Terms and Conditions of the internet portal gaiastore.eu
Trading company: Gaia Store s.r.o.
Residence: Na Farského 31, Ostrava, 720000
for the sale of goods through an online shop located at the Internet address www.gaiastore.eu
1. Introductory provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the e-shop www.gaiastore.eu, operated by Gaia Store s.r.o., with its registered office at Na Farského 31, Ostrava, 720,000 (hereinafter referred to as the "Seller") are governed in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. Internet Shop is operated by the Seller on a website located at the Internet address www.gaiastore.eu (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as the "Web Interface of the Store").
1.2. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The seller may change or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
The buyer can be a consumer or an entrepreneur.
1.3. A consumer is, pursuant to the provisions of Section 419 of the Civil Code, any natural person who concludes a contract with the seller or otherwise acts, outside the scope of his business activities or outside the scope of his independent exercise of his profession.
1.4. According to the provisions of Section 420 of the Civil Code, an entrepreneur is a person who independently performs on his own account and responsibility a gainful activity in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession, or a person who acts in the name or on behalf of the entrepreneur. According to Section 421, an entrepreneur is also considered to be a person registered in the Commercial Register and it is also considered that the entrepreneur is a person who has a trade or other authorization to do business under another law.
1.5. By concluding the purchase contract, the buyer declares that he has become acquainted with the current wording of these terms and conditions at each individual conclusion of the purchase contract, understands them and agrees with their wording.
2. User Account
2.1. Based on the Buyer's registration made on the Website, the Buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
The Buyer is not entitled to allow the use of the user account to third parties.
2.4. The Seller may cancel the User Account, especially if the Buyer does not use his user account for a longer period of time or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.5. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.
3. Conclusion of the purchase contract
3.1. All presentations of goods placed in the web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods include value added tax and all related fees. The prices of the goods 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 contract under individually negotiated conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information on the 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.
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The order is sent by the buyer to the seller by clicking on the "ORDER" button. The data specified in the order are considered correct by the seller.
3.4. Sending an order is considered to be such an act of the buyer that undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is to fill in all the mandatory data in the order form, familiarize yourself with these terms and conditions on the website and confirm to the buyer that he has become acquainted with these terms and conditions.
Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone). The draft purchase contract in the form of an order is valid for fifteen days.
3.6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer to the buyer's electronic address an amended offer indicating the possible variants of the order and request the buyer's opinion.
The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case only by the buyer's acceptance via e-mail.
The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself, while these costs do not differ from the basic rate.
4. Price of goods and Payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
cash on delivery at the place specified by the buyer in the order;
by wire transfer to the Seller's account No. 2401748430/2010 (CZK) or 2101748471/2010 (EUR), both accounts maintained with Fio banka, a.s. (hereinafter referred to as the "Seller's Account");
cashless via the Barion Payment Inc. payment system;
cashless via the payment system ComGate Payments, a.s.
Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.2. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 6 of the Terms and Conditions 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 is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
The Seller is entitled, especially in the event that the Buyer does not receive additional confirmation of the order (Article 8), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 para. 1 of the Civil Code does not apply.
Any discounts on the price of goods provided by the seller to the buyer can not be combined with each other.
4.3. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – 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 – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
After sending the order, the Payer has the opportunity to choose one of the quantities of bank accounts to which he will pay the total amount for the purchased goods.
4.4. Sensitive input data that you enter into the internet banking system is protected by bank payment gateways and does not get into the environment of third parties. Payment processors only see the transaction information that the bank communicates to them with the sent transaction.
4.5. By concluding the purchase contract, the buyer gives the seller consent to the processing of his contact details until his written statement of disagreement with this processing. The contact details provided by the buyer when ordering are used exclusively for our needs and will not be provided to other entities except for payment processors.
4.6. To pay for the order, the payer has the opportunity to use online card payment. At the first payment, a standard payment gateway is displayed, where the payer enters the payment card details and data for 3-D Secure authentication, thus ensuring the highest possible level of security. The card data will be stored on the bank's side. In the case of another order of the registered payer, after confirming the order, only a short notification "payment is in progress" is reversed, the payer is no longer directed to the payment gateway and then the e-shop displays the result of the payment.
5. Withdrawal from the purchase contract
This Article shall apply only in cases where the buyer is a consumer. If the buyer is not a consumer, he may withdraw from the purchase contract under the terms agreed in writing with the seller, or if the law so provides.
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract:
on the supply of goods the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
on the supply of alcoholic beverages which may be delivered only after thirty days and the price of which depends on financial market fluctuations independent of the seller's will,
on the delivery of goods that have been modified according to the buyer's wishes or for his person
for the supply of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery,
on the delivery of goods in sealed packaging that the buyer has removed from the packaging and for hygienic reasons it is not possible to return it,
the supply of an audio or video recording or a computer program if it has broken its original packaging,
on the supply of newspapers, periodicals or magazines,
on the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract.
Unless it is a case referred to in Article 1 or another case where it is not possible to withdraw from the purchase contract, the buyer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, whereas if the subject of the purchase contract is several types of goods or the 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.
5.2. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer outside to the address of the seller's premises or registered office. For the delivery of withdrawal from the contract, the provisions of Article 11 of these Terms and Conditions shall apply. The entrepreneur confirms to the consumer without undue delay in text form its acceptance.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 2 of the Terms and Conditions, the purchase contract is cancelled 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 purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4. In the event of withdrawal from the contract pursuant to Article 2 of the Terms and Conditions, the Seller shall 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 them from the Buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in another way, if the buyer agrees with it and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
The Seller is entitled to unilaterally set off the claim for compensation for damage incurred to the goods against the Buyer's claim for a refund of the purchase price.
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, by wire transfer 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 if the buyer withdraws from the purchase contract, the gift agreement regarding such a gift ceases to be effective and the buyer is obliged to return the gift to the seller along with the goods.
6. Transport and delivery of goods
6.1. In the event that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.2. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
6.3. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
6.4. If the Buyer is in delay with the receipt of the goods, the Seller is entitled to charge the Buyer a storage fee of CZK 10 for each day the delay lasts, but not more than the price of the goods, and the Seller has the right to withdraw from the Contract at any time for the duration of the delay.
7. Rights from Defective Performance
The rights and obligations of the parties under the purchase contract regarding the seller's liability for defects are governed by the relevant generally binding regulations.
This paragraph shall apply only if the buyer is not an entrepreneur. If the buyer is not an entrepreneur:
7.1. If the goods taken over have deficiencies (e.g. they do not have the agreed or legitimately expected properties, they are not suitable for the usual or agreed purpose, they are not complete, their quantity, measure, weight, or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is responsible.
The seller is not responsible for defects resulting from normal wear and tear or non-compliance with the instructions for use. The seller is not responsible for defects for which a lower price of the goods was agreed. The seller is not responsible for defects that the goods had already at the conclusion of the purchase contract and if it results from the nature of the goods. The seller is not responsible for defects that the buyer himself caused.
7.2. The Buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months of receipt. In the case of usable goods, the shortest shelf life is indicated, and in the case of perishable goods, the period during which the item can be used. If the buyer so requests, the seller shall confirm to him in writing to what extent and for how long his obligations in the event of defective performance continue.
7.3. If the goods do not have the required properties, the buyer may request the delivery of a new part (if the defect concerns only this part) or new goods without defects. If this is not possible, the buyer may withdraw from the purchase contract. However, if it is disproportionate due to the nature of the defect, the buyer has the right to free removal of the defect. If the buyer does not exercise these rights, or if the seller cannot deliver a new part (if the defect concerns only this part) or new goods without defects, the buyer may request a reasonable discount.
7.4. The Buyer may file a complaint with the Seller at the address of its establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of making a claim is considered to be the moment when the seller received the claimed goods from the buyer. The Seller shall confirm to the Buyer in writing when he exercised his right, as well as the execution of the repair and its duration.
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 bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1 point. e) the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address:http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract.
8.3. The Seller is entitled to sell goods on the basis of a trade license. Trade inspection 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 Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
9. Protection of personal data
The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.1. The Buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
9.2. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations under the Purchase Contract and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, he agrees to 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 purchase contract.
9.3. 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 a change in his personal data.
By processing the buyer's personal data, the seller may entrust a third party as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.4. The Buyer confirms that the personal data provided are accurate and that he has been instructed that this is a voluntary provision of personal data.
In the event that the buyer believes that the seller or processor (Article 5) carries out the processing of his personal data that is contrary to the protection of the buyer's private and personal life or contrary to the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:
ask the seller or processor for an explanation,
require the seller or processor to remedy the situation.
If the buyer asks for information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request reasonable compensation for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.
9.5. We determine the satisfaction of our customers through e-mail questionnaires within the Verified by Customers program, in which our e-shop is involved. We send them every time a customer makes a purchase from us, if within the meaning of § 7 para. 3 of Act No. 480/2004 Coll. on Certain Information Society Services will not refuse their sending. We process personal data for the purpose of sending questionnaires within the Verified by Customers program on the basis of our legitimate interest, which consists in determining customer satisfaction with a purchase with us. To send questionnaires, evaluate feedback and analyze our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and the e-mail address of customers. Customers' personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. The customer may object to the sending of e-mail questionnaires within the Verified by Customers program at any time by rejecting further questionnaires using the link in the questionnaire e-mail. In the event of such an objection, we will no longer send the questionnaire.
10. Sending commercial communications and storing cookies
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to receive commercial communications from the Seller to the Buyer's electronic address.
10.2. The Buyer agrees to store so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11.1. Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the purchase contract. Notices are delivered to the relevant contact address of the other party and are deemed to have been delivered and effective at the moment of their delivery by post, with the exception of the notice of withdrawal from the contract made by the buyer, when the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.
11.2. A notification whose receipt was refused by the addressee, which was not collected within the storage period, or which was returned as undeliverable, is also deemed to have been delivered.
The Contracting Parties may deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.
12. Final provisions
If the relationship established by the purchase 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 arising from generally binding legal regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require a written form.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The annex to the Terms and Conditions consists of a sample form for withdrawal from the purchase contract, which is on request at Shop@gaiastore.eu
Contact details of the seller: delivery address: Gaia Store s.r.o., Na Farského 31, Ostrava, 702 000, e-mail address email@example.com, phone +420 731 041 545
Ostrava on 6.7.2020
These conditions are valid from 6.7.2020