by Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (further as “GDPR”) and adaptation act No. 110/2019 Coll., on the processing of personal data. All information and instructions on the rights of the Buyer who is a natural person under the GDPR are provided to the Buyer for their complexity by a separate document at the latest at the moment of obtaining personal data.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communication from the Seller to the Buyer's email address. The Seller fulfils its obligation to inform the Buyer within the meaning of article 13 of the GDPR relating to the processing of Buyer's personal data for the purpose of sending commercial communication by means of a separate document available on the Buyer's website.
10.2. The Buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfil the Seller's obligations under the Purchase Contract without depositing so-called cookies on the Buyer's computer, the Buyer may at any time withdraw the consent under the previous sentence.
11.1. The contractual parties may also deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the Order, respectively to the address stated on the Seller's website, including delivery of the withdrawal from the contract, whereas the moment of delivery is understood as at the latest the third (3) day from the date of sending the message via electronic mail.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. By choosing the law according to article 12.1. the Buyer (as a consumer) shall not be deprived of the protection afforded to him by provisions of the law, which cannot be contractually derogated, and which, in the absence of choice of law, would apply under the provisions of article 6 part 1 of Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (called Rome I).
12.3. If any provision of these Terms and Conditions is or becomes invalid or ineffective, a provision, whose meaning is as close as possible to the invalid provision, shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
12.5. A sample form for withdrawal from the Purchase Contract with the return of goods is attached to the Terms and Conditions.
12.6. Seller's contact details: address for delivery Pražská 810/16, post code 102 00, Prague 10 – Hostivar, e-mail address: firstname.lastname@example.org, phone no. +420 776 000 555.
12.7. These Terms and Conditions, including their attachments, are valid and effective from 1 December 2019 and are available electronically on the Seller's website here.
In Prague on 01.11.2019
Attachment: Form for withdrawal from the Purchase Contract, return of goods