GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter referred to as "Business Terms") apply to agreements concluded through the VUCH online store located on the https://www.vuch.com/ web interface (hereinafter referred to as "web interface") between
Vuch s.r.o., with its registered office at Tovární 1112, Chrudim IV, 537 01 Chrudim,
Company ID: 04522150,
VAT ID: CZ04522150
registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Insert 36028
Address for delivery: Tovární 1112, Chrudim IV, 537 01 Chrudim
Contact e-mail: firstname.lastname@example.org
as the Seller
and you as the Buyer
With the Purchase agreement, we undertake to deliver you the goods listed in the order and you agree to take over the goods (either in person or from the carrier) and pay the purchase price stated in the order. The purchase price (or just "price") includes costs associated with the delivery of the goods and any fees related to the chosen payment method. The amount of these costs will always be communicated to you before the order is shipped.
You acquire ownership of the goods by paying the entire purchase price, but not before you accept the goods.
1.1. Does the purchase agreement apply only to goods?
A Purchase Agreement (or "Agreement") is any agreement concluded under these Business Terms and Conditions. It may, for example, include a service agreement.
1.2. Is Purchase Agreement a Consumer Agreement?
It's a Consumer Agreement in case of that you are the consumer, meaning if you are a natural person and you buy the goods. Otherwise, the Consumer Agreement is not applicable and your consumer protection is not covered by the law and these Business Terms. In particular, as a non-consumer, you haven't got the right to withdraw from an Agreement without providing a reason.
1.3. What special rights have you got as a consumer?
As a consumer, you have got primarily:
- the right to withdraw from an Agreement concluded with means of distance communication, such as telephone, e-mail or online store (article “WITHDRAWAL FROM THE PURCHASE AGREEMENT” of these Business Terms);
- the warranty of 24 months on unused consumer goods (the warranty is governed by the Complaints Procedure);
- the right to communicate information prior to the conclusion of an Agreement (information is contained in these Business Terms or on our web interface);
- the right to out-of-court settlement of consumer disputes from the Agreement (article 7.3 of these Business Terms).
1.4. How is our legal relationship managed?
Our legal relationship is governed by the following documents:
- these Business Terms which define and refine our mutual rights and obligations;
- Complaint procedure, according to which we will process goods complaints;
- the Terms and Conditions stated on the web interface, especially when concluding an Agreement;
- order and its acceptance by us,
and additionally also by the following legislation:
- Act No. 89/2012 Coll., of The Civil Code, in its effective form (hereinafter referred to as "Civil Code");
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or residence is outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech legal order, this higher level of protection is provided to you in legal relationships.
1.5. How do you agree to the Business Terms?
By sending an order, and confirming in the web interface that you confirm you have become acquainted with and agree to these Business Terms.
We may change or complement the Business Terms. Your rights and obligations are always governed by the Business Terms in which they came into effect.
2.1. How do we conclude a purchase agreement?
The web interface includes a list of goods including a description of the main features of each item. For each item the price includes all taxes, duties and charges. The presentation of the goods is informative, and it is not our proposal to conclude an Agreement in accordance with § 1732 Section 2 of the Civil Code. To conclude an Agreement you must send an order and we must receive this order.
2.2. How to place an order?
You can always place an order via the web interface (by completing the form), or by telephone, e-mail or other means, according to the current information provided on the web interface.
The order must contain all the information prescribed on the form, in particular the exact indication of the ordered goods (if applicable the number of the goods), the number of items, the chosen method of payment and shipping and your contact details (delivery, eventually billing details).
Before the order is sent, you will be notified of a recapitulation of the order including the final price (depending on the mode of transport and payment chosen). We recommend to check especially the type and quantity of goods, e-mail and delivery address. You have got the last chance to change the entered data within the recap.
You will submit a binding order by pressing the "Finish Order" button. We consider the information given in the binding order to be correct and complete. Inform us about their change by telephone or e-mail without delay.
We will inform you about the receipt of the order. The order receipt information (confirmation) is sent automatically and is not a receipt of the order from us, unless expressly stated in the confirmation.
If we have got any doubts about the authenticity and seriousness of the order, we may contact you for verification. We can decline unverified orders. Such an order is taken as if it hasn't been submitted.
2.3. When is the Agreement concluded?
The Purchase Agreement is concluded when you receive the acceptance of your order from us. Receipt of the order will be sent to the e-mail address you provided in the order. If the order was not accepted, the Agreement is concluded when you pay the full purchase price or take over the ordered goods (whichever comes first). Acceptance of the order may be part of the order receipt information according to article
Information on the individual technical steps leading to the conclusion of the Agreement can be seen on the web interface.
2.4. Can you cancel already submitted order?
Order we did not accept yet (it means you haven't received the acceptance of your order from our side according to the article “All orders accepted by us are binding”. Later cancellation of the order is possible only after agreement with us. If you cancel an order of goods on which withdrawal from the Agreement is not possible (in detail in the WITHDRAWAL FROM THE PURCHASE AGREEMENT), we are entitled to reimburse the costs we have already incurred in connection with the Agreement.
2.5. Can the price listed on the web interface change?
The prices of the goods presented and the packaging, transport and delivery prices remain valid for as long as they are displayed in the web interface. Any discounts on the price of the goods can not be combined, unless otherwise explicitly stated on the web interface.
In case that there is a clear technical error on our said in the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods for this completely incorrect price, even if the acceptance of your order was sent to you according to these Business Terms. In this case, we reserve the right to withdraw from the Agreement.
If the price listed for the goods in the web interface or during the order is no longer up to date, we will immediately notify you of this fact. If your order hasn't been received yet, we are not required to conclude the Agreement.
The price change which occurred between the time of the order and the acceptance by us does not affect outbound orders according to article
2.6. Can you get an Agreement in text form?
The Agreement is not concluded in writing form with the signatures of the parties. These Business Terms, your order, and acceptance of the order from us form the Agreement. The entire Agreement will be sent to you by e-mail or at your request printed by post. When sending by post, we can ask you to cover the costs associated with it.
2.7. What if you do not understand something in the Agreement?
If you have got any questions about the Business Terms or the Agreement, you can contact us by phone or e-mail. We will be glad to provide you with all the necessary information.
2.8. In which languages can the Agreement be concluded?
The Agreement can be concluded in the Czech language, unless we expressly agree on another language.
2.9. Is the Agreement stored somewhere?
We archive the Agreement (including these Business Terms) in electronic form. The Agreement is not accessible to third parties, but we will send it to you on request.
3.1. What payment methods do we accept?
You can pay the purchase price in the following ways:
- cash on delivery;
- cashless by card payment;
- cashless before shipping the goods by bank transfer to our bank account (instructions will be sent to you in the order confirmation).
Any other forms of payment are listed on the web interface.
Certain methods of payment (in particular, a cash on delivery) may be additionally charged. These fees are listed on the web interface. The order will always show the final price which includes the fees associated with the payment method you choose.
3.2. When does the purchase price mature?
In the case of cash payments, the price is payable upon acceptance of the goods. In the case of cashless payment before the delivery of goods, the price is payable within five days of acceptance of the order according to the article “When is the Agreement concluded?”. Your obligation to pay the cashless payment is met when the amount is credited to our bank account.
3.3. In what currency can you pay?
Payment is possible in respectively currency.
3.4. When can we require a deposit or a prepayment?
We can request a deposit on the purchase price in the case of orders with a total price of more than 200 Euro.
We are also entitled to ask you to pay the entire price of the goods before they are dispatched or handed over (§ 2119 Section 1 of the Civil Code does not apply).
4.TERMS OF DELIVERY
4.1. How do we ship goods?
The ways of delivering goods are listed on the web interface. You can choose a specific way of delivering goods in your order. If you do not choose any mode of transport, we can determine it.
4.2. What are the costs of delivering goods?
The cost of delivering goods depends always on the size and nature of the goods and on the price-list of the selected carrier. Actual costs of delivering goods are listed on the web interface.
The order will always state the final price which already includes the cost of the selected mode of transport.
4.3. When will we deliver the goods?
The delivery time of the goods always depends on its availability and on the chosen mode of transport and payment.
Goods which are in stock will usually be delivered to the carrier within two business days from receiving the order (in case of delivery of the goods by cash on delivery or personal pick-up of the goods) or from payment to our account (in case of cashless payment).
Goods which are not in stock will be handed over to the carrier as soon as possible. We will inform you about the exact date.
Delivering goods under these Business Terms means the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, this is not considered a breach of the obligation to deliver the goods from our side or to withdraw from the Agreement from your side.
4.4. How to proceed when picking up the goods?
When taking over the goods check the integrity of the packaging. If you notice any deficiencies, inform the carrier and us immediately. If you refuse to accept goods with a damaged packaging, it is not considered to be an unjustified refusal of the goods.
The moment of taking over the goods (or when you were obliged to take over the goods but did not do so in contravention of the Agreement), you are liable for the accidental destruction, damage or loss of the goods.
4.5. What happens if you do not take over the goods?
If, for reasons on your side, the goods need to be delivered repeatedly or otherwise than in the agreed manner, you are required to pay the costs of such service.
If you unreasonably do not take over the goods, we are entitled to reimbursement of the costs associated with the delivery and storage of the goods as well as other costs incurred by us for non-acceptance of the goods. These costs will not exceed 1 Euro per day of storage. The storage costs may reach a maximum of 20 Euro or the purchase price if it is less than 20 Euro.
We also have got the right to withdraw from the Agreement in such a case.
5.WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. How can you withdraw from the Agreement?
You can withdraw from the Purchase Agreement within 30 days from acceptance of the goods; if the delivery is divided into several parts, from the date of acceptance of the last delivery. You are advised to send a notice of withdrawal from the Purchase Agreement to our mailing address or e-mail address. A sample form may be used to withdraw from the Agreement. We will confirm acceptance of the notice without undue delay.
You haven't got to give any reason to withdraw from the Agreement.
5.2. What are the consequences of the withdrawal from the Agreement?
By withdrawing from the Agreement, the Agreement is cancelled from the outset and viewed as if it had not been concluded.
If a gift has been provided to you with the goods with your consent, the donation deed will be cancelled by withdrawal from any of the parties. Send the gift back along with the returned goods.
5.3. When you can not withdraw from the Agreement?
In accordance to § 1837 of the Civil Code, it isn't possible to withdraw, inter alia, from an Agreement concerning delivery of goods in sealed packaging which you have removed from the packaging and for hygienic reasons it isn't possible to return it.
5.4. How do you return the goods?
You are required to return the goods to us within 14 days from the Agreement withdrawal to our delivery address, to any facility or address of our registered office. Do not send the goods on cash on delivery. We are not required to take over goods sent by cash on delivery.
We recommend that you include the following to the returned goods:
- a copy of the delivery note and invoice, if these documents have been issued, or another document proving the purchase of the goods;
- a written statement of withdrawal (on our form or otherwise) and the chosen method of refund (transfer to bank account, personal receipt of cash, postal voucher or otherwise). State your delivery address, phone number, and e-mail address in the statement.
Non-submission any of the above mentioned documents does not prevent the positive settlement of your withdrawal under the terms of the law.
5.5. When do you get your money back?
We will refund all received funds within 14 days from withdrawal. Please note that we are not obliged to return you money before you return the goods or prove that you have sent us the goods.
In addition to the purchase price, you are also entitled to a refund of the delivery cost to you. However, if you have chosen different then cheapest way of delivering the goods we offer, we will refund you the cost of delivering the goods corresponding to the cheapest way of delivering goods.
Money will be refunded to you:
- the same way we accepted it, or
- the way you want;
In addition to the above, we can always return the money by sending it to your bank account or account from which the funds have been redeemed to pay the purchase price (if you do not notify us of the account within ten days of withdrawal). By accepting these Business Terms, you agree to the payment of funds under the preceding sentence, in case that no additional costs will arise for you in this way.
The costs associated with sending the returned goods to our address will be paid by you, even if the goods can not be returned for its nature by usual postal route.
5.6. When can we withdraw from the Purchase Agreement?
We reserve the right to withdraw from the Agreement in the following cases:
- due to a technical error, an obviously wrong price of goods was displayed on the web interface (article “Can the price mentioned on the web interface change?” of these Business Terms);
- goods from objective causes (mainly because the goods are no longer produced, the supplier ceases to deliver to the Czech Republic, etc.) can not be delivered under the original conditions;
- fulfilment becomes objectively impossible or unlawful.
In case of any of the above, we will promptly inform you of our withdrawal. Withdrawal is efficient when you receive it.
If you have already paid full or part of the purchase price, we will refund you cashless to the account you will provide us for this purpose or to the account from which you have made the payment. We will refund the money within five days from withdrawal from the Purchase Agreement.
6.RIGHTS OF FAULTY FULFILMENT
Your rights of faulty fulfilment are governed by applicable generally binding legal regulations (in particular by provisions § 1914 to 1925, § 2099 to 2117, and § 2158 to 2174 of the Civil Code).
In the exercise of the rights of faulty fulfilment, we will proceed in accordance with our Complaints Procedure. Before submitting your complaint, please make sure you make a thorough acquaintance with the Complaints Procedure so that the complaint can be processed as quickly as possible and to your satisfaction.
7.1. What authorization have we got to perform our activity and who controls us?
We are authorized to sell the goods on the basis of a trade license. Our activity is not subject to any other authorization.
Relevant Trade Licensing Office controls trading within the scope of its competence. The Czech Trade Inspection (http://www.coi.cz/) carries out verification of the compliance with the legislation on technical requirements for goods and safety of goods. The Czech Trade Inspection also carries out a review of compliance with consumer protection regulations. Consumers rights are defended by their interest associations and other entities for their protection.
7.2. How do we handle complaints?
We handle any complaints through our contact e-mail. In addition, you can contact the entities listed in the article "What authorization have we got to perform our activity and who controls us?". In relation to our customers, we are not bound by any code of conduct and we do not comply any.
7.3. What are your rights in a consumer dispute?
If you are a consumer and if there is a dispute from the Agreement between us which we can not resolve directly, you have got the right to turn with this dispute to. You may claim this right within 1 year from the date you first claimed the right which is the subject of this consumer dispute.
7.4. What else should you know?
When concluding the Agreement, means of distance communication (especially the Internet) are used. Costs incurred when using distance communication devices (especially Internet or telephone costs) are covered by yourself. These costs do not differ from the standard rate.
Unless otherwise agreed, all correspondence relating to the Agreement between us shall be in writing form, either by e-mail, by registered mail or by personal delivery. For our part, we will contact to you at the email address listed in your order or your user account.
In case that any provision of these Business Terms is invalid, ineffective or unenforceable (or it becomes), a provision which is most related to the invalid, ineffective or unenforceable provision is used instead. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. The Agreement (including Business Terms) may by changed or complemented only in written form.
These Business Terms are valid and effective from February 1, 2016.