Terms & conditions
Vilgain s.r.o. with registered office at Smetanova 1022/19, Brno 60200, Czech Republic, company identification number 29269555 registered in the Commercial Register maintained at the Brno Regional Court, Section C, File 69673 for the sale of goods via an on-line store located on the website https://vilgain.com.
1.1. These terms and conditions (the “Terms and Conditions”) of the company Vilgain s.r.o., with registered office at Smetanova 1022/19, Brno 60200, Czech Republic, company identification number: 29269555 registered in the Commercial Register maintained at the Brno Regional Court, Section C, File 69673 (the “Seller”) regulate in accordance with Section 1751 (1) of Act no. 89/2012 Coll., civil code (the “Civil Code“) mutual rights and obligations of the parties that have incurred in connection with or on the basis of the purchase contract (the “Purchase Contract“) concluded between the Seller and another individual (the “Buyer”) via an on-line shop of the seller. On-line shop is operated by the seller on a website located at https://vilgain.com (the “Website”) via web interface (“Web Interface”).
1.2. Terms and Conditions do not apply in cases where an individual intending to purchase goods from the Seller is a legal entity or person acting with the purpose of ordering goods for his business or in the pursuit of his profession.
1.3. Establishments deviating from the Terms and Conditions can be agreed in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.
1.4. The establishment of the Terms and Conditions is an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are in English language. The Purchase Contract may be concluded in English.
1.5. The Terms and Conditions may be changed or supplemented by the Seller. This establishment shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. User account
2.1. Upon registration of the Buyer on the website, the Buyer can access his user interface. From its user interface, the Buyer may order goods (the "User Account"). In case the Web Interface of the shop allows it, the Buyer may also order goods without registration directly from the Web Interface of the on-line shop.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information stated in the User Account at any change. The information given by the Buyer in the User Account and when ordering goods is considered by the Seller to be correct.
2.3. User Account access is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel or suspend the User Account, especially if the Buyer violates his obligations resulting from the Purchase Agreement (including Terms and Conditions) or if the Buyer shows a behavior in conflict with applicable laws of the Czech Republic or good manners.
2.6. Buyer acknowledges that the User Account may not be available uninterruptedly, especially with regard to the necessary maintenance of hardware and software of the Seller or necessary maintenance of hardware and software of third parties.
3. Entering into a purchase contract
3.1. The entire presentation of goods placed in the Web Interface of the shop is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The Web Interface of the shop contains information about the goods including prices of individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. The listed prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed in the store's web interface. This establishment does not limit the Seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The Web Interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of goods listed in the Web Interface is only valid in cases where the goods are delivered within defined territories.
3.4. For the order of goods, the Buyer fills in an order form in the Web Interface of the shop. The order form contains information about:
3.4.1. ordered goods (the buyer “inserts” the desired goods into the electronic shopping cart of the Web Interface of the on-line shop),
3.4.2. the method of payment for the ordered goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the cost associated with the delivery of the goods (the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, so that the Buyer has the opportunity to detect and correct errors in the entered data into the Order. The Buyer sends the order to the Seller by clicking the "Send Order" button. The information entered into the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller confirms this receipt to the Buyer by an e-mail to the e-mail address of the Buyer specified in the user account or order ("Electronic Address of the Buyer").
3.6. Depending on the nature of the order (quantity of goods, price, estimated shipping costs), the Seller is always allowed to ask the buyer for additional confirmation of the order (by e-mail or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the Order acceptance sent to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to use the means of online communication to conclude the purchase contract. The costs incurred by the Buyer when using the means of online communication in connection with the conclusion of the purchase contract (the cost of internet access, the cost of telephone calls) are paid by the Buyer and these costs do not differ from the base rate.
4. The prices and terms of payment
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the Buyer only by the available payment methods stated in the Web Interface before sending the Order.
4.2. Together with the purchase price, the Buyer is also obliged to pay the costs associated with packaging and delivery of the goods at the agreed amount. Unless explicitly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
4.3. The Seller does not require the Buyer to make a deposit or another similar payment. This is without prejudice to the establishments of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 24 hours of the conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol (ie the order number). 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.
4.6. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods 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 cannot be combined.
4.8. If it is customary or if it is stipulated by generally binding legislation, the Seller shall issue a tax document – an invoice for the payments made under the Purchase Contract to the Buyer. The Seller is a payer of 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 by electronic means to the Buyer's contact e-mail address.
5. Withdrawal from the purchase contract
5.1. The right to cancel does not exist for the following contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
5.2. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us Smetanova 1022/19, 602 00 Brno, Czech Republic, email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
5.3. In case of withdrawal from the Purchase Contract in accordance with Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the purchase contract, the Buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.
5.4. In case of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. 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 or proves that the goods were sent to the Seller.
5.5. The Buyer shall only be liable to the Seller for the reduction of the value of the goods resulting from the handling of the goods other than it has to be handled with respect to their nature and characteristics. If the consumer wishes to apply his right of withdrawal from the contract within the statutory period of fourteen days and if within this period the value of the goods has been reduced in the aforementioned manner, the Seller is entitled to claim damages for the goods by unilaterally deducting a reasonable amount from the price against the Buyer's claim refund the entire purchase price.
5.6. In cases where the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by a transfer to the account specified by the Buyer.
5.7. If a gift is given to the buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such gift is lost and the Buyer is obliged to return the goods to the Seller together with the provided gift.
6. Transport and delivery of goods
6.1. In case the manner of shipment is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this manner of shipment.
6.2. The delivery of goods usually takes 2-14 days. It always depends on the place of delivery and the current usage of delivery companies.
6.3. Under the Purchase Contract, if the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to collect the goods upon delivery.
6.4. In the event that the goods must be delivered repeatedly or by a manner of shipment another than stated in the Order for reasons occurring on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or costs associated with other means of delivery respectively.
6.5. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging proving the unauthorized intrusion into the consignment, the Buyer does not have the obligation to collect the consignment from the carrier.
6.6. Further rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms if issued by the Seller. More in the Transport and Payments section.
7. Defective Performance Rights
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular establishments of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the goods were taken over by the buyer:
7.2.1. the goods have properties that the parties have agreed and if the agreement is missing, it has properties that the Seller or manufacturer has described or which the Buyer has expected with regard to the nature of the goods and the advertising they perform,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. the goods are in an appropriate quantity, measure or weight
7.2.4. goods comply with legal requirements
7.2.5. the goods correspond to the quality or design of the agreed sample or template if the quality or design was determined according to the agreed sample or template.
7.3. The establishments stated in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for wear and tear caused by its normal use or if it is due to the nature of the goods.
7.4. The rights of defective performance shall be applied by the Buyer at the Seller's address at the premises of the Seller where the acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly at the registered office or place of business.
7.5. Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure. The Complaints Procedure is attached to the Terms and Conditions.
8. Further rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3. The handling of consumer complaints is ensured by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send the information of the resolution of the Buyer's complaint to the Buyer's e-mail address.
8.4. The out-of-court settlement of consumer disputes arising from the Purchase Contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://www.coi.cz. The on-line dispute resolution platform located at https://ec.europa.eu/consumers/odr/ can be used to resolve disputes between the Seller and the Buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll.
9. Protection of personal data
10. Commercial communication and cookies
10.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2. The Buyer agrees to store so-called cookies in his computer. In the event that the purchase on the website can be performed and the Seller's obligations under the Purchase Contract without the so-called cookies stored on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. The goods shall be delivered to the Buyer's address specified in his user account or specified by the Buyer in the order.
12. Final provisions
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. If any establishment of the Terms and Conditions is invalid or ineffective, or it becomes such, instead of the invalid provision, a provision with meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Contact details of the Seller: delivery address Smetanova 1022/19, 602 00 Brno, e-mail address email@example.com, telephone +420 608 274 646.
Brno, 8 October 2020.