Terms and Conditions
GoodGlass s.r.o.
Identification number: 06517331
Registered office: Anenská 58/26, Brno, ZIP 602 00
For the sale of goods through the online store located at the internet address www.mygoodways.com
1 INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") of GoodGlass s.r.o., with its registered office at Anenská 58/26, Brno, ZIP 602 00, identification number: 06517331, registered in the commercial register maintained by the Regional Court in Brno, section C, file 102544. (hereinafter referred to as "seller") govern, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as "purchase agreement") concluded between the seller and another individual (hereinafter referred to as "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.mygoodways.com (hereinafter referred to as "website"), through the interface of the website (hereinafter referred to as "store interface").
1.2. The terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activities or in the course of their self-employed profession.
1.3 Provisions deviating from the terms and conditions can be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5 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 validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All product presentations placed in the store's web interface are for informational purposes, and the seller is not obliged to conclude a purchase agreement regarding these goods. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.
2.2 The store's web interface contains information about the goods, including the prices of individual items. The prices of the goods are stated including value-added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
2.3 The store's web interface also contains information about the costs associated with packaging and delivery of the goods.
2.4 To order goods, the buyer fills out the order form in the store's web interface. The order form contains, in particular, information about:
- 2.4.1 the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart of the store's web interface),
- 2.4.2 the method of payment for the purchase price of the goods, details about the requested method of delivery of the ordered goods, and
- 2.4.3 information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").
2.5 Before sending the order to the seller, the buyer is allowed to check and modify the information that the buyer has entered into the order, including the possibility for the buyer to identify and correct errors that occurred while entering data into the order. The buyer submits the order to the seller by clicking the button "BUY, PREORDER/BUY/PREORDER." The information provided in the order is considered correct by the seller. The seller will promptly confirm the receipt of the order to the buyer via email, sent to the email address provided by the buyer in the order (hereinafter referred to as "buyer's email address").
2.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (for example, in writing or by phone).
2.7 The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer via email, to the buyer's email address.
2.8 The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, costs for phone calls) are borne by the buyer themselves, and these costs do not differ from the basic rate.
3. Price of Goods and Payment Terms
3.1 The buyer can pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement using the cashless payment methods of the e-shop (the seller's account is 2801327950 / 2010 CZK: 2801327950 / 2010 (IBAN:CZ8820100000002801327950 BIC/SWIFT: FIOBCZPPXXX) held with Fio a.s. (hereinafter referred to as "seller's account").
3.2 Along 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 explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3 The seller does not require an advance payment or any similar payment from the buyer. This does not affect the provision of Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4 In the case of cashless payment, the purchase price is due within three days from the conclusion of the purchase agreement.
3.5 In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
3.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.7 If it is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer for payments made under the purchase agreement. The seller is a VAT payer.
3.8 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to record the received revenue with the tax administrator online; in the case of a technical failure, then no later than within 48 hours.
4 WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1 The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement for the supply of goods that have been modified according to the buyer's wishes or for their person, from the purchase agreement for the supply of goods in a sealed package that the consumer has removed from the package and for hygienic reasons cannot be returned.
4.2 Unless it is a case referred to in Article 4.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the case that the subject of the purchase agreement is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the previous sentence. The buyer can send the withdrawal from the purchase agreement, among other places, to the address of the seller's establishment or to the seller's email address info@goodglass.cz.
4.3 In the case of withdrawal from the purchase agreement according to Article 4.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by regular postal means due to their nature.
4.4 In the case of withdrawal from the agreement according to Article 4.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement to the buyer, using the same method by which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon the return of the goods by the buyer or in another way, if the buyer agrees to this and it does not incur any additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller.
4.5 The seller is entitled to unilaterally offset the claim for damages incurred on the goods against the buyer's claim for the return of the purchase price.
4.6 Until the goods are received by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, using a cashless transfer to the account designated by the buyer.
4.7 If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift becomes ineffective, and the buyer is obliged to return the provided gift along with the goods to the seller.
5 TRANSPORT AND DELIVERY OF GOODS
5.1 If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
5.2 If the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
5.3 If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the buyer is obliged to cover the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
5.4 Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to report any defects immediately to the carrier. In the case of finding a breach of the packaging indicating unauthorized access to the shipment, the buyer does not have to accept the shipment from the carrier.
5.5 Other rights and obligations of the parties during the transport of goods may be governed by the seller's special delivery conditions, if issued by the seller.
6 RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.2 The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
- 6.2.1 the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertising conducted by them,
- 6.2.2 the goods are suitable for the purpose that the seller indicates for their use or for which goods of this kind are usually used,
- 6.2.3 the goods correspond in quality or execution to the agreed sample or template, if the quality or execution was determined according to the agreed sample or template,
- 6.2.4 the goods are in the appropriate quantity, measure, or weight.
- 6.2.5 and the goods meet the requirements of legal regulations.
6.3 The provisions stated in Article 7.2 of the terms and conditions do 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 usual use, for used goods with defects corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.
6.4. The buyer is entitled to assert a right for a defect that occurs in consumer goods within 24 months from receipt.
6.5. The rights from defective performance are asserted by the buyer at the seller's registered office or place of business. The moment of asserting a complaint is considered to be the moment when the seller received the complained goods from the buyer.
6.6. Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint procedure.
7 OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2 The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph. 1 letter e) of the Civil Code.
7.3 The seller ensures the out-of-court handling of consumer complaints through the email address info@goodglass.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
7.4 In the event that a consumer dispute arises between the seller and the consumer from the purchase agreement or from a service provision agreement, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://www.coi.cz. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase agreement.
7.5 The seller is authorized to sell goods based on a trade license. The relevant trade office conducts trade inspections within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.6 The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
8 PROTECTION OF PERSONAL DATA
8.1 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.
8.2 The buyer agrees to the processing of their personal data: name and surname, residential address, identification number, tax identification number, email address, and phone number (hereinafter collectively referred to as "personal data").
8.3 The buyer agrees to the processing of personal data by the seller for the purposes of fulfilling the rights and obligations arising from the purchase agreement. Unless the buyer chooses another option, they also agree to the processing of personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase agreement.
8.4 The buyer acknowledges that they are obliged to provide their personal data (when registering, when placing an order through the store's web interface) accurately and truthfully and that they are obliged to inform the seller without undue delay of any changes to their personal data.
8.5 The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from individuals transporting the goods, the seller will not pass on personal data to third parties without the prior consent of the buyer.
8.6 Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
8.7 The buyer confirms that the provided personal data is accurate and that they have been informed that the provision of personal data is voluntary.
8.8 If the buyer believes that the seller or the processor (Article 8.5) is processing their personal data in a manner that is contrary to the protection of the buyer's privacy and personal life or in violation of the law, especially if the personal data is inaccurate concerning the purpose of its processing, they may:
- 8.1.1 request an explanation from the seller or processor,
- 8.1.2 demand that the seller or processor rectify the situation.
8.9 If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request a reasonable fee for providing information according to the previous sentence, which does not exceed the costs necessary for providing the information.
9 SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1 The buyer agrees to receive information related to the goods, services, or business of the seller at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address.
9.2 The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and the seller's obligations from the purchase agreement can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent given in the previous sentence at any time.
10 FINAL PROVISIONS
10.1 If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
10.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
10.3 The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.4 Contact details of the seller: delivery address: GoodGlass s.r.o, registered office: Anenská 58/26, Brno, ZIP 602 00, email address: hello(@)mygoodways.com.
In Brno on the 30th.11.2017
Johan Nilsson