General Terms and Conditions
These General Terms and Conditions apply to contracts concluded through the GINLAC Online Shop, located at https://ginlac.eu/ (hereinafter referred to as “the web interface”), between
KGI s.r.o., with registered office at Karenova 991/6, 150 00, Prague 5, Czech republic
Company ID: 03242510
Tax ID: CZ03242510
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 229116
Address for delivery: Karenova 991/6, 150 00, Prague, Czech republic
phone number: +420 608 716 669
contact e-mail: email@example.com
as a seller
and you as a buyer.
1.1 Summary of Terms of Business Terms
We purchase the contract by delivering the goods listed in your order and you are committed to taking over the goods and paying the purchase price. To conclude the contract, you need to place an order and accept it from us (see Article 2). Pricing information can be found in Article 3. The possible ways of payment and delivery can be found in Articles 4 and 5. Information on the possibility of withdrawal after receipt of the goods is in Article 6. Complaints are governed by our Complaints Rules.
1.2 Is this a consumer contract?
The consumer contract is when you are a consumer, ie if you are a natural person and you buy goods outside of your business or outside of the independent exercise of your profession. Otherwise, the Consumer Agreement is not applicable and your consumer protection is not covered by the law and these terms and conditions.
1.3 What are our mutual rights and responsibilities?
Firstly, a contract, which consists of the following documents:
- These Terms of Business, which define our mutual rights and obligations;
- Complaint order according to which we will proceed to claim goods;
- terms and instructions on the web interface, particularly when concluding a contract;
- ordering and accepting it from our side,
and in matters not governed by the Agreement, our mutual rights and obligations are governed by Czech law, in particular by the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”);
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or residence is outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of your home country provides a higher level of consumer protection than the Czech legal order, then this higher level of protection is provided to you.
1.4 How do you agree to the terms and conditions?
By sending an order and confirming at the web interface you confirm that you have become acquainted with these terms and conditions and agree to them.
1.5 What should you know about business terms?
In the event that any provision of these Terms of Business is invalid, ineffective or inapplicable (or becomes), the provision that is most closely in the way of it is used instead. This does not affect the validity of the other provisions.
We may change or complement the terms of business terms. Your rights and obligations are always governed by the terms of business terms in which they came into effect. Changing or supplementing business conditions is only possible in writing.
- PURCHASE AGREEMENT
2.1 How do we make a purchase agreement?
To sign the contract, you must send an order in accordance with these terms and conditions and accept this order from us. Please note that the presentation of the goods on the web interface is informative and not our proposal to conclude a contract within the meaning of Section 1732 (2) of the Civil Code.
2.2 How to place an order?
You can always order the order via the web interface (filling in the form) or by other means, which we allow according to the information on the web interface. The order must contain all the information prescribed in the form.
Before submitting your order through the order form, you will be notified of a recap of the order including the final price (including all taxes, duties and charges). You have the last chance to change the entered data within the recap.
To submit a binding order, press the “Order” button. We consider the information given in the binding order to be correct and complete. We will inform you by telephone or e-mail about their change without delay.
2.3 Can you cancel or change your submitted order?
You can cancel or change an order that we have not yet accepted by phone or email. All orders received by us are binding. Later cancellation or change of order is possible only after agreement with us. If the order of goods for which the contract can not be withdrawn is abolished (in more detail in Article 6), we are entitled to reimbursement of the costs we have already incurred in connection with the contract.
2.4 How do you find that we have accepted the order and when is the contract concluded?
The purchase agreement is concluded when you receive your order from us at the email address you provided in the order. Should the order not be received, the contract is concluded when you receive the ordered goods.
2.5 Can you get a contract in text form?
Documents constituting the contract will be sent by e-mail or at your request printed by post. When sending by post, we may ask you to cover the costs associated with it. Documents constituting the contract are archived in electronic form. The contract is not accessible to third parties.
3.1 Can the price be changed on the web interface?
If the price listed for the goods on the web interface or during the order is no longer up to date, we will immediately notify you of this fact. However, the order received does not affect the price change that occurred between the time of the order and the receipt of the order from us.
In the event that there is a clear technical error on our part when placing the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods at this grossly incorrect price.
3.2 Can discounts be combined with the price of the goods?
Any discounts on the price of the goods can not be combined, unless otherwise explicitly stated on the web interface.
- PAYMENT CONDITIONS
4.1 What types of payment are we accepting?
You can pay the purchase price in the following ways:
- non-cash via the PayPal payment gateway;
- cashless before delivering goods by transferring to our bank account (instructions will be communicated to you in the order confirmation).
Any other forms of payment and possible fees associated with some forms of payment are listed on the web interface.
4.2 When does the purchase price mature?
In the case of cash payments, the price is payable upon receipt of the goods. In the case of non-cash payment before the delivery of the goods, the price is payable within five days of receipt of the order, the price is paid when the respective amount is credited to our bank account or to the payment gateway account. If we do not receive the price at maturity, we reserve the right to withdraw from the contract.
4.3 Can we request a deposit or prepayment?
Please note that, in accordance with Section 2119 (1) of the Civil Code, we are entitled to ask you to reimburse the entire price of the goods (or advance payments) before it is dispatched or handed over.
4.4 How do we issue a tax document?
By agreeing to these terms and conditions, you grant us permission to issue the tax document electronically.
- DELIVERY CONDITIONS
5.1 How do we ship goods?
Ways of delivering goods, including the cost of delivery, are listed on the web interface. You can choose a specific way of delivering goods in your order.
The order will always state the final price that already includes the cost of the selected mode of transport.
5.2 When do we deliver the goods?
The delivery time of the goods always depends on their availability and on the chosen mode of transport and payment. However, we can not influence delivery times by external carriers. If you have problems with delivery times, please contact us and we will deal with the carrier.
Goods that are in stock will usually be dispatched within two business days of receipt of the order (upon delivery of the goods by cash on delivery or at personal collection), or from payment to our account (in case of non-cash payment).
Goods that are not in stock will be shipped as soon as possible. We will inform you about the exact date.
Deliveries of goods under these terms and conditions are the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, this is not considered to be a breach of our obligation to deliver our goods or to withdraw from your contract.
You acquire ownership of the goods at the time of payment of the full purchase price.
5.3 How to proceed when picking up goods?
When taking the goods check the integrity of the packaging. If you notice any deficiencies, inform the carrier immediately. If you refuse to accept a shipment with a damaged wrapper, it is not considered to be an unjustified refusal of the goods.
The moment of taking over the goods (or when you were obliged to take over the goods but did not do so in contravention of the contract), you are liable for the accidental destruction, damage or loss of the goods.
5.4 What happens if you do not take goods?
If, for reasons of yours, you need to deliver the goods repeatedly or otherwise, you are obliged to pay the costs associated with such delivery.
If you do not take the goods unreasonably, we are entitled to reimbursement of the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us for non-acceptance of the goods.
In the case of cash payment upon delivery of goods by cash on delivery or at personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before the delivery of the goods), we also have the right to proceed to the self-selling of goods under Section 2126 of the Civil Code.
- WITHDRAWAL FROM THE BUYER’S CONTRACT
6.1 How can you withdraw from the contract?
You can withdraw from the purchase contract as a consumer within 14 days of taking over the goods without giving any reason; if the delivery is divided into several parts, from the date of receipt of the last delivery. We are advised to send a notice of withdrawal from the sales contract to our delivery address along with the goods or by e-mail and immediately send us the goods to our mailing address. A sample form may be used to withdraw from the contract.
6.2 What is the withdrawal of the contract?
By withdrawing from the contract, the contract is canceled from the outset and viewed as if it had not been sealed.
If a gift has been provided with your gift with your consent, the gift agreement will be canceled by withdrawal from any of the parties. Give your gift back along with the returned merchandise.
6.3 How do you return the goods?
Goods you are required to return to us within 14 days of termination of the contract, to our delivery address, to any facility or address of our registered office. You do not send the money on cash, we do not have to take it over.
We recommend that you include the returned goods:
- a copy of the delivery note and the invoice (if issued) or another document proving the purchase of the goods;
- a written statement of withdrawal (on our form or otherwise) and the method of refund you have chosen.
Failure to submit any of the above documents will prevent your termination from your contract in accordance with statutory conditions.
6.4 When do you get your money back?
We will refund all received funds within 14 days of withdrawal. Please note, however, that we are not obliged to return your money before returning the goods or proving that you have sent us the goods.
In addition to the purchase price, you are also entitled to a refund of the delivery cost to you. However, if you have opted for a non-cheap way of delivering the goods we offer, we will refund you the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
We will return the money in the same way as we have accepted it (if you do not give us any other money within ten days of withdrawal, and you will not incur any additional costs) or in the manner that you require.
The costs associated with sending the returned goods to our address will be borne by you, even if the goods can not be returned by the normal post mail.
6.5 What if the returned goods were damaged?
When shipping, pack the goods in a suitable container to avoid damage or destruction.
If we find that returned goods are damaged, worn out, contaminated or partially consumed, you are responsible for this loss of value.
6.6 When can not withdraw from the contract?
In accordance with Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from the following contracts:
- the delivery of goods that has been customized to your liking or for your person;
- the delivery of goods subject to rapid perishable goods as well as goods which have been irreversibly mixed with other goods after delivery.
6.7 When can we withdraw from the purchase agreement?
We reserve the right to withdraw from the contract in the following cases:
- We did not receive your purchase price at the time of payment or you did not take the goods;
- goods due to objective reasons (mainly because the goods are no longer produced, the supplier has ceased supplying to the Czech Republic, etc.) can not be delivered under the original conditions;
- performance becomes objectively impossible or unlawful.
In the event of any of the above, we will promptly inform you of our withdrawal.
If you have already paid in full or in part for the purchase price, we will refund the amount you received within five days of withdrawal, by credit card to an account that you provide to us for this purpose or from which you have made a payment.
- RIGHTS OF FAULT FULFILLMENT
Your rights to defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are the consumer, Sections 2158 to 2174 of the Civil Code). In the exercise of the rights of defective performance, we will proceed in accordance with our Complaints Procedure.
- OTHER INFORMATION FOR THE CONSUMER
8.1 What authorizations do we have to carry out our activities?
We are authorized to sell the goods on the basis of a trade license. Our activity is not subject to any other authorization.
8.2 How do we handle complaints?
You can use the on-line platform set up by the European Commission at http://ec.europa.eu/consumers/ to file a complaint about the goods or services you have purchased and to find the ADR entity. odr /.
- REGISTER ON WEB INTERFACE
9.1 How can you register on a web interface?
By registering through the registration form on the web interface, a user account is established. Access your user account’s secret information. We are not responsible for any third party abuse of the user account.
The information provided during registration must be true and complete. We may undo the account at which false or incomplete information was used. In the event of changes to your data, we recommend that you make an immediate edit on your user account.
9.2 What is the user account for?
Using a user account, you can order goods, track orders, and manage your user account. Any other user account features are always listed on the web interface.
9.3 When can I cancel your user account?
Please note that we have the right to terminate your user account without refund if your account violates good morals, applicable law, or these terms and conditions.
- PROTECTING COPYRIGHTS, LIABILITY AND USE OF THE WEB INTERFACE
10.1 Is the content of the website protected by copyright?
The content of web pages located on the web interface (texts, including business terms, photographs, images, logos, software, and more) is protected by our copyright or other people’s rights. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or consent from the copyright holder. In particular, it is forbidden to make free or pending access to photos and texts placed on the web interface.
The names and labels of products, goods, services, companies and companies may be registered trademarks of their respective owners.
10.2 Responsibility and use of the web interface
We are not responsible for errors resulting from third-party interference with the web interface or its use contrary to its intended use. When using the web interface, you must not use procedures that could interfere with the system’s functionality or overload the system.
If you make any illegal or unethical behavior when using the web interface, we are authorized to restrict, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to pay us the damages that are demonstrably incurred by your actions under this paragraph, in full.
Please note that clicking on some web interface links may leave the web interface and redirect to third-party web sites.
These Business Terms and Conditions are valid and effective from 1 May 2018