Terms and Conditions
1.1. These business conditions (hereinafter referred to as "business conditions") of the Business company Vavex 1990 s.r.o, with its registered office in Příbram V, Zdaboř 503, 261 01, identification Number: 26776251, extract from the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 92998, date of registration April 16, 2003 (hereinafter referred to as the “Seller”) are regulated in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the "buyer")via the sellers´s internet store. (hereinafter referred to as the “Buyer”) through the seller's online store. The e-shop is operated by the seller on a website located at the internet address www. vavex .cz (hereinafter referred to as the “Website”), through the web interface (hereinafter referred to as the “ web interface of the shop”).
1.2. Business term and conditions do not apply to cases where the person who intends to purchase the goods from a 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.
1.3. 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.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. 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.
2.1. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of goods (hereinafter referred to as "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a website and when ordering goods, the buyer is obliged to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The buyer's details on the user account and the ordering of the goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
2.4. Buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially when buyer does not use his user account for more than 12 months, or if the buyer breaches his obligations under the sales contract (including the terms and conditions).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, Necessary maintenance of hardware and software of third parties.
3.1. All presentations of the goods placed in the web interface of the store are of an informative character and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about services and goods, including the prices of individual services and individual goods. Goods prices are listed including VAT and all related fees. Product prices remain valid 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 contract for individually negotiated terms.
3.3. The store´s web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on 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 territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. In particular, the order form contains information about:
3.4.1. Ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. The method of payment of the purchase price of the goods, details of the required delivery of the ordered goods and
3.4.3. Information on the costs associated with the supply of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer placedin the order, even with regard to the buyer's ability to identify and correct the errors that occurred when entering data into the order. The order is send by the buyer to the seller by clicking the "SEND ORDER" button. The details given in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm this order to the Buyer by e-mail, to the Buyer's e-mail address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. 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).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance) received by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4.1. The buyer may pay the buyer the following goods in the following manner: • the price of the goods and any costs associated with the delivery of the goods under the purchase contract:
(hereinafter referred to as the "Seller's Account");
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods:
Valid for delivery of goods within the Czech Republic and a package up to 10 kg in Euro
4.3. The seller does not require an advance or any other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 of the purchase agreement.
4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. Seller is entitled, in particular if the buyer does not receive an additional order confirmation (clause 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Section 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If this is customary in business relations or if it is set by generally binding legal regulations, the seller issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. Tax document - the seller issues an invoice to the buyer and attaches it to the purchased goods.
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible , among other things, to withdraw from the purchase contract the delivery of goods which has been modified according to the buyer's wish or for his person. The right to return goods does not apply to goods „on demend“ (eg digital printing) or customized according to the wishes of the buyer (eg cutting the required amount of self-adhesive foil). The customer may be asked to pay the full value of the order before it´s sending, and the customer understood that such customized goods, according to the wishes of the buyer can not be exchanged or returned. It is also not possible to withdraw from the purchase contract the delivery of perishable goods, as well as goods which has been irretrievably mixed with other goods after delivery, or if the original packaging of the goods is damaged.
WALLPAPERS CAN ONLY BE RETURNED WITH THE ORIGINAL LABEL INDICATING THE NUMBER AND BATCH, THIS LABEL IS AN INTEGRAL PART OF THE GOODS. WITHOUT THIS LABEL THE GOODS ARE DEVALUED AND ARE NO LONGER SALEABLE.
IF YOU RETURN THE GOODS DAMAGED, WITHOUT THE LABEL, YOU CANNOT BE REFUNDED FOR THESE GOODS
5.2. If this is not the case mentioned in Article 5.1 or another case where the contract can not be withdrawn the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, has the right to withdraw from the contract within a period of fourteen ( 14 ) days from the goods acceptance, and in the event that the subject of the purchase contract is several types 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 period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address Vavex 1990 s.r.o., Dělostřelecká 330, 261 01 Příbram, Czech Republic or to the seller's e-mail address firstname.lastname@example.org.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen ( 14 ) days of withdrawal from the contract to the seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to his usual character , by post.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. And if it is technically possible. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. 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 he sent the goods to the entrepreneur.
The return form can be downloaded here.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price. In the case of returning unpacked and tested goods, the seller has the right to claim compensation for the costs actually incurred in returning the goods (compensation for impairment ), so only part of the purchase price is refunded with regard to the value of the returned goods.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. 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.
6.4. If the goods are not collected by the buyer or are not collected from the carrier, the seller is entitled to charge the amount of € 10 as costs related to shipping and handling of the shipment. An invoice for payment will be issued to the buyer for this amount .
6.5 Upon receipt of the goods from the transporter, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier.
6.6. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if it´s issued by the seller.
7.1. The rights and obligations of the parties regarding the rights to defective performance are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer for the goods to have no defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. The goods have properties that have been negotiated by the parties and, in the absence of an arrangement, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. The goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,
7.2.3. The goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. The goods are in the appropriate quantity, degree or weight and
7.2.5. Goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods due to their normal use, Buyer, or if it results from the nature of the goods.
7.4. If a defect occurs within six months of the takeover, the goods are deemed to have been defective already at takeover.
If the customer after taking consignment finds , that the goods are damaged, complaints should be report within 3 working days from receipt of goods, otherwise it may not be disregarded.
Rights to defective performance are claimed by the buyer at the seller address: Vavex 1990 sro, Dělostřelecká 330, Příbram I, where acceptance of a complaint is possible with regard to the range of goods sold.
7.5 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8. alternative dispute resolution
The European Commission has provided a platform for out-of-court dispute resolution. Consumers are given the opportunity to resolve disputes related to your online order first without the intervention of a judge. The Dispute Resolution Platform is under the external link http://ec.europa.eu/consumers/odr/. We try to resolve all disputes by mutual agreement. In the event that a consumer dispute arises between us and the consumer from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes. Inspection Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2 Email: email@example.com Web: adr.coi.cz
9. other rights and obligations of the parties
9.1 Buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) E) the Civil Code.
9.3. Out-of-court complaint handling is provided by the seller via an electronic address. firstname.lastname@example.org. Buyer's complaint information will be sent by the seller to the buyer's email address.
9.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
9.5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.
10.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
10.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number and possibly another address, such as delivery, specified by the buyer in his order. (collectively, all as "personal data").
10.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of implementing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
10.4. Approve acceptance of advanced conversion tracking terms and conditions . Here you confirm, among other things , that you have your user´s consent to give the information about their order to a third party.
10.5. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
10.6. The buyer acknowledges that he is required to state his / her personal data (when registering, in his / her user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his / her personal data without undue delay.
10.7. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
10.8. Buyer acknowledges that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal information.
10.9. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life, or in contravention of the law, in particular if personal data are inaccurate with respect to For the purpose of their processing, may:
10.9.1. ask the seller or processor for an explanation,
10.9.2. require the seller or processor to remove the resulting condition.
10.10. If the buyer asks for information about the processing of his or her personal data, the seller is required to pass on this information. The Seller has the right to provide information under the preceding sentence for a reasonable reimbursement not exceeding the costs necessary to provide the information.
11. sending business messages and storing cookies
11.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address.
11.2. Buyers agree to store cookies on their computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the purchaser's computer, the buyer may withdraw the consent under the preceding sentence at any time.
11.3. Privacy and handling of cookies
This website only stores personal data that you voluntarily provide by filling in and sending one of the forms within this website. The operator does not collect any other data that could identify visitors to this website. However, this does not apply to information that you provide voluntarily, for example by e-mail or using a web form where you agree to use it for the appropriate purpose. Any information you provide through the operator 's website is not made available to a third party without your consent and the operator will only use it for the purposes for which you provided it. When processing personal data, the operator ensures compliance with all security standards, guaranteeing compliance with Act No. 101/2000 Coll., On the protection of personal data and on the amendment of certain acts, as amended. Cookies
11.5. Google Analytics
12.1. It can be delivered to the Buyer to the e-mail address specified in his user account or specified by the Buyer in the order.
13. final provisions
13.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
13.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require written form.
13.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
13.4. Annexe to the business conditions is a sample form for withdrawal from the purchase contract.
13.5 Seller's contact details: delivery address Vavex 1990 sro, Dělostřelecká 330, 261 01 Příbram I, e-mail: email@example.com , tel. +420 777 004 028