Terms of Service

 

General Terms and Conditions

I.

Basic Provisions

  1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code")

 

Light In Space SE

Company ID: 06906508

Tax ID: CZ 06906508

with registered office at: Petrohradská 216/3, Prague 10

registered at the Municipal Court in Prague, Section H, Insert 2102                     

Contact details:

Email: help@gfbar.com

Phone: 272101121

Website: gfbar.com

(hereinafter referred to as "seller")

 

  1. These terms and conditions govern the mutual rights and obligations of the seller and the individual who enters into a purchase agreement outside of their business activity as a consumer, or within their business activity (hereinafter referred to as: "buyer") through the web interface located on the website accessible at the internet address gfbar.com (hereinafter referred to as "online store").
  2. The provisions of these terms and conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.
  3. These terms and conditions and the purchase agreement are concluded in the Czech language.

 

II.

Information about Goods and Prices

  1. Information about goods, including the prices of individual items and their main characteristics, is provided for each item in the online store catalog. Prices of goods are stated including value-added tax, all related fees, and costs for returning goods, if such goods cannot be returned by regular postal means due to their nature. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually agreed conditions.
  2. All presentations of goods placed in the online store catalog are for informational purposes, and the seller is not obliged to conclude a purchase agreement regarding these goods.
  3. The online store publishes information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods stated in the online store applies only when the goods are delivered within the territory of the Czech Republic.
  4. Any discounts on the purchase price of goods cannot be combined unless the seller agrees otherwise with the buyer.

 

III.

Order and Conclusion of the Purchase Agreement

  1. 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. These costs do not differ from the basic rate.
  2. The buyer places an order for goods in the following ways:
  3. through their customer account, if they have previously registered in the online store,
  4. by filling out the order form without registration.
  5. When placing an order, the buyer selects the goods, the quantity of goods, the method of payment, and delivery.
  6. Before sending the order, the buyer is allowed to check and change the information they have entered into the order. The buyer sends the order to the seller by clicking the Complete Order button. The information provided in the order is considered correct by the seller. The validity of the order is conditioned upon the completion of all mandatory information in the order form and the buyer's confirmation that they have familiarized themselves with these terms and conditions.
  7. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order process. This confirmation is automatic and does not constitute a conclusion of the contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase agreement is concluded only after the seller has accepted the order. Notification of the acceptance of the order is delivered to the buyer's email address. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order process. This confirmation is considered a conclusion of the contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase agreement is concluded by the seller's confirmation of the order sent to the buyer's email address.
  8. In the event that the seller cannot fulfill any of the requests stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller's email address provided in these terms and conditions.
  9. All orders received by the seller are binding. The buyer may cancel the order until the notification of acceptance of the order by the seller is delivered to them. The buyer can cancel the order by phone at the phone number or email of the seller provided in these terms and conditions.
  10. In the event of an obvious technical error on the part of the seller when stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without unnecessary delay and will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance to the seller's email address.

 

IV.

Customer Account

  1. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
  2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all information accurately and truthfully. The buyer is required to update the information provided in their user account whenever there are any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
  3. Access to the customer account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
  4. The buyer is not authorized to allow third parties to use their customer account.
  5. The seller may cancel the user account, especially if the buyer has not used their user account for a long time, or if the buyer violates their obligations from the purchase agreement or these terms and conditions.
  6. The buyer acknowledges that the user account may not be available continuously, particularly due to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of third-party hardware and software.

 

V.

Payment Terms and Delivery of Goods

The buyer can pay for the goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:

  • by bank transfer to the seller's account number 282300/5500, held at Raiffeisenbank Bank,
  • by credit card payment,
  • by cash on delivery upon receipt of the goods,
  • in cash or by credit card when picking up in person at the establishment,
  • in cash or by credit card when picking up at the parcel collection point.
  1. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with 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.
  2. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.
  3. In the case of payment via a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
  4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
  5. The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before the shipment of the goods is not considered an advance payment.
  6. 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 event of a technical failure, no later than within 48 hours.
  7. The goods are delivered to the buyer:
  • to the address specified by the buyer in the order
  • via a parcel collection point at the address designated by the buyer,
  • by personal pickup at the seller's establishment.
  1. The choice of delivery method is made during the ordering of goods.
  2. The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation from the seller. 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.
  3. If the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner different from that stated in the order, the buyer is obliged to cover the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
  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 to the carrier without delay. In the event of finding a damaged package indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier.
  5. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address. / The tax document is attached to the delivered goods.
  6. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods.
  7. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in violation of the purchase agreement.

 

VI.

Withdrawal from the Contract

  1. A buyer who has concluded a purchase agreement outside of their business activity as a consumer has the right to withdraw from the purchase agreement.
  2. The withdrawal period is 14 days.
  • from the day of receipt of the goods,
  • from the day of receipt of the last delivery of goods, if the contract involves several types of goods or the delivery of several parts,
  • from the day of receipt of the first delivery of goods, if the contract involves regular repeated delivery of goods.
  1. The buyer cannot withdraw from the purchase agreement, among other things,
  • for the provision of services if they have been fulfilled with their prior explicit consent before the withdrawal period has expired and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
  • for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages that may be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
  • for the delivery of goods that have been modified according to the buyer's wishes or for their person,
  • for the delivery of goods that are subject to rapid deterioration, foodstuffs, as well as goods that have been irreversibly mixed with other goods after delivery,
  • for the delivery of goods in a sealed package that the buyer has unsealed and for hygienic reasons cannot be returned,
  • for the delivery of sound or video recordings or computer programs if their original packaging has been violated,
  • for the delivery of newspapers, periodicals, or magazines,
  • for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the buyer's prior explicit consent before the withdrawal period expired, and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
  • in other cases specified in § 1837 of the Civil Code.
  1. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
  2. To withdraw from the purchase agreement, the buyer may use the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase agreement to the email or delivery address of the seller specified in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.
  3. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract. 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. If the buyer withdraws from the contract, the seller will promptly return, no later than within 14 days from the withdrawal from the contract, all funds received from the buyer, including delivery costs, using the same method. The seller will return the received funds to the buyer in another way only if the buyer agrees and it does not incur additional costs for them.
  5. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will return the delivery costs to the buyer in an amount corresponding to the cheapest delivery method offered.
  6. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that they have sent the goods back to the seller.
  7. The buyer must return the goods to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally offset any claims for damages incurred on the goods against the buyer's claim for the return of the purchase price.
  8. The seller is entitled to withdraw from the purchase agreement due to the exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier has ceased production or import of the goods. The seller will promptly inform the buyer via the email address provided in the order and will return all funds received from the buyer, including delivery costs, within 14 days from the notification of withdrawal from the purchase agreement, using the same method or a method specified by the buyer.

 

VII.

Rights from Defective Performance

  1. 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:
  • the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have the properties that the seller or manufacturer described or that the buyer expected considering the nature of the goods and based on the advertising they conducted,
  • the goods are suitable for the purpose that the seller indicates for their use or for which goods of this kind are usually used,
  • 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,
  • the goods are in the appropriate quantity, measure, or weight, and
  • the goods meet the requirements of legal regulations.
  1. The seller's obligations regarding defective performance are at least to the extent that the manufacturer's obligations regarding defective performance last. Otherwise, the buyer is entitled to assert a right for a defect that occurs in consumer goods within twenty-four months from receipt.
  2. If the sold goods, their packaging, the instructions attached to the goods, or the advertising indicate a period during which the goods can be used in accordance with other legal regulations, the provisions on quality warranty shall apply. The quality warranty means that the seller commits that the goods will be suitable for use for their usual purpose for a certain period or that they will retain usual properties. If the buyer has justifiably pointed out a defect in the goods to the seller, the period for asserting rights from defective performance or the warranty period does not run for the time during which the buyer cannot use the defective goods.
  3. The provisions stated in the previous paragraph 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 caused by normal use of the goods, for used goods 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. The right from defective performance does not belong to the buyer if they knew that the goods had a defect before receiving them, or if the buyer caused the defect themselves.
  4. In the event of a defect, the buyer may submit a complaint to the seller and request
  • a replacement with new goods,
  • a repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.
  1. The buyer has the right to withdraw from the contract,
  • if the goods have a substantial defect,
  • if the buyer cannot properly use the item due to a repeated occurrence of a defect or defects after repair,
  • in the case of a greater number of defects in the goods.
  1. A substantial breach of contract is such a breach that the party violating the contract knew or should have known at the time of concluding the contract that the other party would not have entered into the contract had they anticipated this breach.
  2. In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to have the defect removed or to receive a reasonable discount on the purchase price.
  3. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (typically at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, a replacement of the goods, or to withdraw from the contract.
  4. When submitting a complaint, the buyer is obliged to inform the seller of the right they have chosen. Changing the choice without the seller's consent is only possible if the buyer requested a repair of a defect that turns out to be non-removable. If the buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.
  5. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
  6. If the seller proves that the buyer knew about the defect in the goods before receipt or caused it themselves, the seller is not obliged to comply with the buyer's claim.
  7. The buyer cannot complain about discounted goods for the reason for which the goods were discounted.
  8. The seller is obliged to accept the complaint at any establishment where the acceptance of complaints is possible, or at their registered office or place of business. The seller must issue a written confirmation to the buyer stating when the buyer exercised their right, what the content of the complaint is, and what method of resolution the buyer requests, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
  9. The seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase agreement. The moment of exercising the complaint is considered the moment when the buyer's expression of will (assertion of the right from defective performance) reaches the seller.
  10. The seller will inform the buyer in writing about the outcome of the complaint.
  11. The buyer does not have the right from defective performance if they knew that the item had a defect before receiving it, or if the buyer caused the defect themselves.
  12. In the case of a justified complaint, the buyer has the right to reimbursement of the reasonably incurred costs associated with asserting the complaint. The buyer can assert this right with the seller within one month after the warranty period has expired; otherwise, the court may not grant it.
  13. The buyer has the choice of how to make the complaint.
  14. The rights and obligations of the contracting parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No.634/1992 Coll., on Consumer Protection.

VIII.

Delivery

  1. The contracting parties may deliver all written correspondence to each other via electronic mail.
  2. The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.

 

IX.

Personal Data

  1. All information that the buyer provides while cooperating with the seller is confidential and will be treated as such. If the buyer does not give the seller written consent, the seller will not use the buyer's data for any purpose other than fulfilling the contract, except for the email address, to which commercial messages may be sent, as this procedure is permitted by law unless expressly rejected. These messages may only relate to similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, email, or clicking on a link in the commercial message). The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the parties.

  

IX.

Out-of-Court Dispute Resolution

  1. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, is responsible for out-of-court resolution of consumer disputes arising from the purchase agreement, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
  2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. The seller is authorized to sell goods based on a trade license. The relevant trade office conducts trade supervision within its jurisdiction. The Czech Trade Inspection Authority supervises compliance with Act No.634/1992 Coll., on Consumer Protection.

 

X.

Final Provisions

  1. All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
  2. The seller is not bound by any codes of conduct in relation to the buyer as per § 1826 paragraph 1 letter e) of the Civil Code. All rights to the seller's website, especially copyright to the content, including the layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller.
  3. It is prohibited to copy, modify, or otherwise use the website or any part of it without the seller's consent. The seller is not responsible for errors arising from third-party interference with the online store or from its use contrary to its intended purpose.
  4. The buyer must not use procedures that could negatively affect the operation of the online store and must not engage in any activity that could allow them or third parties to unlawfully interfere with or unlawfully use the software or other components of the online store and use the online store or its parts or software in a manner that is contrary to its intended purpose. The buyer hereby assumes the risk of change of circumstances in accordance with § 1765 paragraph.
  5. The buyer hereby assumes the risk of change in circumstances within the meaning of Section 1765 paragraph. 2 of the Civil Code.
  6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
  8. Attached to the terms and conditions is a sample form for withdrawal from the contract.

  

These terms and conditions come into effect on the 1st.6.2021

Light In Space SE

gfbar.com