with legal operating address: U Nikolajky 3325/32, 150 00 Praha 5
ID: 261 82 751
VAT ID: CZ26182751
registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 77698
1.1 These terms and conditions (“Terms and Conditions”) of GALENA s.r.o., with legal operating address: U Nikolajky 3325/32, 150 00 Prague 5, ID: 261 82 751, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 77698 (hereinafter referred to as “Seller”) regulate the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement (the “Purchase agreement”) entered into between the Seller and any other person or entity (hereinafter referred to as “buyer”) through the web site located at www.galena-shop.cz (the “Website”) of GALENA s.r.o., with registered office: U Nikolajky 3325/32, 150 00 Prague, ID: 261 82 751, registered in the Commercial Register of the Municipal Court in Prague, Section C, insert 77698 (hereinafter referred to as “server operator”).
1.2 Cases where the buyer is not a consumer, by special provisions of Article 7.3 and Article 10 of these terms and conditions.
1.3 The provisions diverging from those terms and conditions can be agreed in the purchase contract. Different arrangements in the contract shall prevail over the terms of trade.
1.4 The provisions of terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language and translated into english language.
1.5 The text of terms and conditions the seller may modify or supplement. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. USER ACCOUNT
2.1 The Buyer may order goods, even without registration, directly from the web interface. Based on the first order goods by the buyer, the seller to the buyer according to the buyer’s choice to create a user account and send the buyer access information for the user account. Based on these data the buyer can access to their user interface. From its user interface, the buyer may also make the purchase of goods (hereinafter referred to as the “User Account”).
2.2 When ordering goods the buyer is obliged to provide correct and true in all fields. The data referred to in the user account at any buyer is obliged to change their update. The data referred to by the buyer and the user account when ordering the goods the seller has to be correct.
2.3 Access to the user account is secured with a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account and acknowledges that Seller shall not be liable for breach of this obligation by the buyer.
2.4 The Buyer is not entitled to allow the use of the user’s account to third parties.
2.5 The Seller may cancel your account, especially if the buyer does not use your user account, or if the buyer breaches its obligations under the purchase agreement (including terms and conditions).
2.6 The Buyer acknowledges that the user account may not be available continuously, particularly with regard to the maintenance of the necessary hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3. CLOSURE OF THE PURCHASE CONTRACT
3.1 Web interface contains a list of trade goods offered for sale by the seller, including the prices of individual goods offered. Prices of the goods offered include value added tax, while prices of the goods offered do not include costs associated with the delivery of goods. The offer of sale of goods and the prices of the goods shall remain in force for as long as they are displayed in the web interface of trade. This provision does not restrict the seller to conclude a contract for purchase individually negotiated terms. Any offer for sale of goods placed in the web interface are non-binding trade and the seller is not obliged to enter into a purchase agreement regarding this product.
3.2 Web interface contains information about the costs associated with the delivery of the goods.
3.3 To order goods buyer fills in the order form in the web interface of business. Order form contains particular information about:
a) the ordered goods (merchandise ordered “inserts” buyer in the electronic shopping cart web interface trade),
b) the method of payment of the purchase price of the goods, details of the desired method of delivery of goods ordered and the
c) information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
3.4 Before sending the order to the buyer to the seller is able to check and modify the data inserted in the order buyers, and also with regard to the possibility of the buyer to detect and correct errors made when entering data into the order. Buyer sends the order to the seller by clicking on “Confirm Order”. Seller immediately upon receipt of this order to the buyer confirms receipt of the order by e-mail, at the e-mail address specified in the buyer’s user interface or in the order (hereinafter referred to as “electronic address of the buyer”).
3.5 The Seller is entitled, depending on the nature of the order (how to order, quantity of goods, the purchase price, the estimated cost of transport) ask the buyer for additional confirmation (such as writing or by telephone).
3.6 The contractual relationship between the seller and the buyer arises delivery order confirmation, which is sent by the seller to the buyer by e-mail, at the e-mail address of the purchaser.
3.7 The Buyer acknowledges that Seller is not obliged to enter into a purchase agreement, especially with people who previously substantially breached the purchase agreement (including terms and conditions).
3.8 The Buyer agrees to the use of distance communication in the conclusion of the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (the cost of Internet access, telephone costs) are paid by the buyer himself.
4. THE PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of goods and any costs associated with the delivery of goods by the purchase agreement, the buyer may pay to the Seller the following ways:
a) non-cash advance bank transfer to the seller’s account No. 2300215045/2010, driven by the bank FIO banka, a.s., as on the order sent to the buyer. (For international payments: IBAN: CZ31 2010 0000 0023 0021 5045, BIC: FIOBCZPPXXX),
b) bank transfer via PayPal payment gateway,
c) non-cash payments by credit card,
d) in cash for personal collection.
4.2 Together with the purchase price the buyer must pay the seller the cost associated with the delivery of the goods at an agreed rate. Unless expressly stated otherwise, the further purchase price and the costs associated with the delivery of goods.
4.3 In the event of non-cash payments, the purchase price is payable within five (5) days after the conclusion of the purchase contract. In case of payment by bank transfer in advance transfer based on proforma invoice price is payable on the date specified in the proforma invoice as the due date.
4.4 In the event of non-cash payments the buyer is obliged to pay the purchase price of the goods together with the variable symbol and a specific payment. In the case of cashless payment by the purchaser to pay the purchase price achieved at the moment the relevant amount to the account of the seller.
4.5 The seller shall be entitled, in particular in the event that the Buyer does not receive further confirmation of the order (Article 3.5), require payment of the full purchase price before sending the goods to the buyer.
4.6 Any discounts the price of goods by the seller to the buyer can not be combined.
4.7 If in the normal course of trade, or where specified by generally binding legal regulations, issue the seller regarding payments made under a contract buyer tax document – invoice. Seller is not payer of value added tax. The invoice will be sent to the buyer upon delivery of the goods.
4.8 The Seller is not obliged to keep the same prices of identical products in the online shop in different currencies due to exchange rate calculation.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that, pursuant to § 53 paragraph 8 of the Act No. 40/1964 Coll., The Civil Code, as amended (the “Civil Code”), among other things, you can not cancel the contract for the supply of goods made according to buyer’s request.
5.2 If this is not the case referred to in Article 5.1 or the other cases where you can not withdraw from the purchase agreement, the buyer in accordance with § 53 paragraph 7 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days of receipt of goods. Withdrawal from the contract seller must be demonstrably received in writing within fourteen (14) days from receipt of the goods, at the address of the seller or the seller’s email address firstname.lastname@example.org.
5.3 In the event of withdrawal under Article 5.2 of the terms and conditions of the purchase contract beginning. Goods must be returned to the seller within ten (10) days from the dispatch of the withdrawal from the contract seller to the headquarters of the seller. Goods must be returned undamaged to the Seller, unwanted, unimpaired, and, if possible, in the original packaging. For degradation products are even those cases where the goods have undergone such irreversible changes, which limit the possibility of further normal use of the goods.
5.4 Within ten (10) days of return of goods by the buyer under Article 5.3 of the terms and conditions, the seller is entitled to review the returned goods, especially in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.5 In the event of withdrawal under Article 5.2 of the terms and conditions of the purchase price will return the seller to the buyer within ten (10) days after the end of the review period for goods according to Article 5.4 of the terms of trade, and direct transfer to an account designated by the buyer.
5.6 The Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or use partially consumed, there is a seller to the purchaser is entitled to damages incurred by him. Claims for damages, the seller is entitled to unilaterally against the buyer’s right to refund the purchase price.
6. TRANSPORT AND DELIVERY
6.1 Goods may be in accordance with the contract either delivered to the place specified by the purchaser in the order or will be prepared in the chosen dispensing point to pick by the buyer.
6.2 If the Seller under the purchase contract must deliver the goods to a place specified in the order by the buyer, the buyer is obliged to accept the goods on delivery. Goods are delivered by the seller in accordance with the terms of fares of chosen transport company to the address specified in the order as the place of delivery.
6.3 If the Buyer under the purchase agreement obliged to accept the goods in the chosen dispensing point, while goods are not taken within fourteen (14) days from the call to the seller of goods or other longer period agreed with the seller , purchase agreement futile expiry of that period expires.
6.4 In the event that, by reason of the buyer the goods must be delivered repeatedly or in any other way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other means of delivery.
6.5 When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods in the event of any faults immediately notify the carrier and briefly describe it in the delivery note at his confirmation. In the case of finding a large packing damage indicative of unlawful entry into consignment shipment buyer may assume from the carrier. Signing the delivery note buyer confirms that the package shipments containing goods were intact and any later claims of infringement of packaging and shipment can not be ignored.
6.6 Other rights and obligations of the parties in the transport of goods can customize special delivery conditions of the seller, if the seller issued them.
7. LIABILITY FOR DEFECTS
7.1 The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller shall be governed by the relevant generally binding regulations.
7.2 In the event that the buyer is a consumer, the rights and obligations of the parties regarding the liability of the seller for defects in particular the provisions of § 612 et seq. Civil Code.
7.3 In the event that the buyer is not a consumer, the rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller, especially the provisions of § 422 et seq. Act No. 513/1991 Coll., Commercial Code, as amended (the “Commercial Code”).
7.4 Seller shall decide on the complaint immediately upon receipt, in complicated cases, within 7 working days. This period is not counted by type of product needed to assess the defect. The rights and obligations of the parties, the provisions of § 19 of Act No. 634/1992 Coll., Consumer Protection, as amended.
7.5 For goods sold at a lower price does not match the seller for defects for which the price was decreased.
7.6 Buyer’s rights arising from the seller’s liability for defects, including the warranty liability of the seller, buyer applies to the seller at his residence.
7.7 Other rights and obligations of the parties regarding the seller’s liability for defects can modify the Complaints Procedure vendor, where the vendor is issued.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The Seller is not related to the purchaser bound by codes of conduct within the meaning of § 53a, paragraph 1 of the Civil Code.
9.1 Privacy buyer who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2 The Buyer agrees to the processing of their personal data: name, address, billing address, identification number, tax identification number, electronic mail address, telephone number (collectively referred to everything as “personal data”).
9.3 The Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the purchase contract and for the purpose of sending commercial communications and information to the buyer.
9.4 The Buyer acknowledges that it is obligated to your personal data (at registration in your user account when ordering from the web interface by trade) provide correct and true and that it shall without undue delay inform the seller of a change in their personal data.
9.5 The processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to employees transporter transporting goods selling personal data will not, without the prior consent of the buyer to third parties.
9.6 Personal data shall be processed for an indefinite period. Personal data will be processed electronically automated manner or in a printed form non-automated fashion.
9.7 The Buyer confirms that the personal information is accurate and that he was advised that it is a voluntary submission of personal data.
9.8 In the event that the buyer thought the seller or processor (Article 9.5) performs the processing of his personal data, which is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if the personal information is incorrect the purpose of their processing, may ask the seller or the manufacturer for an explanation or require the seller or processor to remedy the situation.
9.9 If the buyer requests for information about the processing of their personal data, the seller is obliged to deliver this information. Seller has the right for information pursuant to the preceding sentence require reasonable compensation not exceeding the cost of providing information.
9.10 The Buyer agrees to receive information related to the goods, services or now the seller to the buyer’s email address and agree to receive commercial information from the seller to the buyer’s email address.
10. SPECIAL PROVISIONS
10.1 In cases where the buyer is a consumer, the provisions of Article 5, Article 7.2 and Article 7.4 of the terms and conditions apply.
10.2 In the event that the buyer is not a consumer, the rights and obligations of the Parties to the Commercial Code.
11. PROTECTION OF INTELLECTUAL PROPERTY
11.1 The owner and operator of the www.galena-shop.cz website is the company GALENA s.r.o., which is in accordance with Act No. 121/2000 Coll. Copyright Act, as amended, entitled to exercise property rights to the website www.galena-shop.cz.
11.2 Anyone who visits the website www.galena-shop.cz, is a user of this website, and is required when using them to obey the law, act in accordance with morality, and these terms and conditions, not to harm the reputation and rights of GALENA s.r.o. nor the rights of others.
12. FINAL PROVISIONS
12.1 If relations associated with the use of the web site or the legal relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
12.2 The seller is entitled to sell goods on the basis of a trade license and any other activity subject to the authorization of the seller. Trade inspections carried out within the scope of their respective licensing office.
12.3 If any provision of the Terms and Conditions is invalid or unenforceable, or in such happens board instead of the invalid provision a provision whose meaning invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the sales or business conditions require written form.
12.4 Purchase Agreement, including terms and conditions by the Seller is archived in electronic form and is not available.
12.5 Contact details of the seller:
GALENA s r.o.
U Nikolajky 3325/32,
150 00 Praha 5, Czech Republic
Mobile: +420 771 774040
12.6 These Terms and Conditions are effective from 1.6.2017.