Terms of Service
General Terms and Conditions
I.
Basic provisions
- 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
VAT ID: 06906508
VAT ID: CZ 06906508
located at: Petrohradská 216/3, Prague 10
registered at the Municipal Court in Prague, section H, insert 2102
contact details:
e-mail: help@gfbar.com
phone: 272101121
web: gfbar.com
(hereinafter referred to as "seller")
- 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 available at the internet address gfbar.com (hereinafter referred to as "online store").
- The provisions of the terms and conditions are an integral part of the purchase agreement. Deviations in the purchase agreement take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase agreement are concluded in the Czech language.
II.
Information about goods and prices
- Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the online store catalog. The prices of goods are stated including value added tax, all related fees, and costs for returning goods, if such goods by their nature cannot be returned by the usual postal route. The 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 contract under individually negotiated terms.
- All product presentation placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding this product.
- The online store provides information about the costs associated with packaging and delivering goods. Information about the costs associated with packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
- 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
- The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, costs for phone calls) are borne by the buyer himself. These costs are not different from the base rate.
- The buyer places an order for goods in the following ways:
- through their customer account, if they have previously registered in the online store,
- by filling out the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
- Before placing the order, the buyer is allowed to check and modify the information they have entered into the order. The buyer will send the order to the seller by clicking the Complete Order button. The data provided in the order is considered correct by the seller. The condition for the validity of the order is 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.
- Immediately upon 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 ordering process. This confirmation is automatic and is not considered a contract conclusion. The attachment to the confirmation includes the current terms and conditions of the seller. The purchase agreement is concluded only after the seller receives the order. The order confirmation is sent to the buyer's email address. / Immediately upon 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 ordering process. This confirmation is considered as the conclusion of the contract. The attachment to the confirmation includes the current terms and conditions of the seller. The purchase agreement is concluded by the seller confirming the order to the buyer's email address.
- If any of the requirements stated in the order cannot be fulfilled by the seller, 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 at the email address provided in these terms and conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notification of acceptance of the order from the seller. The buyer can cancel the order by phone at the phone number or email of the seller provided in these terms and conditions.
- 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 the order receipt according to these terms and conditions. The seller informs the buyer of the error without unnecessary delay and sends 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 sent to the seller's email address.
IV.
Customer account
- Based on the buyer's registration made 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.
- When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The information provided in the user account must be updated by the buyer 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.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The seller may cancel the user account, particularly in cases where the buyer has not used their user account for a longer period, or in cases where the buyer violates their obligations from the purchase agreement or these terms and conditions.
- The buyer acknowledges that the user account may not be available continuously, particularly with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
V.
Payment terms and delivery of goods
The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- by bank transfer to the seller's bank account no. 282300/5500, held at Raiffeisenbank Bank,
- cashless by payment card,
- cash on delivery upon receipt of goods,
- in cash or by credit card when picking up in the store,
- in cash or by credit card when picking up at the parcel collection point
- Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.
- In the case of payment via the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of a 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 bank account.
- The seller does not require any advance deposit or other similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not a deposit.
- According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to record the received revenue with the tax administrator online, in the event of a technical failure then no later than 48 hours.
- The goods are delivered to the buyer:
- to the address specified in the buyer's order
- through the parcel pickup point at the address of the pickup point specified by the buyer,
- personal collection at the seller's premises.
- The choice of delivery method is made during the ordering of goods.
- The costs of delivering goods depending on the method of dispatch and receipt of goods are stated in the buyer's order and in the order confirmation by the seller. In the event that the mode 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 mode of transport.
- If the seller is obliged under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In the event that, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than 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.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to report this immediately to the carrier. In the event of finding a breach of the packaging indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier.
- The seller will issue a tax document – invoice to the buyer. The invoice has been sent to the buyer's email address. / The invoice is attached to the delivered goods.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking possession of the goods.
- The responsibility for accidental destruction, damage, or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase agreement.
VI.
Withdrawal from the contract
- A buyer who has entered into a purchase agreement outside of their business activity as a consumer has the right to withdraw from the purchase agreement.
- The withdrawal period from the contract is 14 days
- from the day of receipt of the goods,
- from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
- from the day of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase agreement
- provision of services, if they were fulfilled with his prior explicit consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period from the contract,
- on the delivery of alcoholic beverages, which may be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
- on the delivery of goods that have been modified according to the buyer's wishes or for their person,
- the delivery of goods that are perishable, food, as well as goods that have been irrevocably mixed with other goods,
- the delivery of goods in a sealed package, which the buyer has removed from the package and for hygienic reasons cannot be returned,
- delivery of audio or video recordings or computer programs, if he has violated their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
- in other cases mentioned in § 1837 of the Civil Code.
- To meet the deadline for withdrawal from the contract, the buyer must send a declaration of withdrawal within the withdrawal period.
- To withdraw from the purchase agreement, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send 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 the receipt of the form to the buyer.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawing 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.
- If the buyer withdraws from the contract, the seller shall promptly return to him, no later than 14 days from the withdrawal from the contract, all monetary funds including delivery costs that he has received from him, and in the same manner. The seller will return the received monetary funds to the buyer in another way only if the buyer agrees to it and if it does not incur any additional costs for him.
- If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller will refund the buyer the delivery costs corresponding to the cheapest delivery method offered.
- 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 the goods have been sent to the seller.
- The goods must be returned by the buyer to the seller undamaged, unused, and unpolluted, and if possible, in the original packaging. 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.
- The seller is entitled to withdraw from the purchase agreement due to the exhaustion of stock, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has interrupted the production or import of the goods. The seller shall promptly inform the buyer via the email address provided in the order and shall return within 14 days from the notification of withdrawal from the purchase agreement all funds including delivery costs received from him based on the contract, using the same method, or a method specified by the buyer.
VII.
Rights from defective performance
- 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 took over the goods
- the goods have the properties that the parties agreed upon, and if there is no agreement, it has 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 carried out by them,
- is suitable for the purpose that the seller states for its 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,
- is goods in the corresponding quantity, measure or weight and
- The goods comply with the requirements of legal regulations.
- The seller has obligations for defective performance at least to the extent that the obligations for defective performance of the manufacturer continue. The buyer is otherwise entitled to assert a right for defects that occur in consumer goods within twenty-four months from receipt.
- If the period during which the goods can be used is stated on the sold goods, on its packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on quality warranty shall apply. The seller guarantees that the goods will be suitable for use for their usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has legitimately pointed out a defect in the goods to the seller, the period for asserting rights from defective performance and the warranty period do not run for the time during which the buyer cannot use the defective goods.
- The provisions stated in the previous paragraph of the terms and conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to a right for defective performance if, before taking over the goods, he knew that the goods had a defect, or if the defect was caused by the buyer himself.
- In the event of a defect, the buyer may submit a complaint to the seller and request
- exchange for new goods,
- goods repair,
- a reasonable discount from the purchase price,
- withdrawal from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if it cannot properly use the item due to a repeated occurrence of a defect or defects after repair,
- in the case of a larger number of defects in the goods.
- A significant breach of contract is one that the breaching party knew or should have known at the time of entering into the contract would lead the other party not to enter into the contract had it anticipated this breach.
- In the case of a defect that constitutes a non-material 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 a reasonable discount on the purchase price.
- 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 (generally at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, exchange the goods, or withdraw from the contract.
- When making a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller's consent is only possible if the buyer has requested a repair of a defect that turns out to be irreparable. If the buyer does not exercise their right due to a substantial breach of contract in a timely manner, they have rights similar to those in the case of a non-substantial breach of contract.
- If repair or replacement of the goods is not possible, based on the withdrawal from the contract, the buyer may request a full refund of the purchase price.
- If the seller proves that the buyer was aware of the defect in the goods before taking possession or caused it themselves, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot claim a discount on goods for the reason for which the goods are discounted.
- The seller is obliged to accept a complaint at any establishment where the acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair performed and the duration of it, or a written justification for the rejection of the complaint.
- The seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. The period necessary for the expert assessment of the defect, depending on the type of product or service, is not included in this time limit. Complaints, including the removal of defects, must be processed without delay, no later than 30 days from the date of the complaint submission, unless the seller and the buyer agree on a longer period. The expiration of this deadline is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase agreement. The moment of filing a complaint is considered to be the moment when the buyer's expression of will (assertion of rights from defective performance) reaches the seller.
- The seller informs the buyer in writing about the outcome of the complaint.
- The buyer is not entitled to a right from defective performance if the buyer knew that the item had a defect before taking possession of it, or if the buyer caused the defect himself.
- In the case of a justified complaint, the buyer has the right to reimbursement of the purposefully incurred costs arising in connection with the assertion of 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.
- The buyer has the choice of the method of complaint.
- 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
- The contracting parties may deliver all written correspondence to each other via electronic mail.
- 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
- All information provided by the buyer when 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 in any way other than for the purpose of 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 at any time in a simple way (by sending a letter, email, or clicking on a link in the commercial message). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
IX.
Out-of-court dispute resolution
- For out-of-court resolution of consumer disputes arising from a purchase contract, the competent authority is the Czech Trade Inspection Authority located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase agreement.
- 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. of the European Parliament and of the Council. 524/2013 of May 21, 2013, on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
- The seller is authorized to sell goods based on a trade license. The relevant trade office conducts business inspections within its jurisdiction. The Czech Trade Inspection supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.
X.
Final provisions
- All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship based on 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 consumers arising from generally binding legal regulations.
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of § 1826 paragraph. 1 letter e) of the Civil Code.
- All rights to the seller's websites, especially copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. 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 interventions in the online store or as a result of its use contrary to its intended purpose. The buyer may not use procedures when utilizing the online store that could negatively affect its operation and may not engage in any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components that make up the online store, and use the online store or its parts or software in a manner that would be contrary to its designation or purpose.
- The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- 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.
- The attachment 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