Terms and Conditions - Libor Vojkůvka

Trading company:
GASORUM s.r.o.
seat:
Závodní 2675/66
identification number : 06431704
registered in the Commercial Register maintained by the Regional Court in Ostravě , Section C, insert: 71905 for the sale of goods
through an online shop located at www.vojkuvkalibor.com

1. Introduction

These business terms and conditions (hereinafter referred to as the "business terms and conditions") of GASORUM ltd, with its seat at Závodní 2675/66, Šternberk, identification number: 06431704 registered in the Commercial Register kept by the Regional Court in Ostrava Section C, Insert 71905 (hereinafter referred to as "Seller" ) govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Agreement (hereinafter referred to as the "Purchase Agreement"), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code" ") concluded between the Seller and another physical person (the" Buyer ") via the Seller's internet shop. The e-shop is operated by the Seller on a web site located at www.vojkuvkalibor.com (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store"). 
Business conditions do not apply to cases where a person intending to purchase the goods from the Seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession. 
Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in the Czech language.
The Seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. Closing the Purchase Agreement

All presentations of goods placed in the web interface of the shop are informative and the Seller is not obliged to conclude a purchase agreement for these goods. Section 1732 (2) of the Civil Code does not apply. 
The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a purchase agreement for individually negotiated terms. 
The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
To order the goods, the Buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
1. ordered goods (the ordered goods the Buyer "puts" into the electronic shopping cart of the web interface of the store),
2. the method of payment of the purchase price of the goods, details of the required way of delivering ordered goods and
3. information on the costs associated with the supply of the goods (collectively referred to as the "Order").
Before sending the order to the Seller, the Buyer is allowed to check and modify the data entered by the Buyer in the order, with regard to the Buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the Buyer to the Seller by clicking the "Order" button. The data listed in the order are considered correct by the Seller. Without delay, the Seller will acknowledge getting of the order to the Buyer by e-mail to the Buyer's email address listed in the user account or in the order (hereinafter the "Buyer's electronic address").
The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
The contractual relationship between the Seller and the Buyer starts by the delivery of the order (acceptance) which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
The Buyer agrees to use remote communication means when making the Purchase Agreement. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of a Purchase Agreement (costs of Internet connection, telephone call costs) are paid by the Buyer themself, and these costs do not differ from the basic rate.

3. The price of the goods and payment conditions

The Seller may pay the Buyer's cost of goods and any costs associated with the delivery of goods under the Purchase Agreement in the following ways:- cash in cash on delivery at the place specified by the Buyer in the order;
Together with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packing and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood also with the costs connected with the delivery of the goods.
The Seller does not require an advance or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Business Terms regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment or cash on delivery, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within days of the Purchase Agreement.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Seller's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled, in particular, in the event that the Seller does not receive an additional confirmation of the order (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Seller. Paragraph 2119 (1) of the Civil Code does not apply.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a value added tax payer. Tax document - the invoice is issued by the Seller to the Buyer after paying the price of the goods and sends it in electronic form to the e-mail address of the Buyer.

4. Withdrawal from the Purchase Agreement

The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, he/she cannot withdrawn the Purchase Agreement for the supply of goods if the goods has been altered accordint to the Buyer's or his person's wish, the goods is perishable as well as the goods irreversibly mixed with other goods after delivery, for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it cannot be returned and for the supply of a sound or image recording or a computer program, if their original packaging has been torn up.
If it is not the case referred to in Article 5.1 of the Commercial Terms and Conditions or in another case where the Purchase Agreement cannot be withdrawn, the Buyer shall, in accordance with Section 1829 (1) of the Civil Code, withdraw from the Purchase Agreement, up to fourteen (14) days after receipt of the goods, in the case of several types of goods or the delivery of several parts of the goods, this period runs from the date of the last delivery of the goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to the business terms and conditions. Withdrawal from the Purchase Agreement may be made by the Buyer by sendig to the address of the Seller's premises or to the Seller's e-mail address.
.In the event of withdrawal from the Purchase Agreement in accordance with Article 5.2 of the Business Terms, the Purchase Agreement shall be canceled from the outset. The goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned by normal postal route because of its nature.
In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods to the Buyer or otherwise, provided that the Buyer agrees to do so without incurring additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or shows that the goods have been dispatched to the Seller.
The right to compensation for damage to goods, the Seller is entitled to unilaterally set off against the Buyer's claim for refund of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provision of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer has received the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, without charge, to the account specified by the Buyer.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that the Buyer withdraws from the Purchase Agreement, the gift agreement loses its effect and the Buyer is obliged to return the given gift with the goods to the Seller.

5. Transport and delivery

If the mode of transport is agreed upon by the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is required to deliver the goods to the place specified by the Buyer under the purchase order, the Buyer is obliged to take over the goods upon delivery.
If, for reasons of Buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another delivery method.
When the goods are taken over from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take delivery of the consignment from the carrier.
Other parties' rights and obligations in the carriage of goods may alter the Seller's special delivery terms when they are issued by the Seller.