TERMS AND CONDITIONS
of legal entity
RICOM gas, s.r.o.
with registered office at Na Bělidle 1135, 460 06 Liberec
Company registration number: 254 14 852
registered in the Official Register, file C 16655 kept by the Regional Court in Ústí nad Labem
for the sale of goods through an online shop at the Internet address
1.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the legal entity RICOM gas, s.r.o., with registered office at Na Bělidle 1135, 460 06 Liberec, company registration number: 254 14 852, registered in the Official Register, file C 16655 kept by the Regional Court in Ústí nad Labem (hereinafter referred to as “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code”), the mutual rights and obligations of the contracting parties arising out of or in connection with the Purchase Contract (hereinafter referred to as “Purchase Contract”) concluded between the seller and another person (hereinafter referred to as “Buyer”) via the seller's internet shop (e-shop). The e-shop is operated by the seller on a website www.ricomgas.cz (hereinafter referred to as “Website”) through the web interface (hereinafter referred to as “Web interface of the shop”).
1.2 Some provisions of the Terms and Conditions apply only to the sale of goods to consumers, i.e. to natural persons who do not order goods as part of the business activity or self-employment performance. For those who order goods in the course of their business activity or self-employment performance, those GTC provisions that apply exclusively to the Consumer do not apply.
1.3 Provisions differing from the terms and conditions may be negotiated in the purchase contract. Different provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 Terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5 The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6 Seller's goods are not intended for persons under 16 years of age.
2.1 All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
2.2 The shop's web interface contains information about the goods, including the prices of individual goods. Product prices are quoted without and with VAT, including any related fees. Product prices remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms.
2.3 The shop's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases when the goods are delivered within the territory of the Czech Republic, when shipping to other states, the shipping price is specified in the prepayment invoice for each individual business case.
2.4 To order the goods, the buyer completes the order form in the web interface of the shop. The order form contains information about:
2.4.1 ordered goods (the buyer “adds” the ordered goods into the electronic bag of the web interface of the shop),
2.4.2 the payment method of the goods purchase price, details of the required delivery method of ordered goods and
2.4.3 information on the costs associated with the goods delivery (collectively referred to as “Order”).
2.5 Before sending the order to the seller, the buyer is allowed to check and change the data that he has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The buyer sends the order to the seller by clicking on the “send order” button. The seller considers the data in the order to be correct. Upon the receipt of the order, the seller will send a confirmation of the order receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the order (hereinafter referred to as “Buyer's electronic address”).
2.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.7 The contractual relationship between the seller and the buyer arises after the delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's electronic address.
2.8 The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, and these costs do not differ from the basic rate.
3.1 The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
3.1.1 in cash on delivery at the place specified by the buyer in the order
3.1.2 in cash in the seller's warehouse
3.1.3 by wire transfer to seller's account No. 1805806073/0300, maintained by Československá Obchodní Banka, a.s. (hereinafter referred to as “seller's account”);
3.2 Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless otherwise specified, the purchase price means also the costs associated with the delivery of the goods.
3.3 The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of GTC concerning the obligation to pay the purchase price of the goods in advance.
3.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
3.5 In the case of direct debit, the buyer is required to pay the purchase price of the goods with the variable payment symbol. In the case of direct debit, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
3.6 The Seller is entitled, especially if the buyer does not send an additional confirmation of the order (Article 3.6), to request the payment of the full purchase price before the goods are dispatched to the buyer. Section 2119 (1) of the Civil Code does not apply.
3.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.8 If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - the seller will issue the invoice to the buyer after the payment of the price of the goods and send it in electronic form to the buyer's electronic address or in a paper form with a shipment.
4.1 In accordance with the provisions of Section 1829 (1) of the Civil Code, the consumer is entitled to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; if several types of goods or the delivery of several parts are subject of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the seller within the time limit specified in the previous sentence. The withdrawal from the purchase contract may be also sent by the consumer to the address of the seller's place of business or e-mail address firstname.lastname@example.org.
4.2 In the case of withdrawal from the purchase contract, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within 14 (fourteen) days of the withdrawal from the contract. If the consumer withdraws from the purchase contract, he shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to the character by the normal postal route.
4.3 In the event of withdrawal under Article 4.2 of the Terms and Conditions, the seller shall return the funds received from the consumer within fourteen (14) days of withdrawal from the purchase contract in the same way as the seller has accepted it from the consumer. The seller is also entitled to return the supplies provided by the buyer upon return of the goods by the buyer or otherwise, provided the buyer agrees and does not incur additional costs. 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 shows that the goods have been dispatched to the seller.
4.4 The seller is entitled to unilaterally offset the claim for damages on the goods against the buyer's claim for repayment of the purchase price.
4.5 Until the receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by wire transfer to the buyer's account.
4.6 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift agreement ceases, and the buyer is obliged to return the goods together with the provided gift to the seller.
4.7 The buyer notes that under Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the delivery of perishable goods, and also the goods which was after the delivery irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer took out from the packaging and for hygienic reasons it cannot be returned and from the purchase contract for the supply of a sound or image recording or a computer program, if he damaged the original packaging
4.8 A buyer who is not a consumer may withdraw from the sales contract if the seller has violated the purchase contract in a substantial way.
5.1 If the transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this means of transport.
5.2 If the seller is obliged, according to the purchase contract, 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.
5.3 If, for the reason on the side of the buyer, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associatedwith the repeated delivery of the goods or the costs associated with another delivery method.
5.4 Upon receipt of the goods from the carrier, the buyer is obliged to check that the packaging of the goods is not damaged and, in the event of any defects, to notify the carrier without undue delay. If the packaging is damaged and shows unauthorized entry into the consignment, the buyer is not obliged to accept the delivery of the consignment from the carrier.
5.5 Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms, if they are issued by the seller.
6.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
6.2 The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
6.2.1 the goods have characteristics that the parties have negotiated, and, in the absence of an agreement, the goods have such characteristics as the seller or the manufacturer described or which the buyer expects with regard to the nature of the goods and the advertising of the seller or manufacturer,
6.2.2 the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
6.2.3 the goods correspond to the quality or design of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
6.2.4 the goods are in the appropriate quantity, size or weight and
6.2.5 the goods comply with legal requirements.
6.3 The provisions of Article 6.2 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, to the wear and tear of goods caused by normal use, to used goods with a defect corresponding to the degree of use or wear which the goods had at the time of takeover by the buyer, or if it results from the nature of the goods.
6.4 If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right from a defect that occurs on consumer goods within twenty-four months of the takeover.
6.5 Rights from defective performance are claimed by the buyer at the seller's place of business where acceptance of the claim is possible with regard to the range of goods sold, eventually atthe registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
6.6 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
7.1 Based on buyer's registration made on a website, the buyer can access his user interface. From his user interface, the buyer can order the goods (hereinafter referred to as “User account”). If the web interface of the shop allows, the buyer can also order goods without registration directly from the web interface of the shop.
7.2 When registering on a web page and ordering goods, the buyer is obliged to indicate correct and truthful data. The buyer shall update the data given in the user account upon any change. Data provided by the buyer in the user account and when ordering the goods are considered by the seller to be correct.
7.3 Access to the user account is secured by user name and password. The buyer is required to maintain confidentiality regarding the information necessary to access his user account.
7.4 The buyer is not authorized to allow the use of the user account to third parties.
7.5 The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract (including terms and conditions).
7.6 The buyer acknowledges that the user account may not be available continuously, particularly regarding the necessary maintenance of the hardware and software equipment of the seller, or the necessary maintenance of third-party hardware and software.
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) of the Civil Code.
8.3 Out-of-court complaint handling of consumers is ensured by the seller through an electronic address email@example.com. The seller will send information about the buyer's complaint to the buyer's electronic address.
8.4 The seller is authorized to sell the goods on the basis of a trade license. The trade inspection is carried out within the scope of the competence by the relevant Trade Licensing Office. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things and to a limited extent, the supervision of the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, CRN: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.6 European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EC) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Dispute Resolution online).
8.7 The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9.2 The seller sends a business communication with the offer of related goods or services to the buyer's electronic address (business customer communication). The email address is processed as a personal data in accordance with the GDPR to send business messages based on the seller's legitimate interest. The buyer may unsubscribe at any time from the subscription of the business communication.
9.3 The seller uses so-called cookies, which can be stored on the end device when a valid consent is given.
10.1 The buyer can have the delivery to the buyer's electronic address.
11.1 If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2 The contracting parties agree that, in order to resolve any disputes arising out of this contract, where an international element is present, the courts of the Czech Republic shall be locally competent, locally designated by the seat of the Seller. This does not affect the rights of consumers under special regulations.
11.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.4 The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.5 Contact details of the seller: delivery address RICOM gas, s.r.o., e-mail address firstname.lastname@example.org, telephone +420 487 751 070.
11.6 The contracting parties have expressly stated that they have been fully acquainted with these Terms and Conditions and have unreservedly agreed with them.