GENERAL TERMS AND CONDITIONS OF rubgallery.com
as amended from 1. 7. 2022
1.1 The General Terms and Conditions (hereinafter referred to as “GTC”) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations arising in connection with or on the basis of a Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the operator and a natural person through the operator’s online store at rubgallery.com (hereinafter referred to as the “e-shop”).
1.2 The operator of the e-shop (also the seller) is:
Mgr. David Voda
with registered office at Komenského 897/10, 77900 Olomouc
Company Identification No.: 73965014
Phone orders and inquiries: +420 728 312 979, email: firstname.lastname@example.org
1.3 Customer means any visitor – a natural person of the operator’s website at rubgallery.com who has placed a proper order for goods through the online store system.
1.4 The customer who has sent a proper order via the online store system is also referred to as a buyer.
- USER ACCOUNT
2.1 By registering as a customer at rubgallery.com, the customer may access his/her user interface. From his/her user interface, the customer can place orders for goods (hereinafter referred to as the “user account”). If the website allows it, the customer can also order goods without registration directly from rubgallery.com.
2.2 When registering for a user account and ordering goods, the customer is obliged to provide all the information correctly and truthfully. The customer is obliged to update the information provided in the user account in case of any change. The information provided by the customer in the user account and when ordering goods shall be deemed correct by the seller.
2.3 Access to the user account is secured by the user name – the customer’s e-mail address or user name and password. The customer is obliged to maintain confidentiality regarding the data necessary to access his/her user account.
2.4 The customer is not entitled to allow third parties to use the user account.
2.5 The seller may cancel the user account, in particular if the customer does not use his/her user account for more than 1 year or if the customer breaches his/her obligations under the Purchase Agreement (including GTC).
2.6 The customer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller or the necessary maintenance of hardware and software equipment of third parties.
- conclusion of the AGREEMENT
3.1 The seller makes information about the goods for sale available through the online store at rubgallery.com or other online sales tools.
3.2 The seller’s online store allows customers to view the currently offered goods, including prices of individual goods, search for desired items and order selected goods. The prices provided at the time of ordering are final prices. The prices of the goods remain valid for as long as they are displayed in the seller’s online store. This provision does not affect the seller’s ability to conclude a Purchase Agreement on individually agreed terms.
3.3. Any presentation of goods placed on the website of the online store at rubgallery.com is informative and the seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.4 The buyer orders the goods electronically directly from the Internet using a form created for this purpose (hereinafter referred to as the “Order Form“). The Order Form contains in particular information on:
(i) ordered goods (the ordered goods are “placed” by the buyer into the electronic shopping cart of the seller’s online store),
(ii) method of delivery of the goods ordered, including details of the costs associated with delivery,
(iii) method of payment of the purchase price for the goods.
3.5 Before sending the Order Form to the seller, the buyer is allowed to check and change the data entered in the Order Form, including with regard to the buyer’s ability to detect and correct errors arising when entering data into the Order Form.
3.6 The buyer sends the Order Form to the seller by ordering the respective goods (hereinafter referred to as the “Order”). The information provided in the Order Form shall be deemed correct by the seller. The order so delivered shall constitute a valid and binding proposal for the conclusion of a Purchase Agreement if it contains all the elements required by the Order Form. The seller shall promptly confirm to the buyer that it has received the order. The Purchase Agreement is concluded at the moment when the seller confirms the order and such order confirmation is delivered to the buyer .
3.7 The seller reserves the right not to confirm the order or part of it or to withdraw from the confirmed order or part of it in the following cases: the goods are no longer produced or delivered or the price of the supplier of goods has changed significantly. In the event that this situation arises, the seller will immediately contact the buyer to agree on a further course of action. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer’s account or address as soon as possible, within 10 working days, but no later than 30 days after the seller’s non-confirmation or withdrawal from the order.
3.8 The seller further reserves the right to refuse an order from a buyer who has not paid the goods ordered in the past in a timely manner.
3.9 By sending the order, the buyer confirms that he/she has read these GTC and agrees to them. The buyer is notified of these GTC sufficiently before the actual order is placed and has the opportunity to familiarize himself with them via the online form. These GTC form an integral part of the concluded Purchase Agreement.
3.10. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the buyer for additional order confirmation (e.g. in writing or by phone).
3.11. The concluded Purchase Agreement is archived by the seller for the purpose of its successful execution and is not accessible to third parties.
3.12. The buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the buyer in using remote means of communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone call costs) shall be borne by the buyer. The prices provided at the time of ordering are final prices.
- DELIVERY CONDITIONS
4.1 If the Purchase Agreement is concluded in accordance with Article 3 hereof, the seller shall deliver the goods by means of a carrier (in particular via the Czech Post, but also by another carrier, which may be selected in the Order Form), to which the goods shall be handed over, as a rule, within 24 hours of receipt of the order (in the case of payment by card or bank transfer after the money has been credited to the seller’s account).
4.2 If the Purchase Agreement is concluded in accordance with Article 3 of these Terms and Conditions, the customer may also choose the option of personal collection, i.e. delivery or pick-up of the goods in the seller’s brick-and-mortar store (branch office) as part of the order creation process. This delivery is provided by the seller free of charge. If the seller indicates that it has such goods in stock, it will deliver or prepare the goods for collection at the brick-and-mortar store (branch office), as a rule, within 24 hours of receipt of the order. The customer may collect the goods during the opening hours of the selected brick-and-mortar store (branch office).
4.3 The seller guarantees the prices stated in the offer at the time of sending the order confirmation to the customer. The prices listed in the seller’s online store are valid only in cases where the goods are delivered within the territory of the Czech Republic.
4.4 In the case of delivery of the goods by a carrier, a shipping fee is added to the quoted price of the goods, the amount of which is:
(i) Personal pick-up: free of charge
(ii) Czech Post – parcel delivery to hand: CZK 160.
4.5 The Seller does not charge the costs associated with the packaging of the goods separately, they are included in the shipping fee.
4.6 Acceptance of the goods shall be confirmed by the buyer by signing the accompanying document of the carrier. The place of delivery of the goods is the postal address specified by the buyer in the order. The buyer becomes the owner of the goods only after the purchase price has been paid.
4.7 In the event that the method 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 method of transport.
4.8 If the seller is obliged under the Purchase Agreement 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.
4.9 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the buyer is not obliged to accept the shipment from the carrier.
- PRICE OF GOODS AND PAYMENT TERMS
5.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the buyer to the seller in the following ways:
(i) payment upon personal pick-up: in case of personal pick-up, i.e. delivery or pick-up of goods in a brick-and-mortar store (branch office), the customer shall pay the purchase price of the goods upon receipt of the goods in a brick-and-mortar store (branch office), in cash,
(ii) by bank transfer.
5.2 The seller does not require any advance or other similar payment from the buyer. This is without prejudice to the provisions of these GTC regarding the obligation to pay the purchase price of the goods in advance pursuant to Article 5.4 hereof.
5.3 In case of payment upon personal pick-up, the purchase price is payable upon takeover of the goods. In case of cashless payment, the purchase price is due within 5 working days from the conclusion of the Purchase Agreement and the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
5.4 The seller is entitled, especially in the event that the buyer fails to confirm the order, to require payment of the full purchase price before the goods are sent to the byer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
- RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the Parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
6.2 The seller shall be liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
(a) the goods have the characteristics agreed between the Parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or the buyer expected in view of the nature of the goods and on the basis of their advertising,
(b) the item is fit for the purpose for which the seller states it is used or for which an item of that kind is usually used,
(c) the item corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
(d) the item is in the appropriate quantity, measure or weight, and
(e) the item meets the requirements of the legal regulations.
If a defect appears within six months of acceptance, the item is deemed to have been defective upon acceptance.
6.3 The provisions of Article 6.5 hereof shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
6.4 A defect shall also be deemed to be a defect in the performance of an item other than that ordered by the buyer, as well as defects in the documents necessary for the use of the goods.
6.5 The buyer is entitled to exercise the right to claim for defects that occur in the goods within 24 months of acceptance.
6.6 If the defective performance is a material breach of the Purchase Agreement, the buyer shall have in particular the rights under Section 2106 of the Civil Code, namely:
- a) to remedy the defect by supplying new goods without defect or by supplying the missing goods,
- b) to remedy the defect by repairing the item,
- c) a reasonable discount on the purchase price, or
- d) to withdraw from the Purchase Agreement.
The buyer shall inform the seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller, except in the cases provided for in Section 2106 (2) of the Civil Code. If the buyer does not choose his/her right in time, he/she has rights according to article 7.7 hereof.
6.7 If the defective performance is an insignificant breach of the Purchase Agreement, the buyer has in particular the rights under Section 2107 of the Civil Code, namely to have the defect removed or to receive a reasonable discount on the purchase price. If the seller fails or refuses to remove the defect in time, the buyer may demand a discount on the purchase price or may withdraw from the Purchase Agreement. The buyer cannot change the choice made without the seller’s consent.
6.8 If the goods do not have the characteristics according to article 7.2 hereof, the buyer has further rights according to Section 2169 of the Civil Code.
6.9 The buyer shall assert the rights arising from the defective performance with the Seller (hereinafter referred to as the “Claim”), in the seller’s brick-and-mortar store; Claims in written form may be sent to the address below:
Mgr. David Voda
Komenského 897/10, 77900 Olomouc
The moment of claiming is considered to be the moment when the seller received the claimed goods from the buyer.
6.10. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what is the content of the claim and what method of handling the claim the buyer requires; the seller is also obliged to issue a confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification of the rejection of the claim.
6.11. The buyer shall deliver the claimed goods personally or send them to the place of claim (in the usual way, not by cash on delivery). As it is necessary to verify, within the framework of the claim procedure, whether the buyer has actually purchased the claimed goods from the seller, the seller recommends that the buyer proves this fact in a suitable way, e.g. by submitting a copy of the delivery note or invoice. If the claim is accepted as justified, the buyer will be invited to pick up the goods after the claim has been settled. In case of interest, the goods can be sent to the buyer (by Czech Post) upon agreement.
6.12. The buyer shall pay for the transport of the claimed goods, in the case of acknowledgement of the validity of the claim, the buyer may request reimbursement of the costs incurred in transporting the claimed goods. The seller shall send back the claimed repaired or replaced goods at its own expense.
6.13. The seller or an employee authorized by the seller shall decide on the claim immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for professional assessment of the defect. The claim, including the defect elimination, must be settled without undue delay, at the latest within 30 days of its application, unless the seller and the buyer agree otherwise.
For more information on the status of the claim, the buyer may contact the seller by e-mail: email@example.com or by phone: +420 728 312 979.
6.14. Goods from rubgallery.com are delivered to the buyer by carriers. If a shipment arrives to the buyer damaged, the seller recommends that the buyer proceed as follows:
Inspect the shipment in the carrier´s presence.
In the case of damage to the packaging (crumpled, torn, soaked…), the buyer and the carrier shall draw up a report on the damage to the shipment. In case of a problem with the carrier, the buyer may contact the seller at rubgallery.com. In the subject line of the message, it is recommended to include “Complaint about shipping”, as well as describe the problem, provide contact information, shipment number and invoice number. The seller shall solve the problem reported in this manner with the carrier and notify the buyer of the next course of action.
6.15. The seller hereby informs the buyer that he/she has the right to file a petition to initiate out-of-court proceedings in the matter of a consumer dispute arising from the concluded Purchase Agreement, no later than within 1 year from the date on which the buyer exercised his/her right, which is the subject of the dispute, with the seller for the first time. The Czech Trade Inspection Authority is the subject competent for out-of-court settlement of consumer disputes arising from a Purchase Agreement concluded between the seller and the buyer.
Disputes can also be resolved online via a dedicated ODR platform. The rules established by the Czech Trade Inspection Authority governing the procedure for out-of-court settlement of consumer disputes, as well as the form for filing a petition, are available to the buyer on the website of the Czech Trade Inspection Authority at: adr.coi.cz or www.coi.cz.
- WITHDRAWAL FROM PURCHASE AGREEMENT
7.1 The buyer has the right to withdraw from the Purchase Agreement concluded through the online store according to Article 3 hereof within 14 (in words: fourteen) days from the receipt of the goods without giving any reason.
7.2 For the purpose of exercising the right of withdrawal, the buyer must inform the seller of his/her withdrawal from the Purchase Agreement in the form of a unilateral legal action (e.g. by letter sent via a postal service provider, by fax or e-mail or in person in a brick-and-mortar store). The buyer is entitled to use the enclosed sample withdrawal form, but is not obliged to do so.
7.3 In order to comply with the deadline for withdrawal from the Purchase Agreement, it is sufficient to send the withdrawal from the Purchase Agreement before the expiry of the relevant deadline (Article 8.1 hereof).
7.4 If the buyer withdraws from the Purchase Agreement, the seller shall reimburse the buyer without undue delay, but no later than 14 days from the date on which the seller received the buyer’s notice of withdrawal from the Purchase Agreement, all payments received by the seller from the buyer, including delivery costs (except for additional costs incurred as a result of the buyer’s chosen method of delivery, which is different from the cheapest standard delivery method offered by the seller). For refunds, the seller shall use the same means of payment used by buyer for the initial transaction, unless the buyer expressly specifies otherwise. In any event, this will not incur any additional costs for the buyer.
7.5 The seller shall refund the payment only after receipt of the returned goods or if the buyer proves that he/she has sent the goods back, whichever is earlier.
7.6 If the buyer withdraws from the Purchase Agreement, the buyer shall send to the seller’s address: Mgr. David Voda, Komenského 897/10, 77900 Olomouc, or shall hand over the goods received from the seller to the seller at the address Komenského 897/10, 77900 Olomouc, without undue delay, no later than within 14 days from the withdrawal from the Purchase Agreement. The time limit is deemed to be kept if the buyer sends the goods back before the expiry of 14 days. The seller recommends that the buyer provides an appropriate proof that he/she has purchased the goods from the seller, e.g. by providing a copy of the delivery note or invoice.
7.7 The buyer bears the direct costs associated with the return of the goods, even if the goods cannot be returned due to their nature by the usual postal service.
7.8 The buyer shall only be liable for any reduction in the value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality.
7.9 The seller is entitled to unilaterally set off the claim for payment for damage to the goods against the buyer’s claim for reimbursement of the purchase price.
7.10. The buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a Purchase Agreement for the delivery of goods that have been modified according to the buyer’s wishes or for his/her person, from a Purchase Agreement for the delivery of goods in closed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons, and also from a Purchase Agreement for the delivery of an audio or visual recording or a computer program if the original packaging has been damaged, as well as for delivery of newspapers, periodicals or magazines. Furthermore, in accordance with Section 1837 l) of the Civil Code, the seller expressly states that the buyer shall not have the right to withdraw from a contract for supply of digital content if it has not been supplied on a tangible medium and has been supplied with the prior express consent of the buyer before the expiry of the withdrawal period.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2 The seller shall not be bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1)(e) of the Civil Code.
8.3 The out-of-court settlement of consumer complaints is provided by the seller via the electronic address: firstname.lastname@example.org. The seller shall send information about the settlement of the buyer’s claim to the buyer’s electronic address.
8.4 The seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- DATA PROTECTION
All information on data protection, in particular the purposes and methods of processing, as well as your rights in relation to the processing of your personal data, can be found at rubgallery.com.
- FINAL PROVISIONS
10.1 If any provision of these GTC is or becomes invalid or ineffective, 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 of these GTC.
10.2 These GTC shall come into force and effect on 1. 7. 2022. The current version of GTC is always available at rubgallery.com.
10.3 By sending an order, the customer confirms that he/she has read these GTC and agrees to them without any reservation.
10.4 Unless otherwise provided in these GTC, the rights and obligations of the Parties shall be governed by the relevant provisions of applicable legislation in force in the Czech Republic.
10.5 Annex 1 to GTC consists of a sample withdrawal form.
Annex 1 to GTC – Sample Withdrawal Form
Name and surname: …………
(or e-mail, phone number): …………
Seller: Mgr. Mgr. David Voda
Company Identification No.: 73965014
with registered office: Komenského 897/10, 77900 Olomouc
Notice of withdrawal from Purchase Agreement
On ………., I ordered goods from your website/online store ………… ……….., order number …………, valued at CZK……….. I received the ordered goods on ………..
Pursuant to Section 1829 (1) in conjunction with Section 1818 of Act No. 89/2012 Coll., Civil Code, I exercise my legal right and withdraw from the Purchase Agreement concluded via the Internet concerning the aforementioned goods, which I am sending back to you along with this letter, and at the same time I ask you to remit the purchase price in the amount of CZK………. and CZK……… for postage to my bank account number …………. within 14 days of receipt of this withdrawal.
In ………., on ……….
Consumer’s name and surname