Business conditions of the internet portal gaiastore.eu
Company name: Gaia Store s.r.o.
Residence: Na Farském 31, Ostrava, 720000
for the sale of goods through an online store located at the Internet address www.gaiastore.eu
1. Introductory provisions
1.1. These terms and conditions (hereinafter referred to as “terms and conditions”) of the e-shop www.gaiastore.eu, operated by company Gaia Store s.r.o., domiciled at Na Farském 31, Ostrava, 720 000 (hereinafter referred to as “seller”) in accordance with the provisions of Section 1751, Paragraph 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 online store of the seller. The 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 interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2. Provisions deviating from the terms and conditions can be agreed in the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
The buyer can be a consumer or an entrepreneur.
1.3. According to the provisions of Section 419 of the Civil Code, a consumer is any natural person who enters into a contract or otherwise acts with the seller, outside the scope of his business activities or outside the scope of his independent profession.
1.4. According to the provisions of § 420 of the Civil Code, an entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically for the purpose of making a profit. Any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur, is also considered an entrepreneur. Pursuant to Section 421, a person registered in the Commercial Register is also considered an entrepreneur, and it is also considered that an entrepreneur is a person who has a trade license or other authorization under another law.
1.5. By concluding the purchase contract, the buyer declares that he has read, understood and agrees with the current wording of these terms and conditions at each individual conclusion of the purchase contract.
2. User account
2.1. Based on the Buyer’s registration made on the Website, the Buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as “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 state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username 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 terminate the user account, especially if the buyer no longer uses his user account 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 around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. Concluding a Purchase Agreement
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods and including the prices of individual goods. Prices of goods are listed including value-added taxes and all available fees. The prices of the goods remain valid after the time they are displayed in your store interface. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The 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.
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:
the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface),
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 goods (hereinafter collectively referred to as “order”).
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “ORDER” button. The data listed in the order they are deemed correct by the seller.
3.4. Sending the order is considered to be an act of the buyer, which 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 the completion of all mandatory data in the order form, acquaintance with these terms and conditions on the website and confirmation of the buyer that he has read these terms and conditions.
Immediately after receiving the order, the Seller will 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 telephone). 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 an amended offer to the buyer’s e-mail address stating possible variants of the order and request the buyer’s opinion.
The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and 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 goods under the purchase agreement, the buyer may pay the seller in the following ways:
in cash on delivery at the place specified by the buyer in the order;
cashless transfer to the seller’s account No. 2401748430/2010 (CZK) or 2101748471/2010 (EUR), both accounts kept with Fio banka, a.s. (hereinafter referred to as the “Seller’s Account”);
cashless through the Barion Payment Inc .;
cashless through the payment system ComGate Payments, a.s.
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.2. The seller does not require a deposit or other similar payment from the buyer. This does not affect 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 payment in cash or in the case of payment 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 14 days of concluding the purchase contract.
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 buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 8), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.3. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller pays value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address.
After sending the order, the Payer has the opportunity to choose one of a number 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 are protected by bank payment gateways and do not enter the environment of third parties. Payment processors only see the information about the transaction 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 expression of disagreement with this processing. The contact details that the buyer provides when ordering are used exclusively for our needs and will not be provided to other entities with the exception of payment processors.
4.6. To pay for the order, the payer has the option of using online card payment. The first payment gateway is displayed on the first payment, where the payer enters the payment card details and 3-D Secure authentication details, ensuring the highest possible level of security. Card data will be stored on the bank’s side. In the case of another order of a registered payer, after confirming the order, only a short notification “payment in progress” is displayed, the payer is no longer routed to the payment gateway and then the e-shop displays the result of the payment.
5. Withdrawal from the purchase contract
This article applies only in cases where the buyer is a consumer. If the buyer is not a consumer, he may withdraw from the purchase contract under conditions agreed in writing with the seller, or if so provided by law.
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
on the supply of goods, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
on the delivery of goods that have been modified according to the wishes of the buyer or for his person
on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
on the delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
on the delivery of an audio or video recording or a computer program, if it has broken their original packaging,
on the supply of newspapers, periodicals or magazines,
on the delivery 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 expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract.
If it is not a case referred to in Article 1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. from the receipt of the goods, and in the event that 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 can 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 to the address of the seller’s premises or registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawals from the contract. The entrepreneur shall confirm the consumer’s acceptance in text form without undue delay.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 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 purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In the event of withdrawal from the contract pursuant to Article 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. 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 seller.
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.
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.
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. Transportation and delivery of goods
6.1. If the mode of transport is contracted 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, according to the purchase contract, the seller is obliged 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 specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. 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 case of finding a violation of the packaging indicating unauthorized entry 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 taking over the goods, the Seller is entitled to charge the Buyer a storage fee of CZK 10 for each day the delay lasts, up to the price of the goods, and the Seller has the right to withdraw from the Contract at any time during the delay.
7. Rights from Defective Performance
The rights and obligations of the contracting parties under the purchase contract regarding the seller’s liability for defects are governed by the relevant generally binding regulations.
This paragraph applies only if the buyer is not an entrepreneur. If the buyer is not an entrepreneur:
If the goods taken over have deficiencies (eg do not have the agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight or quality does not correspond to other legal, contractual or pre-contractual parameters), defects of goods for which the seller is responsible.
The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use. The seller is not responsible for defects for which a lower price of the goods has been agreed. The seller is not liable for defects that the goods already had when concluding the purchase contract and if it follows from the nature of the goods. The seller is not responsible for defects caused by the buyer.
7.2. The buyer is entitled to exercise the right to a defect that occurs in the goods within 24 months of receipt. For usable items, the period of the shortest shelf life is marked, and for items subject to rapid destruction, the time for which the item can be used. If the buyer so requests, the seller will confirm to him in writing the extent and duration of his obligations in the event of defective performance.
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 this 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 can file a complaint with the seller at the address of his 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 claim is considered to be the moment when the seller received the claimed goods from the buyer. The seller will 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 contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http: //www.coi.cz, is responsible for the 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 licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
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, residential address, 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 purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to 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 any change in his personal data.
The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the 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 indefinitely. 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 is accurate and that he was informed that this is a voluntary provision of personal data.
In the event that the buyer considers that the seller or processor (Article 5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
ask the seller or processor for an explanation,
require the seller or processor to remedy the situation thus created.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. Sending business messages and storing cookies
10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If 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 revoke the consent under the previous sentence at any time.
11.1. Notices concerning the relationship between the seller and the buyer, in particular concerning the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective upon delivery by post, except for notice of withdrawal by the buyer where 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 during the storage period or which was returned as undeliverable is also considered delivered.
The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer’s user account or specified by the buyer in the order, resp. to the address listed 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 or becomes invalid or ineffective, the invalid provision will 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 business conditions require a written form.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
The appendix to the business conditions is a sample form for withdrawal from the purchase contract, which is available on request at firstname.lastname@example.org
Seller’s contact details: delivery address: Gaia Store s.r.o., Na Farském 31, Ostrava, 702 000, e-mail address email@example.com, telephone +420 731 041 545
In Ostrava on 6.7.2020
These terms and conditions are valid from 6.7.2020