Terms and Conditions

These General Terms and Conditions ("Terms") of Galochrom s.r.o., with registered office at Jankovcova 1114/23, Holešovice, 170 00 Prague 7, ID No. 19809638, registered in the Commercial Register under file No. C 391972 kept by the Municipal Court in Prague, email michal@galochrom.cz, telephone number +420723512890 ("We" or "Seller"), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase agreement ("Agreement") concluded through the E-shop on the website http://shop.galochrom.cz/.

All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here https://shop.galochrom.cz/privacy-policy-terms/.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech or English language. We reserve the right to unilaterally amend or supplement the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms.

As you are aware, we primarily communicate remotely. Therefore, for our Agreement, means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of us and you, and the Agreement is thus concluded remotely through the interface of the website ("web interface of the E-shop").

If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase on our E-shop, this specific agreement shall prevail over the Terms.

I. SOME DEFINITIONS

1. Price is the financial amount that you will pay for the Goods;

2. Shipping cost is the financial amount that you will pay for the delivery of the Goods, including the cost of packaging;

3. Total price is the sum of the Price and the Shipping cost;

4. VAT is the value-added tax according to applicable legal regulations;

5. Invoice is a tax document issued in accordance with the value-added tax law on the Total price;

6. Order is your irrevocable offer to conclude a purchase agreement for the Goods with us;

7. User account is an account created based on the information provided by you, allowing the storage of entered data and keeping a history of ordered Goods and concluded Agreements;

8. You are the person purchasing on our E-shop, legally referred to as the buyer;

9. Goods are everything that you can purchase on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

1. Purchase of Goods is only possible through the web interface of the E-shop.

2. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. Therefore, the information you have provided to us when ordering the Goods will be considered correct and truthful.

III. CONTRACT CONCLUSION

1. The contract with Us can only be concluded in Czech and English language.

2. The contract is concluded remotely through the E-shop, with the costs of using remote communication means borne by You. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use remote communication means.

3. In order to conclude the contract, you need to create a draft Order on the E-shop. This draft must contain the following information:

   a) Information about the Goods being purchased (on the E-shop, you designate the Goods you are interested in purchasing by clicking the "Add to Cart" button);

   b) Information about the Price, Shipping Price, method of payment of the Total Price, and the desired method of Goods delivery; this information will be entered as part of the Order creation process within the E-shop user interface, with information about the Price, Shipping Price, and Total Price being automatically provided based on the Goods you selected and the method of delivery;

   c) Your identification and contact details for the purpose of delivering the Goods, especially your name, surname, delivery address, telephone number, and email address;

   d) In the case of a Contract under which We will be regularly and repeatedly supplying Goods to You, also information about how long We will be delivering the Goods to You.

4. During the creation of the draft Order, You can modify and check the data until it is created. After verifying by clicking the "Order Binding Payment" button, you create the Order. However, before clicking the button, you must confirm your familiarity with and consent to these Terms, otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. After clicking the "Order Binding Payment" button, all filled-in information will be sent directly to Us.

5. We will confirm Your Order as soon as possible after receiving it by sending a message to Your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. Confirmation of the Order from Our side constitutes the conclusion of the Contract between Us and You. The Terms effective on the date of the Order form an integral part of the Contract.

6. There may be cases where We cannot confirm Your Order. This particularly applies to situations where the Goods are not available or cases where You order a greater number of units of Goods than We allow. However, We will always provide You with information about the maximum number of Goods available within the E-shop in advance, so it should not be surprising to You. If for any reason We cannot confirm the Order, We will contact You and send You an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded when You confirm Our offer.

7. If an obviously incorrect Price is stated within the E-shop or in the draft Order, We are not obliged to deliver the Goods to You at this Price, even if You have received an Order confirmation, thus the Contract has been concluded. In such a situation, We will promptly contact You and send You an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded when You confirm Our offer. Failure to confirm Our offer within 3 days of its dispatch gives Us the right to withdraw from the concluded Contract. A clearly incorrect Price includes, for example, a situation where the Price does not correspond to the usual price with other sellers or where a digit is missing or excessive.

8. In the event of the conclusion of the Contract, You are obliged to pay the Total Price.

9. If You have registered a User Account, You can place an Order through it. However, You still have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating the Order is identical to the case of a buyer without a User Account, but the advantage is that You do not need to repeatedly fill in Your identification data.

10. In some cases, We allow a discount to be used for the purchase of Goods. To provide the discount, You need to fill in the discount information within the draft Order into the designated field. If You do so, the Goods will be provided to You at a discounted price.

IV. USER ACCOUNT

1. Based on Your registration within the E-shop, You can access Your User Account.

2. When registering a User Account, it is Your obligation to provide correctly and truthfully all entered data and to update it in case of changes.

3. Access to the User Account is secured by a username and password. It is Your obligation to maintain confidentiality regarding these access details and not to provide them to anyone. If they are misused, We bear no responsibility for it.

4. The User Account is personal, and You are not authorized to allow its use to third parties.

5. We may cancel Your User Account, especially if You do not use it for more than 12 months or if You violate Your obligations under the Contract.

6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHTS

1. The Price is always stated within the E-shop, in the draft Order, and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be the same as the price in the Contract. The draft Order also states the Shipping Price, or conditions when shipping is free.

2. The Total Price is stated including VAT, including all fees set by law.

3. We will require payment of the Total Price from You after the conclusion of the Contract and before the delivery of the Goods. You can make payment of the Total Price by the following methods:

   a) Bank transfer. Payment instructions will be sent to You as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 14 days.

   b) Online card payment. In such a case, the payment is processed through the Shoptet Pay payment gateway, with payment being subject to the terms of this payment gateway, which are available at: https://shop.galochrom.cz/terms-and-conditions/. In the case of online card payment, the Total Price is due within 15 minutes.

4. An invoice will be issued in electronic form after the Total Price has been paid and will be sent to Your email address. The invoice will also be physically attached to the Goods and available in the User Account.

5. Ownership of the Goods passes to You only after You have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, and in other cases, it is paid at the time of payment execution.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

1. The goods will be delivered to you in the manner of your choice, and you can choose from the following options:

a) Personal pickup at GLS, FedEx, DPD pick-up points;

b) Delivery via GLS, FedEx, DPD courier services;

2. Goods can only be delivered within European countries.

3. The delivery time of the goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the goods will be provided to you in the order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at the branch, you will always be informed of the possibility of picking up the goods via email.

4. Upon receipt of the goods from the carrier, it is your obligation to check the integrity of the goods' packaging, and in case of any defects, to notify the carrier and us immediately. If there is any damage to the packaging indicating unauthorized handling and entry into the shipment, it is not your obligation to accept the goods from the carrier.

5. In the event that you fail to fulfill your obligation to accept the goods, except in cases under clause VI.4. of the Terms and Conditions, it does not constitute a breach of our obligation to deliver the goods to you. Furthermore, your failure to accept the goods does not constitute a withdrawal from the contract between us and you. However, in such a case, we have the right to withdraw from the contract due to your material breach of the contract. If we decide to exercise this right, the withdrawal is effective on the day we notify you of this withdrawal. Withdrawal from the contract does not affect the right to payment of the delivery price or the right to compensation for any damage incurred.

6. If, due to reasons arising on your side, the goods are delivered repeatedly or in a different way than agreed in the contract, it is your obligation to reimburse us for the costs associated with such repeated delivery. We will provide you with payment details for these costs to your email address provided in the contract, and they are due within 14 days from the delivery of the email.

7. The risk of damage to the goods passes to you at the moment you take possession of them. In the event that you do not accept the goods, except in cases under clause VI.4 of the Terms and Conditions, the risk of damage to the goods passes to you at the moment when you had the opportunity to accept them, but due to reasons on your side, acceptance did not occur. The transfer of the risk of damage to the goods means that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the goods.

8. If the goods were not listed as in stock on the E-shop and an estimated availability time was provided, we will always inform you in case of:

a) extraordinary production outage of the goods, in which case we will always provide you with a new expected availability time or information that the goods cannot be delivered;

b) delay in delivery of the goods from our supplier, in which case we will always provide you with a new expected delivery time.

9. If we are unable to deliver the goods to you even within 30 days from the expiration of the delivery time of the goods stated in the order confirmation, for any reason, both we and you are entitled to withdraw from the contract.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of transfer of the risk of damage to the goods under clause VI.7 of the Terms and Conditions, the goods are free from defects, especially that:

a) they have the characteristics that we agreed with you, and if they were not expressly agreed upon, then such characteristics that we have stated in the description of the goods, or such characteristics that can be expected with regard to the nature of the goods;

b) they are suitable for the purposes that we specified or for the purposes that are usual for goods of this type;

c) they correspond to the quality or performance of the agreed sample, if the quality or performance was determined according to the sample;

d) they are in the appropriate quantity and weight;

e) they meet the requirements imposed on them by legal regulations;

f) they are not encumbered with the rights of third parties.

2. Rights and obligations regarding rights arising from defective performance are governed by the relevant mandatory legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

3. In the event that the goods have a defect, especially if any of the conditions under clause VII.1 are not met, you can notify us of such defect and assert your rights arising from defective performance (i.e., lodge a complaint about the goods) by sending an email or letter to our addresses provided in our identification details. When asserting the right arising from defective performance, you must choose how you want the defect to be resolved, and this choice cannot be subsequently changed without our consent, except in cases under clause 7.4. We will handle the complaint in accordance with the right of defective performance you have claimed. If you do not choose a defect resolution, you have the rights under clause 7.5 even in situations where defective performance was a material breach of the contract.

4. If defective performance is a material breach of the contract, you have the following rights:

a) for the defect to be remedied by the delivery of new defect-free goods or by the delivery of the missing part of the goods;

b) for the defect to be remedied by repairing the goods;

c) for a reasonable price reduction;

d) to withdraw from the contract.

If you choose resolution under points a) or b), and we do not remedy the defect within a reasonable period we specified, or we inform you that the defect will not be remedied in this way at all, you have rights under points c) and d), even if you did not originally request them within the complaint. Also, if you choose to remedy the defect by repairing the goods, and we find that the defect is irreparable, we will notify you, and you can choose another way to remedy the defect.

5. If defective performance is a non-material breach of the contract, you have the following rights:

a) for the defect to be remedied by the delivery of new defect-free goods or by the delivery of the missing part of the goods;

b) for the defect to be remedied by repairing the goods;

c) for a reasonable price reduction.

However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the contract. You can also withdraw from the contract if you cannot properly use the goods due to repeated occurrence of defects after repair of the goods or in case of a larger number of defects in the goods.

6. In the case of both material and immaterial breaches, you cannot withdraw from the Agreement or demand delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

a) if the condition of the Goods has changed as a result of an inspection to determine a defect;

b) if the Goods were used before the discovery of the defect;

c) if the inability to return the Goods in an unchanged condition was not caused by your actions or omissions,

d) if you sold, consumed, or altered the Goods before the discovery of the defect; however, if this occurred only partially, it is your obligation to return the part of the Goods that can be returned, and in such a case, you will not be refunded a portion of the Price corresponding to your benefit from the use of the part of the Goods.

7. Within 3 days of receiving a complaint, we will confirm to your email address that we have received the complaint, when we received it, and the expected time to resolve the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The deadline may be extended by mutual agreement. If the deadline expires without result, you may withdraw from the Agreement.

8. We will inform you by email about the resolution of the complaint. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You are obliged to prove these costs, e.g., with receipts or confirmations of the price of transportation. If the defect is remedied by delivering new Goods, it is your obligation to return the original Goods to us, but we will cover the costs of this return.

9. If you are a business, it is your obligation to notify and object to a defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.

10. If you are a consumer, you have the right to assert rights arising from defective performance for a defect occurring in consumer Goods within 24 months of receiving the Goods.

11. The provisions regarding rights from defects shall not apply in the case of:

a) Goods sold at a lower Price for a defect for which a lower Price has been agreed;

b) wear and tear of Goods caused by their normal use;

c) used Goods for a defect corresponding to the extent of use or wear and tear that the Goods had when you received them;

d) where it arises from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Agreement, i.e., termination of the contractual relationship between us and you from its inception, may occur for reasons and in the manner specified in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the Agreement without stating a reason within 14 days of receiving the Goods, in accordance with §1829 of the Civil Code. If we have concluded an Agreement for the delivery of several types of Goods or delivery of several parts of Goods, this period begins to run only from the day of delivery of the last part of the Goods, and if we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, the period begins to run from the day of delivery of the first delivery. You can withdraw from the Agreement in any verifiable manner (especially by sending an email or letter to our addresses specified in our identification data). 

3. However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is:

a) Goods whose Price depends on fluctuations in the financial market independently of our will and may occur within the withdrawal period;

b) delivery of alcoholic beverages that can be delivered only after thirty days and whose Price depends on fluctuations in the financial market independent of our will;

c) Goods that have been customized according to your wishes or for your person;

d) Goods subject to rapid deterioration and Goods that have been irreversibly mixed with other Goods after delivery;

e) Goods in a sealed package that have been removed from the package and cannot be returned for hygienic reasons;

f) delivery of sound or visual recordings or computer programs if the original packaging has been violated;

g) delivery of newspapers, periodicals, or magazines;

h) delivery of digital content if it has not been delivered on a tangible medium and has been delivered with your prior express consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Agreement.

4. The period for withdrawal according to Article VIII.2 of the Terms is considered preserved if you send us a notice during its course that you are withdrawing from the Agreement.

5. In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to us or prove that they have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.

6. In the event of withdrawal from the Agreement according to Article VIII.2 of the Terms, you are obliged to send the Goods back to us within 14 days of withdrawal and bear the costs associated with returning the goods to us. On the other hand, you are entitled to have us refund the shipping cost, but only up to the amount corresponding to the cheapest offered method of delivering the Goods, which we offered for the delivery of the Goods. In the event of withdrawal due to our breach of the concluded Agreement, we also cover the costs associated with returning the goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest offered method of delivering the Goods, which we offered for the delivery of the Goods.

7. You are liable to us for damage in cases where the Goods are damaged as a result of your handling of them other than is necessary considering their nature and characteristics. In such cases, we will invoice you for the damage after the Goods have been returned to us, and the maturity of the invoiced amount is 14 days. If we have not yet refunded the Price, we are entitled to set off the claim for expenses against your claim for the return of the Price.

8. We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Article VI.9 of the Terms. We may also withdraw from the Agreement if it is evident that you provided intentionally incorrect information in the Order. If you are purchasing goods as part of your business activities, as a business, we are entitled to withdraw from the Agreement at any time, even without stating a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct towards buyers within the meaning of § 1826 para. 1 letter e) of the Civil Code.

2. We handle consumer complaints via the email address jiri@galochrom.cz. Information about the resolution of the complaint will be sent to the buyer's email address.

3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. 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, who is a consumer, arising from a sales contract concluded by electronic means.

4. The European Consumer Centre Czech Republic, with its registered office 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 21 May 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).

 

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ATTACHMENT NO. 1 - COMPLAINT FORM

Recipient: 

Complaint Submission

Date of Contract Conclusion:
Name and Surname:
Address:
E-mail:
Goods being claimed:
Description of the goods' defects:
Proposed method for handling the complaint, or provision of a bank account number for providing a discount:

I also request the issuance of a confirmation of the complaint submission indicating when I exercised this right, the content of the complaint along with my claim, including the date and method of handling the complaint.

Date:

Signature:

 

 

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APPENDIX No. 2 - FORM FOR WITHDRAWAL FROM THE AGREEMENT

Recipient: 

I hereby declare that I am withdrawing from the Agreement:

Date of Contract Conclusion:
Name and Surname:
Address:
E-mail:
Specification of the Goods covered by the Contract:
Method for refunding the received funds, or providing the bank account number:

 

If the buyer is a consumer, they have the right to withdraw from the concluded purchase contract within 14 days from the date of receiving the goods, without stating a reason and without any penalty, except for cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. This withdrawal must be communicated by the buyer to the Company in writing to the address of the Company's premises or electronically to the email provided on the standard form.

If the consumer buyer withdraws from the purchase contract, they shall send or hand over the goods received from the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract.

If the consumer buyer withdraws from the purchase contract, the Company shall reimburse them without undue delay, no later than 14 days from the withdrawal from the purchase contract, all payments (purchase price of the delivered goods) including delivery costs received from them based on the purchase contract, in the same manner. If the buyer chose a delivery method other than the cheapest one offered by the Company, the Company shall only reimburse the buyer for the delivery costs up to the amount corresponding to the cheapest offered method of delivery. The Company is not obliged to refund the received funds to the buyer before the buyer hands over the goods to the Company or proves that they have sent the goods to the Company.

Date:

Signature:

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