Terms and Conditions
WolfGang concept s.r.o.
With registered office at: Vachova 44/8, Brno, Postal Code 602 00
Company number: 29363233
Incorporated in the Companies Register administered by the Regional Court in Brno, Section C, File number 75445
Regarding sales of goods via an on-line (Internet) shop accessible at the following web address: https://wolfgangstore.com/
1. INITIAL PROVISIONS
1. The present commercial terms and conditions (hereinafter the “Commercial Terms and Conditions”) of the trading company named WolfGang concept s.r.o., with registered office at: Vachova 44/8, Brno, Postal Code 602 00, Company number: 29363233, incorporated in the Companies Register administered by the Regional Court in Brno, Section C, File number 75445 (hereinafter the “Seller”), governing the mutual rights and duties of the contracting parties in connection with or on the basis of Purchase Agreements (hereinafter “Purchase Agreements”) concluded by and between the Seller and other natural persons or legal entities (hereinafter the “Buyer“) via the Internet shop operated by the Seller. The said Internet shop has been operated by the Seller at the following web address: https://wolfgangstore.cz/, via a web interface (hereinafter the “Shop Web Interface”).
2. The present Commercial Terms and Conditions shall further govern the rights and duties of the contracting parties in making use of the web site of the Seller accessible at the following address: https://wolfgangstore.com/ (hereinafter the “Web Site”), as well as any other related legal relations. The present Commercial Terms and Conditions shall not apply to such cases when any persons or entities intending to purchase any goods from the Seller should order such goods for further resale as part of their own businesses – please, refer to the section entitled WHOLESALE.
3. Provisions different from the present Commercial Terms and Conditions may be agreed in Purchase Agreements. Any such different arrangements contained in Purchase Agreements shall prevail over any provisions contained in the present Commercial Terms and Conditions.
4. The provisions contained in the present Commercial Terms and Conditions shall constitute an inseparable part of Purchase Agreements. Such Purchase Agreements and the present Commercial Terms and Conditions shall be executed in the Czech language. Purchase Agreements may be executed in the Czech language.
5. The Seller may modify or amend the provisions of the present Commercial Terms and Conditions. The present provision shall be without prejudice to any rights and duties existing for the term of effect of the previous versions of the Commercial Terms and Conditions.
2. USER ACCOUNT
1. The Buyer, subject to registration performed on the Web Site, may access its user interface. The Buyer may order goods making use of it user interface (hereinafter the “User Account”). If the Shop Web Interface so allows, the Buyers may order goods also without registration, directly from the Shop Web Interface.
2. The Buyer, upon registration on the Web Site and when ordering the goods, shall be required to disclose all and any information correctly and truthfully. If such information contained in such User Account should change in any manner whatsoever, the Buyer shall be obliged to update such information. The Seller shall consider any such information disclosed by the Buyer via its User Account and when ordering any goods, as correct.
3. Access to the User Account shall be secured by way of a user name and a password. The Buyer shall keep confidential all and any information required for access to its User Account, and the Buyer takes note that the Seller shall not be liable for any breaches of any such duties by the Buyer.
4. The Buyer shall not allow any third parties to make use of its User Account.
5. The Seller may cancel any User Account, particularly, if the Buyer has failed to make use of its User Account for a period in excess of 12 months or if the Buyer should breach its duties under Purchase Agreements (including the Commercial Terms and Conditions).
6. The Buyer takes note that the User Account needs not be accessible without interruption, including without limitation, in view of any required maintenance of any hardware and software belonging to the Seller, and/or any required maintenance of any hardware and software belonging to any third parties.
3. EXECUTION OF PURCHASE AGREEMENTS
1. The Shop Web Interface contains a list of goods offered by the Seller for sale, including prices of the individual items on offer. The prices of such goods have been shown including the value added tax and all associated fees. The offer of such goods and its prices remain in force for the entire term of their display in the Shop Web Interface. This provision shall be without prejudice to the Seller’s option to conclude Purchase Agreements subject to terms and conditions agreed on an individual basis. All offers of the goods as displayed in the Shop Web Interface are not binding and the Seller shall not be obligated to conclude Purchase Agreements in respect of such goods.
2. The Shop Web Interface also contains certain information about any costs related to packaging and delivery of such goods. Such information concerning the costs related to packaging and delivery of such goods as shown in the Shop Web Interface shall apply only to deliveries of the goods within the territory of the Czech Republic.
3. The Buyer orders the goods by completing an order form shown in the Shop Web Interface. The order form contains, without limitation, the following information:
- 1. Description of the ordered goods (the Buyer ‘puts’ the ordered goods in an electronic cart displayed in the Shop Web Interface);
- 2. Description of the manner of payment for the goods, the manner of required delivery of the ordered goods; and
- 3. Information of the costs associated with the delivery of the goods (hereinafter together the “Order”).
4. Prior to filing the Order with the Seller, the Buyer may double check and modify the information entered by the Buyer in the Order, including an option on the part of the Buyer to identify and correct any errors made when entering any data in the Order. The Buyer dispatches the Order to the Seller by clicking the button “ORDER”. The Seller shall consider any data entered in the Order as correct. The Seller, without delay upon the delivery of the Order, shall confirm such delivery to the Buyer via electronic mail to the address entered by the Buyer in its User Interface or in the Order (hereinafter the “Buyer’s Electronic Address”).
5. The Seller may always request additional confirmation of such Order (for example, in writing or via telephone) depending on the nature of the Order (quantity of the goods, amount of the purchase price, presumed costs of transport).
6. The contractual relation between the Seller and the Buyer shall arise at the moment of the dispatch of the Order. The execution of the Order shall be accepted by way of a confirmation sent by the Seller to the Buyer via electronic mail to the Buyer’s Electronic Address.
7. The Buyer takes note that the Seller shall not be obligated to conclude any Purchase Agreements, including without limitation, with persons/entities that have previously breached in a material manner their duties towards the Seller.
8. The Buyer agrees with the application of remote communication means in the execution of Purchase Agreements. Any costs incurred by the Buyer in the application of such remote communication means in connection with the execution of Purchase Agreements (costs of Internet connection, telephone costs) shall be covered by the Buyer itself.
4. COSTS OF THE GOODS AND TERMS OF PAYMENT
1. The Buyer may choose to pay to the Seller the price for the goods as well as any potential costs related to the delivery of the goods under Purchase Agreements in any of the following manners:
- in cash at the Seller’s shops located at the following addresses: Vachova 44/8, Brno, Postal Code 602 00 / Benediktská 5, Praha 1, Postal Code 110 00;
- COD (cash-on-delivery), at a place as identified by the Buyer in the Order;
- by way of a credit transfer to the Seller’s account no. 275928799/0300, kept by ČSOB, a.s. (hereinafter the “Seller’s Account”);
- by way of a credit transfer via a payment system; on-line by a payment card;
- by way of a credit transfer by a payment card.
2. The Buyer shall also be obligated to pay to the Seller together with the purchase price all and any agreed costs of packaging and delivery of the goods. Unless explicitly specified otherwise, the purchase price shall also consist of all and any costs related to the delivery of the goods.
3. In the event of payments in cash or COD, the purchase price shall be paid and payable upon the delivery of the goods. In the event of credit transfers, the purchase price shall be paid and payable within 3 to 14 days (according to the individual terms and conditions agreed with the partner) of the delivery of the Order.
4. The Buyer, in the event of credit transfers, shall identify the payment of the purchase price for the goods by way of a variable symbol of the payment. In the event of credit transfers, the Buyer’s obligation to pay the purchase price shall be deemed as fulfilled upon the crediting of the relevant amount to the Seller’s Account.
5. The Seller may request, particularly if the Buyer fails to provide an additional confirmation of the Order (Article 3), the full payment of the purchase price prior to the dispatch of the goods to the Buyer.
6. Any potential discounts from the price of the goods provided by the Seller to the Buyer shall not be accumulated.
7. If such procedure can be considered as routine in business relations or if such procedure is stipulated in generally binding legislation, the Seller shall issue the Buyer with a tax invoice/invoice in respect of any payments under Purchase Agreements. The Seller has been registered for value added tax. The Seller shall issue the Buyer with such tax invoice/invoice upon the payment of the price for the goods, and the Seller shall send it in an electronic format to the Buyer’s Electronic Address.
5. WITHDRAWAL OF PURCHASE AGREEMENTS
1. The Buyer takes note that, pursuant to Section 1837 of Act no. 89/2012, Collection of Acts (“Coll.”), the Civil Code, as amended by further legislation (hereinafter the “Civil Code”), it is not possible to withdraw from Purchase Agreements for the deliveries of any goods adjusted to the Buyer’s order as well as of any goods that are subject to rapid destruction, wear or obsolescence, as well as from Purchase Agreements on the delivery of audio and video recordings and computer programs, if the consumer has violated their original packaging, and from Purchase Agreements for the delivery of newspapers, periodicals and magazines.
2. In cases other than those pursuant to Article 5 or any other cases where withdrawal from Purchase Agreements is not possible, the Buyer may withdraw from such Purchase Agreements pursuant to Section 1829 of the Civil Code within fourteen (14) days of the delivery of the goods. The Seller must be notified of such withdrawal from Purchase Agreements within fourteen (14) days of the delivery of the goods. The Buyer may also notify such withdrawal from Purchase Agreements, inter alia, to the following address of the Seller’s shop: Vachova 44/8, Brno, Postal Code 602 00.
3. In the event of any withdrawal from Purchase Agreements pursuant to Article 5 of the Commercial Terms and Conditions, such Purchase Agreements shall be deemed as cancelled from the beginning. The goods shall be returned to the Seller within 5 business days of the date of the notification of the withdrawal from Purchase Agreements sent to the Seller. The goods must be returned to the Seller undamaged and unused.
4. The Seller, within fifteen (15) days of the delivery of the goods returned by the Buyer pursuant to Article 5 of the Commercial Terms and Conditions, may carry out a review of the returned goods, in particular, in order to determine whether the returned goods have been damaged, worn or partially consumed.
5. In the event of any withdrawal from Purchase Agreements pursuant to Article 5 of the Commercial Terms and Conditions, the Seller shall refund to the Buyer the payments made by the Buyer within ten (10) days of the termination of the term for review of the goods pursuant to Article 5 of the Commercial Terms and Conditions, however, not later than within fourteen (14) days of the delivery of the notification of withdrawal from Purchase Agreements to the Buyer, by way of a credit transfer to an account identified by the Buyer. Also, the Seller may refund the payment made by the Buyer as early as upon the delivery of the goods returned by the Buyer.
6. The Buyer takes note that the Seller shall be entitled to damages to be paid by the Buyer for any losses incurred by the Seller if any of the goods returned by the Buyer have been damaged, worn or partially consumed. The Seller is entitled to offset unilaterally any claims against the Buyer’s claim for a refund of the purchase price.
7. The Seller, until the delivery and acceptance of the goods by the Buyer, may withdraw from Purchase Agreements at any time. In any such cases, the Seller shall refund Purchase Prices to the Buyer without any undue delay, by way of a credit transfer to the account as identified by the Buyer.
8. If a gift has been provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer shall be concluded with the resolutive condition that if the consumer should withdraw from the Purchase Agreement, such gift agreement shall become ineffective in respect of such a gift, and the Buyer shall return the gift to the Seller together with the goods.
6. GOODS SHIPPING AND DELIVERY
1. The manner of shipping of the goods shall be determined by the Seller, unless Purchase Agreements stipulate otherwise. If the manner of shipping of the goods has been requested by the Buyer, the Buyer shall bear any risks and any additional costs associated with such manner of shipping.
2. If the Seller is required under Purchase Agreements to deliver the goods to a place identified by the Buyer in the Order, the Buyer shall be required to accept the goods upon delivery. If the Buyer fails to accept the good upon delivery, the Seller may withdraw from the Purchase Agreement.
3. If, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in a manner different from what has been stipulated in the Order, the Buyer shall reimburse the Seller for any costs associated with such repeated delivery of the goods, and/or any costs associated with any such different manner of delivery.
4. The Buyer, upon receipt of the goods from the carrier, shall check the integrity of the packages of the goods, and in the event of any defects the Buyer shall notify the carrier thereof without undue delay. In the event of discovering any violation of the package indicating an unauthorized intrusion, the Buyer is not required to accept the shipment from the carrier. The Buyer shall confirm by signing the delivery note that the packaging of the consignment containing the goods has been intact.
5. Any additional rights and duties of the contracting parties regarding the goods shipment may be governed by special delivery terms and conditions of the Seller, if issued by the Seller.
6. The Seller shall process and dispatch the Order to the address as identified in the Order within 5 business days of the receipt of the Order, if the goods have been in stock; if the goods are not in stock, at the time when the goods are in stock. If the goods cannot be dispatched within such deadline, the operator shall notify the customer thereof to the e-mail address as identified in the Order.
7. LIABILITY FOR DEFECTS, WARRANTY
1. The rights and duties of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty, shall be governed by the relevant generally binding legislation (in particular Section 2158, et seq., of the Civil Code).
2. The Seller shall be liable to the Buyer that the items being sold comply with Purchase Agreements, in particular, that they are free of any defects. Compliance with Purchase Agreements means that the items being sold are of such quality and that they possess such utility properties required in Purchase Agreements, as specified either by the Seller, by the manufacturer or by its agent, or as expected on the basis of published advertisements, and/or such quality and utility properties usual in respect of the type of such items, that they meet the requirements of the law; that they has been supplied in corresponding quantities, to such extent or in such weight, and that they comply with the purpose that the Seller lists for use or for which such items are usually used.
3. If the items do not comply with Purchase Agreements upon their delivery to the Buyer (hereinafter “Contradiction to Purchase Agreement”), the Buyer is entitled to require that the Seller should make – free of charge and without undue delay – the items comply with Purchase Agreements, either by replacing the items or by repairing them as opted by the Buyer; if such a procedure is not possible, the Buyer may request a reasonable discount on the price of the items or the Buyer may withdraw from the Purchase Agreement. This provision shall not apply if the Buyer has been aware of the Contradiction to Purchase Agreement prior to accepting the items or if the Buyer itself caused such Contradiction to Purchase Agreement. Any Contradiction to Purchase Agreement occurring in the course of six (6) months of the delivery of the items shall be considered as Contradiction to Purchase Agreement existing as early as upon the delivery of the items, unless such notion is contrary to the nature of the matter or unless it is proven otherwise.
4. The Seller shall be liable for defects, with the exception of items that are quickly deteriorating or items used, that would occur as Contradictions to Purchase Agreement, following the acceptance of the items within the warranty period (warranty).
5. The Buyer’s rights resulting from the Seller’s liability for defects, including the Seller’s warranty, shall be exercised by the Buyer with the Seller at the address of its shop at Plotní 688/75, Brno, Postal Code 602 00. The moment when the Seller has received the claimed goods from the Buyer shall be deemed as the moment of the filing of the claim.
6. Any additional rights and duties of the contracting parties related to the Seller’s liability for defects shall be governed by the Seller’s Complaints Procedure.
8. ADDITIONAL RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
1. The Buyer shall acquire the ownership title to the goods by paying the purchase price for the goods in its entirety.
2. The Buyer takes note that the software and any other components comprising the Shop Web Interface (including photographs of the goods on offer) shall be protected by the copyright. The Buyer represents that it would not perform anything that would allow either itself or any third parties any unauthorised interventions into or any authorised utilisation of any software or any other components comprising the Shop Web Interface.
3. When making use of the Shop Web Interface, the Buyer shall not be authorised to employ any mechanisms, software or any other procedures that could affect the operation of the Shop Web Interface in any negative manner. The Shop Web Interface may only be employed to such extent that would not harm any rights of any other customers of the Seller and that complies with its purpose.
4. The Seller shall not be bound by any codes of conduct in relation to the Buyer, in the sense of Section 1826 of the Civil Code.
5. The Buyer takes note that the Seller shall not be liable for any errors occurring as a result of any interventions by any third parties in the Web Site or resulting from any uses of the Web Site contrary to its purpose.
6. Consumer disputes relating to Purchase Agreements shall be settled out-of-court by the Czech Trade Inspection (Česká obchodní inspekce), with its registered office at: Štěpánská 567/15, 120 00 Praha 2, Registration number: 00020869, web: https://www.coi.cz.
9. PROTECTION OF PERSONAL DATA AND BUSINESS COMMUNICATIONS
1. Protection of personal data belonging to the Buyer, that constitutes a natural person, is governed by Act no. 101/2000 Coll., on protection of personal data, as amended by further legislation.
2. The Buyer agrees with the processing of the following personal data of the Buyer: first name and surname, address of residence, identification number, tax identification number, electronic mail address, telephone number (all of that hereinafter together “Personal Data”).
3. The Buyer agrees with the processing of its Personal Data by the Seller for the purposes of implementing the rights and duties under Purchase Agreements, and for the purposes of keeping the User Accounts. Unless the Buyer chooses any other option, the Buyer agrees with the processing of its personal data by the Seller also for the purpose of delivering information and commercial communications to the Buyer. Such consent with the processing of Personal Data to the entire extent pursuant to the present Article shall not constitute any condition excluding in itself the conclusion of Purchase Agreements.
4. The Buyer takes note that its Personal Data (upon registration in its User Account, in Orders filed via the Shop Web Interface) must be correct and truthful and that it is obligated to inform the Seller of any changes of its Personal Data without any undue delay.
5. The Seller may authorise third parties to process Personal Data belonging to the Buyer. The Seller shall not disclose, without a prior consent from the Buyer, any Personal Data to any third parties, with the exception of persons/entities in charge of transporting the goods.
6. Personal Data will be processed for an indefinite term. Personal Data will be processed in the electronic format and in an automated manner or in a hard copy and in a non-automated manner.
7. The Buyer confirms that any Personal Data supplied have been accurate and that it has been duly advised that its Personal Data have been disclosed on a voluntary basis.
8. If the Buyer is of the opinion that the Seller or any other processor (Article 9) handle its Personal Data contrary to the principles of protection of private and personal life of the Buyer or contrary to the law, including without limitation, if such Personal Data are inaccurate in respect of the purpose of their processing, the Buyer is entitled:
- to seek an explanation from the Seller or from the processor;
- to request from the Seller or from the processor to put right such state of affairs. In particular, it may concern blocking, correcting, amendment or erasure of Personal Data. If the Buyer’s request pursuant to the previous sentence is ascertained as justified, the Seller or the processor shall remove without delay such defective state of affairs. Unless the Seller or the processor grant such request, the Buyer is entitled to seek assistance directly from the Office for Personal Data Protection. This provision shall be without prejudice to the Buyer’s entitlement to file its complaint directly with the Office for Personal Data Protection.
9. If the Buyer requests information about processing of its Personal Data, the Seller shall supply such information. The Seller shall be entitled to a reasonable payment for the provision of such information pursuant to the previous sentence, that would not exceed the costs of supplying such information.
10. The company named WolfGang concept s.r.o. has been registered with the Office for Personal Data Protection pursuant to Section 16 of Act no. 101/2000 Coll. See: www.uoou.cz.
10. BUSINESS COMMUNICATIONS AND STORING COOKIES
1. The Buyer agrees that the Seller may send information relating to the goods, services or the Seller’s business to the Buyer’s Electronic Address and the Buyer further agrees that the Seller may send the Seller’s business communications to the Buyer’s Electronic Address.
2. The Buyer agrees with the storing of so-called ‘cookies’ on its computer. If it is possible to perform purchases via the Web Site and to fulfil the Seller’s liabilities under Purchase Agreements without such storing of so-called ‘cookies’ on the Buyer’s computer, the Buyer may withdraw its consent pursuant to the previous sentence.
1. Unless agreed otherwise, all correspondence regarding Purchase Agreements must be delivered to the other contracting party in writing, namely, via electronic mail, by hand or by registered mail via the operator of postal services (at the option of the sender). Deliveries to the Buyer will be made to its electric mail address as identified in its User Account.
12. FINAL PROVISIONS
1. If the Buyer constitutes a consumer pursuant to Section 419 of Act no. 89/2012 Coll., any relations not covered by the present Terms and Conditions shall be governed by Act no. 89/2012 Coll. If the Buyer acts in ordering/purchasing the goods in its capacity of a business entity or in its capacity of a self-employed businessman, such relations not covered by the present Terms and Conditions shall be governed by Act no. 89/2012 Coll.; the provisions of Sections 2158 – 2174 shall not apply.
2. If any of their relations concerning the use of the Web Site or any legal relations under Purchase Agreements should contain any international (cross-border) elements, the parties agree that their relations shall be governed by Czech law. This provision shall be without prejudice to the rights of the consumer under the generally binding legislation.
3. The Seller shall be authorised to sell the goods under its business licence, and such activities pursued by the Seller shall not be subject to any other permits. Trade inspections shall be carried out by the relevant Trade Licensing Office within the scope of its competence.
4. If any of the provisions of the Commercial Terms and Conditions is or if it should become invalid or ineffective, any such invalid provisions shall be replaced by provisions as close a possible in their sense to the invalid provisions. Any such invalidity or ineffectiveness of any single provisions shall be without prejudice to validity of other provisions. Any modifications and amendments of Purchase Agreements or the present Commercial Terms and Conditions shall be made in writing.
5. The Purchase Agreement, including the present Commercial Terms and Conditions, shall be archived by the Seller in an electronic format, and it shall not be public.
6. The contact information of the Seller: the delivery address: Vachova 44/8, Brno, Postal Code 602 00; electronic mail address: info(at)wolfgangstore.cz; phone (+420)776776434.