General Terms and Conditions of Business
of
VITALIS, s.r.o.
with registered office at U Železné lávky 568/10, 118 00 Praha 1
Identification number: 49355571
entered in the commercial register of the city court in Prague, Division C, lodgement number 19716
relating to the sale of goods via the online shop
on the website www.vitalis-verlag.com
1. INITIAL PROVISIONS
1.1. These General Terms and Conditions of Business (hereinafter referred to as "GTCB") of the commercial company VITALIS, s.r.o., with registered office at U Železné lávky 568/10, identification number: 49355571, entered in the commercial register of the city court in Prague, Division C, lodgement number 19716 (hereinafter referred to as the "seller") shall regulate, in accordance with the provision § 1751 (1) of Act 89/2012 Coll., Czechoslovakian Civil Code (hereinafter referred to as "CC"), the mutual rights and duties that arise from or on the basis of a purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and a natural person (hereinafter referred to as the "purchaser") via the seller's online shop. The online shop is operated by the seller on the website www.vitalis-verlag.com (hereinafter referred to as "website").
1.2. The GTCB shall not apply if the purchaser is a legal entity or is acting within the framework of its corporate activity.
1.3. Provisions that differ from these GTCB may be specified by the contracting parties in the purchase contract. These varying agreements shall then have precedence over these GTCB.
1.4. The provisions of the GTCB shall be an inseparable element of the purchase contract. The purchase contract and the GTCB shall be subject to Czech law. The definitive language of the purchase contract and of the GTCB shall be Czech. The translation into German or English is of an exclusively informative nature.
1.5. The seller shall be entitled to amend and supplement the wording of the GTCB. The GTCB valid at the time of conclusion of contract shall apply to the rights and duties of the contracting parties.
2. ACCOUNT
2.1. If the purchaser registers on the website, he may access his account via the website. The purchaser may order goods via his account (hereinafter referred to as "user account"). The purchaser may also order goods directly without registration if the online shop facilitates this.
2.2. The purchaser shall be required to provide only true and correct information at the time of registration. If changes occur in the information the purchaser shall be required to update his account. Information from the account shall count and binding and as correct when goods are ordered.
2.3. Access to the account is protected by a user name and password. The purchaser is required to maintain secrecy with regard to all information needed to access his account.
2.4. The purchaser shall not be entitled to allow third parties to use his account.
2.5. The seller shall be entitled to delete the user account, in particular if the purchaser does not use his account for a period exceeding 6 months or if the purchaser breaches his duties from this purchase contract (including the GTCB).
2.6. The purchaser notes that his user account does not have to be accessible without interruption, especially in the case of necessary hardware and software updates.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All goods presented in the online shop are of an informative nature and the seller shall not be required to conclude a purchase contract in respect of these goods. The provision § 1732 (2) CC shall not apply.
3.2. The online shop includes information relating to goods including their individual prices. The prices of goods are stated inclusive of VAT and shall remain valid as long as they are displayed in the online shop. This shall not affect the right of the seller to conclude a purchase contract under individual price agreements.
3.3. The online shop also includes information relating to costs of packing and despatching the goods.
3.4 When ordering goods the purchaser completes an order form in the online shop. This order form includes in particular information relating to:
3.4.1. ordered goods (they are placed by the purchaser in an electronic shopping cart in the online shop).
3.4.2. the method of payment for the goods and the requested type of delivery of the ordered goods.
3.4.3. information about dispatch costs for the goods
(hereinafter points 3.4.1–3.4.3 shall be referred to together as "order").
3.5. Before sending the order to the seller the purchaser shall be enabled to check and amend information that he has entered in the order. The order shall be sent to the seller by clicking on the field "PLACE BINDING ORDER". The information stated in the order shall be regarded as binding for the seller.
3.6. The sending of the order is a legal action on the part of the purchaser which identifies in an unmistakable way the goods, the purchase price, the purchaser and method of payment and constitutes a binding purchase offer for the contracting parties. A condition for validity of the order is completion of all mandatory fields in the order form, familiarity on the part of the purchaser with the GTCB and confirmation that the purchaser agrees with the GTCB.
3.7. The seller shall inform the purchaser immediately about receipt of the order electronically to the e-mail address stated in the online shop or the order (hereinafter referred to as "purchaser's e-mail address").
3.8. The sale offer in the form of an order shall be valid for 15 days.
3.9. The contractual relationship between the seller and purchaser shall come into existence upon notification of acceptance of the purchaser's purchase offer by the seller to the purchaser's e-mail address.
3.10. If the seller is unable to supply individual items in the order, they shall inform the purchaser about this fact and submit a counter-offer and request a statement from the purchaser.
3.11. The counter-offer shall be treated as a new purchase offer and the purchase contract shall be concluded in such a case by acceptance of the counter-offer by the purchaser by e-mail.
3.12. The purchaser hereby expressly agrees to the use of communication instruments at a distance for conclusion of a purchase contract. Costs incurred by the purchaser in the use of communication instruments at a distance in connection with conclusion of the purchase contract (e.g. costs of an internet or telephone connection) must be paid by the purchaser.
4. PURCHASE PRICE AND TERMS OF PAYMENT
4.1. The purchaser shall be entitled to pay the purchase price and any costs in connection with delivery of the goods in accordance with the purchase contract in the following manner:
a) cash on delivery at the location stated by the purchaser in the order (only with orders with a delivery address in the territory of the Czech Republic);
b) by bank transfer to the seller's account stated in the payment document (hereinafter referred to as "seller's account").
c) via PAYPAL.
4.2. The purchaser shall be required to pay to the seller the costs associated with packing and dispatch of the ordered of goods. Unless anything to the contrary is stated, the term 'purchase price' shall also be understood to include dispatch costs.
4.3. In the case of a payment by cash on delivery the purchase price shall be due upon acquisition of the goods. In the case of a bank transfer the purchase price shall be due within 7 days after conclusion of the purchase contract.
4.4. In the case of non-cash payment the purchaser shall be required to transfer the purchase price using the variable symbol. In the case of a non-cash payment the payment obligation of the purchaser shall be fulfilled when the purchase price is credited to the seller's account.
4.5. Any price discounts offered by the seller shall not be summable.
4.6. The seller is liable for VAT and shall convey to the purchaser a tax document (invoice) after payment of the purchase price.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The purchaser shall be entitled to withdraw from the purchase contract with the exception of the cases stated in § 1837 CC.
5.2. The period during which withdrawal is permissible shall be 14 (fourteen) days from acquisition of the goods pursuant to § 1829 (1) CC. If the purchase contract is for partial deliveries, this period shall run from the time of provision of the last partial delivery. Withdrawal must be notified to the seller within the period stated in the first sentence of this article. The declaration of withdrawal must name the account to which retransfer of the purchase price is to be made.
5.3. Notice of withdrawal from the purchase contract must be sent by the purchaser to the contact address stated by the seller in Article 12.5 of these GTCB. The provision of Article 11 of these GTCB shall apply for notification of withdrawal from the purchase contract. The seller shall confirm to the purchaser without delay receipt of the declaration of withdrawal from the contract to the purchaser's e-mail address.
5.4. In the case of a withdrawal from the purchase contract in accordance with Art. 5 GTCB the contract shall be rescinded from the start. The goods must be returned to the seller within 14 days after withdrawal from the contract. If the purchaser withdraws from the purchase contract, he shall pay the costs incurred in the return of the goods even if the goods by their nature cannot be sent by ordinary mail.
5.5. In the case of a withdrawal from the contract in accordance with Art. 5 GTCB the seller shall reimburse the purchase price received by the seller within 14 days after return of the undamaged goods. Reimbursement of the cash amount shall be effected by bank transfer to the account specified by the purchaser in the declaration of withdrawal.
5.6. The seller shall be entitled to offset their claims for compensation relating to the goods against the claim for repayment of the purchase price.
5.7. Up to the time of acquisition of the goods by the purchaser the seller shall be entitled to withdraw from the purchase contract at any time. In such a case the seller shall reimburse the purchaser for the purchase price without delay by bank transfer to the account stated by the purchaser.
5.8. If the purchaser receives a gift together with the purchase contract the gift contract shall be concluded subject to the condition subsequent that in the case of a withdrawal from the purchase contract the gift contract shall lose its validity. The purchaser shall be required in such a case to return the gift together with the goods.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. If the type of transport is agreed on the basis of a special request by the purchaser, the purchaser shall bear the entire risk and any additional costs associated with such transport.
6.2. If the seller is required in accordance with the purchase contract to deliver the goods to a location stated in the order, the purchaser shall be required to accept the goods upon delivery.
6.3. If additional costs are incurred in the case of repeated or subsequently amended provision caused by the purchaser, the purchaser shall be required to pay them.
6.4. Upon acquisition of the goods from the carrier the purchaser must check that the packaging of the goods is intact and in the case of any ascertained defects the purchaser must notify this to the carrier immediately. If the consignment is damaged in such a way that unauthorised interference in the consignment can be presumed, the purchaser shall be entitled to refuse acceptance.
7. RIGHTS FROM DEFECTIVE DELIVERY
7.1. The rights and duties of the contracting parties in the case of defective delivery shall be oriented to the generally applicable legal regulations (in particular in accordance with the provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 CC).
7.2. In accordance with the stated legal provisions the seller shall be liable to the purchaser in particular for the goods sold by the seller being free from defects.
7.3. The provision of Art. 7.2 CC shall not apply if a reduced price has been agreed due to a defect in the goods.
7.4. If a defect in the goods becomes evident within six months after acquisition, it may be presumed that the goods were defective at the time of acquisition.
7.5. A complaint about a defect must be asserted by the purchaser to the seller's contact address stated in Art. 12.5 of the GTCB. The time when the complaint about a defect is notified shall be deemed to be the time when the defective goods are transferred to the seller.
8. FURTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. Ownership of the goods shall be acquired by the purchaser upon payment of the purchase price.
8.2. The seller shall be not be bound in relation to the purchaser to any code of conduct in accordance with provision § 1826 (1) e) CC.
8.3. The following institution shall have responsibility for out-of-court settlement of consumer disputes from this purchase contract: Česká obchodní inspekce, with registered office in Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869.
8.4. The seller shall be entitled to sell the goods in accordance with their business licence. Checking compliance with the commercial regulations shall be the responsibility of the relevant trade office. Checking compliance with regulations for protection of personal data shall be the responsibility of the Czech Office for Protection of Personal Data (Úřad pro ochranu osobních údajů). The Czech Commercial Inspection (Česká obchodní inspekce) undertakes, amongst other things, duties of supervision concerning compliance with Act No. 634/1992 Coll., relating to consumer protection as stated in the subsequent amendments.
8.5. The purchaser hereby undertakes the risk of a change of circumstances as defined by § 1765 (2) CC.
9. DATA PROTECTION
9.1. The protection of the personal data of the purchaser who is a natural person is guaranteed by Act No. 101/2000 Coll. relating to protection of personal data as defined by subsequent additions.
9.2. The purchaser consents to processing of the following personal data: first name and surname, residential addresses, identification number, tax identification number, e-mail address, telephone number and bank account (referred to hereinafter collectively as "personal data").
9.3. The purchaser consents to processing of his personal data by the seller for the purpose of exercising rights and duties from the purchase contract and for the purpose of managing his user account. Insofar as the purchaser registers for the newsletter and consents to the sending of information and business communications, this shall also count as consent for processing of his personal data in connection with the newsletter.
9.4. The purchaser shall be required to state his personal data (during registration, in his user account and when ordering in the online shop) truthfully and correctly. He shall further be required to inform the seller immediately about changes to his personal data.
9.5. The seller shall be entitled to engage a third party for processing of personal data. The purchaser's personal data shall not be made available by the seller to third parties without prior consent from the purchaser. This shall not apply for persons who are engaged for transport of the ordered goods.
9.6. Processing of personal data shall not be time limited. Personal data shall be processed electronically by automated method or in printed, non-automated form.
9.7. The purchaser hereby confirms that the personal data provided is correct and that it has been granted voluntarily.
9.8. If the purchaser believes that the seller or the data processor (Art. 9.5) is processing his personal data in a manner that breaches protection of his private life or in contravention of the law, he shall be entitled:
9.8.1. to demand a declaration from the seller or data provider,
9.8.2. to demand that the seller or data provider rectify this situation.
9.9. If the purchaser asks the seller for information concerning the processing of his personal data, the seller shall be required to provide him with such information. The seller shall have the right to demand for provision of information in accordance with the first sentence reasonable remuneration not exceeding the costs necessarily incurred for the granting of such information.
10. SENDING BUSINESS COMMUNICATIONS AND STORAGE OF COOKIES.
10.1. The purchaser agrees to the sending of information associated with the goods, services or the seller's company, to the purchaser's e-mail address. Furthermore, he agrees to the sending of the seller's business communications.
10.2. The purchaser agrees to storage of cookies on his computer. If the purchase via the website and the services of the seller from the purchase contract are possible without cookies being stored on the purchaser's computer, the purchaser may revoke his consent in accordance with the first sentence of this article at any time.
11. SERVICE
11.1. Insofar as nothing to the contrary is agreed in the purchase contract, any communications of the seller and purchaser in connection with the purchase contract, in particular withdrawal from the purchase contract, must be effected by registered letter. Communications shall count as served and effective when they are conveyed by post. An exception is withdrawal from the purchase contract on the part of the purchaser. This shall be effective if the communication by the purchaser concerning withdrawal has been sent to the seller during the prescribed period.
11.2. A communication shall also count as having been served if receipt of it is refused by the addressee, if it has not been collected during the deposit period or if it has been returned as undeliverable.
11.3. Ordinary correspondence may be exchanged by the contracting parties by means of electronic mail to the e-mail address of the purchaser stated in the user account or the order, or to the e-mail address of the seller stated in Article 12.5 of these GTCB.
12. FINAL PROVISIONS
12.1. If the legal relationship established by the purchase contract includes an international element, the contracting parties hereby agree that the legal relationship shall be subject to Czech law. The rights of the consumer from generally applicable legal regulations shall remain unaffected by this.
12.2. The invalidity or ineffectiveness of individual provisions of these GTCB shall not affect the validity of the other provisions. The ineffective provision shall be replaced by a provision that reflects the defective provision as closely as possible in the commercial and legal sense.
12. 3. Changes and additions to the purchase contract and these GTCB must be in written form.
12.4. The purchase contract including the GTCB shall be archived by the seller in electronic form and shall not be publicly accessible.
12.5. Contact data of the seller for the purpose of service: VITALIS, s.r.o., Ke Klimentce 43, 150 00 Prague 5, objednavky(at)vitalis-verlag.com, telephone 00420 257 181 660.
12.6. A sample form for withdrawal from the purchase contract is attached as an annex to these GTCB.
Prague, 1. 5. 2017 VITALIS, s.r.o.
