GENERAL TERMS AND CONDITIONS (hereinafter referred to as the “GTCs”)
1. These approved and valid GTCs of the www.vulcanus-design.de online shop (hereinafter referred to as the “online shop”), which is operated by VULCANUS design s.r.o., which sells all the offered goods and provides its sales and warranty service (hereinafter referred to as the “Seller”), come into force on January 1st, 2018. The Buyer acknowledges that the Seller is entitled to modify these GTCs to the appropriate extent at its discretion, in which event the Buyer will be informed by their publishing on the www.vulcanus-design.de website. If the GTCs are modified, the Buyer is entitled to terminate the contract which includes these GTCs by means of a written termination notice sent by registered mail with acknowledgement of receipt within 15 days from the day when the modification was confirmed by the Seller to the Buyer. Both parties agree on a termination period of 3 months, which will start on the first day of the month following the month when the Buyer’s termination was delivered to the Seller. The GTCs modifications will be published on the www.vulcanus-design.de website.
2. The Seller is the provider of the online shop, i.e. VULCANUS design s.r.o., having its registered office in: Lazecká 344/4A, 779 00 Olomouc. The address for communication with customers (especially for claim issues and the return of goods when terminating the contract): Lazecká 344/4A, Olomouc 779 00, Company ID No.: 05878926, VAT No.: CZ05878926, Bank Account: Česká spořitelna, Bank Account No.: 7276122/0800, Tel.: +420 602 166 276, E-Mail: firstname.lastname@example.org.
The Seller may be a final consumer or an entrepreneur (hereinafter collectively referred to as the “Buyer” or “Buyer-Consumer” and “Buyer-Entrepreneur”). The consumer is every person who, outside their business or outside their profession, concludes a contract with the entrepreneur or otherwise communicates with the entrepreneur. The entrepreneur is
a person who independently performs gainful employment on their own account and responsibility through self-employment or similarly with the intention to do so constantly for the purpose of producing a profit.
3. The GTCs provide for mutual rights and obligations of the aforementioned company VULCANUS design s.r.o. as the Seller on one side and the Buyer on the other side when selling goods. The GTCs form an integral part of each purchase contract (hereinafter referred to as the “Contract”) and become an integral part of contractual arrangements of both contracting parties. Mutual arrangements in compliance with these GTCs will take precedence over non-mandatory provisions that would otherwise apply to such arrangements. When sending a purchase order, the Buyer concurrently confirms that he/she has read the GTCs and expressly agrees that the GTCs are an integral part of the contractual arrangements between the Buyer and the Seller.
4. The Seller is not responsible for defects caused by use of the goods contrary to the manufacturer's instructions. These instructions are available on the manufacturer´s website. The goods are identified by name, code, manufacturer and photography, or 3D animation.
II/ Conclusion of the Contract, Delivery and Receipt of Goods
1. An application to conclude a contract with a Buyer-Consumer is presented by the Seller placing the offered goods on display in the online shop; the Contract is concluded by the Buyer-Consumer sending an order. An order is sent by clicking on the “Send Order” button. The Seller will confirm the receipt of the order to the Buyer-Consumer; however, this confirmation is only informative. An application to conclude a contract with
a Buyer-Entrepreneur is represented by the Buyer-Entrepreneur sending a purchase order; the Contract is concluded at the moment of delivery of the order confirmation that is sent by the Seller to the Buyer-Entrepreneur. Should incorrect information or missing information appear in an order, the customer is warned by the system and the binding order cannot be sent. As soon as an order is sent, it may be only changed in agreement with the Seller. Orders are confirmed by an e-mail sent by the Seller or by phone using the contact details stated by the Buyer. Such a Contract (including the agreed price) may only be modified or cancelled upon the agreement of both parties (including an agreement contained in these GTCs) or based on legitimate reasons.
2. The Seller reserves the right to terminate the Contract on the following working day at the latest if, including but not limited to, it is an order having a dishonest intention or an order contrary to good morals and, furthermore, in the case of technical defects in the online shop system that directly relates to the ordered goods by the Buyer. If the Buyer has already paid a part of or the total purchase price of the goods, this amount will be transferred to his/her account.
3. In case the ordered goods are available in stock, they will be dispatched within 2 working days of the day when the order was confirmed to the Buyer. Other goods will be dispatched in accordance with the delivery terms of Seller´s suppliers. All goods contain information about the expected delivery date and the Buyer acknowledges that this delivery date is only approximate and always depends on the delivery of goods to the Seller by its suppliers.
4. The Seller is entitled to deliver goods even before the date stated in the Contract based on a notice of an early delivery to the Buyer made at least 1 working day before such an early delivery.
5. The Seller on principle only dispatches the complete order as one consignment; therefore, should the Buyer order more items in one order that have different delivery terms, the delivery date is based on the longest delivery term, unless the Seller and the Buyer agree otherwise.
6. More detailed information on shipping methods and prices may be found in the product details at www.vulcanus-design.de. If the Seller and the Buyer agree, the Seller will transport the goods to a location that will be stated in the order. In such a case, the Buyer is obliged to provide an access route. The place of fulfilment is understood to mean the delivery address specified by the Contract. The Buyer is obliged to receive the goods at the address provided to the Seller for this purpose. In the event of the Buyer´s absence at the address specified in the Contract at the agreed term of delivery of the goods in compliance with this section, the Buyer is obliged to ensure the receipt of the goods by another person who will pay the purchase price to the driver of the transport company (according to Article III, Section 4a of the GTCs), or will present a proof of payment of the purchase price (according to Article III, Section 4b of the GTCs) and will accept the goods from the carrier.
7. When accepting the delivery, the Buyer is obliged to check the delivery for potential damages still in the presence of the driver of the transport company. If the delivery packaging is already damaged at the moment of its receipt, the Buyer is obliged to write a report on the damages together with the driver and to not accept the goods. The Buyer must inform the Seller on that same day and report the reasons why the goods have not been accepted. The Seller will subsequently choose a relevant procedure and will make every effort to deliver the goods as soon as possible. If the goods are transported by the transport company PPL (PPL CZ s.r.o.), the Buyer is obliged to check the contents of the delivery without undue delay and inform the Seller about possible damage and discrepancies by phone or
e-mail within 2 days, at the latest, from the acceptance of the delivery. If the goods are transported by the transport company TOPTRANS (TOPTRANS EU, a.s.), the Buyer is obliged to check the contents of the delivery during the acceptance from the driver and to write any possible reservations in the transport company’s acceptance record. Detected discrepancies must be immediately communicated by the Buyer to the Seller. The quality and the quantity of the delivered goods must be checked by the Buyer with maximum care to prevent the damage or loss of the goods. Should the Buyer fail to comply with the aforementioned procedure, the Buyer has no right to claim the defects of the goods incurred during their transport with respect to either quality or quantity.
8. Partial deliveries are allowed, unless expressly agreed otherwise.
9. The transport of goods is free of charge. The Buyer will only pay for transport for orders of OilCan amounting to CZK 89.
A selected range of goods contains surcharges for transport. The company Toptrans offers an option to carry the goods up to their final location for
a supplementary charge (see more details at “Transport”).
10. The delivery date is the day when the goods are accepted by the Buyer or the total purchase price is paid, or the day when the goods are handed over to the carrier for shipping; in the event of a collision of more of the above terms, the day which occurs earlier is used.
III/ Payment Conditions
1. The prices stated in the www.vulcanus-design.de online shop are the agreed prices, including VAT (hereinafter referred to as the “Price”). The Price relates to the depicted and described products and does not include related decorations, accessories or performance. The Prices may be modified without previous notification. The Price of the goods may be checked by the Buyer with individual items. The Price stated next to the goods at the time when the order is sent is decisive for the Buyer.
2. The price for transport is not included in the Price. Transport prices are charged separately.
3. No claims arising from the Contract may be offset against the agreed purchase Prices without agreement of both contracting parties.
4. The goods may be paid:
- In cash or by credit card during personal pick-up in our showroom at Lazecká 344/4A, Olomouc 779 00. This service is free of charge.
- Cash on delivery of the ordered goods by the transport company. The amount (price of goods + postage) will be paid to the driver of the transport company who is obliged to issue a receipt of payment. You will receive the respective tax document (invoice) by e-mail.
- Bank transfer to our account. You will receive the respective pro forma invoice by e-mail. Should you not pay the pro forma invoice within 14 days of its date of issue, we will cancel your order automatically.
- Online payment – in your basket you can choose a payment gateway before you finish your order. As soon as our system matches your order with your payment, we will send you a payment confirmation. It is essential to fill in correct data and payment reference number.
5. In case of “atypical goods” and in exceptional cases for goods that are not available in stock (i.e. goods that do not contain “X pcs in stock”), the Seller reserves the right to make the acceptance of a purchase order for such goods dependant on making a non-refundable advance payment of 30% from the Price by the Buyer.
IV/ Acquisition of Ownership, Risk of Damage
1. The title to the goods passes to the Buyer as soon as the goods are delivered to the Buyer.
2. Together with the title of ownership, the risk of damage passes to the Buyer as well.
3. The acceptance of goods is confirmed by a signature on a delivery note or a transport document.
V/ Liability for Defects, Claims
1. Rights arising from defective performance are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”). The Buyer is entitled to exercise his/her right related to a defect that occurs with consumer goods within 24 months after acceptance, unless a longer period is agreed by the Seller and the Buyer. The warranty period starts on the day when the goods are handed over to the Buyer or on the day when the goods are sold to the end user.
2. The guarantee does not apply to wear caused by habitual use, unsuitable treatment, by effects of weather conditions, non-professional handling and wilful damage or to defects that the customer has been informed about in the Contract in writing. A usual colour or structural difference of natural materials (e.g. wood), artificial materials or varnished surfaces is not considered to be a defect. In case of goods sold for a discounted price, the warranty does not apply to defects that are the reason for the discount. The warranty does not apply to used goods.
3. The Seller reserves the right to perform minor technical modifications of the offered goods.
4. The claims must be exercised without undue delay after its detection in writing to the aforementioned address for claims, i.e. Lazecká 344/4A, Olomouc 779 00, together with the original or a copy of the invoice. The claim may also be exercised by the Buyer by an e-mail sent to the following e-mail address: email@example.com, with a scanned invoice attached. The Buyer may also exercise his/her claim by a Letter of Complaint that may be printed here or the Buyer may process his/her own letter. The Letter of Complaint must contain: the catalogue number of the product, its date of sale, amount, description of the defect and information if the defect is considered to be a major or a minor breach of the Contract, which must be followed by the Buyer´s choice of a respective right under the Civil Code. The final assessment if the defect is a major or a minor breach of the Contract is made by the Seller with respect to its expertise in the field. The Letter of Complaint must be sent together with a copy of the proof of payment to the address for claim issues, i.e. Lazecká 344/4A, Olomouc 779 00 or to the e-mail: firstname.lastname@example.org.
5. Should the defective performance be a major breach of the Contract, the Buyer is entitled to have the defect removed by the delivery of a new item without defects or the delivery of the missing piece, the removal of the defect by means of repairs, an adequate discount from the purchase price or withdrawal from the Contract. If the Buyer does not choose his/her right on time, he/she will have the same rights as in case of a defective performance that represents a minor breach of the Contract. If the defective performance is a minor breach of the Contract, the Buyer is entitled to have the defect removed or to obtain a discount from the Price.
6. A defect which results from improper care or any other improper commissioning will be regarded as a defect of the goods only:
a) if such assembly or commissioning was agreed in the Contract and was made by the Seller or another person on the responsibility of the Seller, or
b) if such assembly or other commissioning was made by the Buyer and the defect results from wrong instructions stated in the assembly instructions or commissioning instructions.
7. If the Buyer fails to comply with the condition for a professional installation, his/her claim will not be accepted. Among others, the Seller is not liable for such defects that result from improper care or assembly made by the Buyer.
8. Rights related to the liability for defects that are covered by the warranty period will expire if they are not exercised within this period.
VI/ Instructions for the Buyer-Consumer and Withdrawal from the Contract by the Buyer-Consumer
1. The Buyer-Consumer declares that before concluding the Contract in the online shop he/she has read all the information stated under “Consumer´s Rights” link that the Seller is obligated to communicate based on the Civil Code (in particular data as per Section 1811 (2), Section 1820 (1) and Section 1826 (1) of the Civil Code).
2. The Seller, in compliance with its legal obligations, informs the Buyer-Consumer that the Buyer-Consumer is entitled to withdraw from the Contract without any penalty and without giving any reason under Section 1829 of the Civil Code, as amended, within 14 days after the receipt of the goods. To withdraw from the Contract, the Buyer may use a template that may be downloaded in the online shop under “Consumer Rights”. The Buyer is obliged to return the received goods to the Seller to the following address: Lazecká 344/4A, Olomouc 779 00. The goods cannot be sent to the Seller as cash on delivery; the Seller reserves the right not to accept goods sent this way. The goods must be intact and undamaged (including the undamaged original packaging) and in the same state as received by the Buyer. The Buyer is obliged to send the goods in the original packaging inserted into other packaging suitable for transport to prevent damage to the goods or in its original packaging during transport. The tax document that the Buyer received together with the goods must be attached to the delivery; moreover, a bank contact must be also communicated (bank account number and bank) to enable the Seller to return payments to the Buyer. The Seller will return the paid amounts (the amount stated in the invoice, i.e. the purchase price and transport costs) to the Buyer within 30 days after the withdrawal. The Seller informs the Buyer that if the Buyer chooses transport other than the cheapest transport method, the Buyer will be entitled to compensation according to the cheapest transport method. The Seller is only obliged to return the accepted financial amounts at the moment when the Buyer proves the goods have been returned. The paid financial amounts will be returned to the Buyer as a transfer to his/her bank account, unless agreed otherwise by the Seller and the Buyer.
3. Apart from the goods where the right to withdraw from the Contract is excluded by applicable legislation, the right to withdraw does not apply to goods that were adapted to the Buyer´s requirements since such goods are inherently goods adapted according to the Seller´s requirements or for the Seller under Section 1837 of the Civil Code.
4. Furthermore, the Seller informs the Buyer-Consumer about the following: The Seller of the online shop ensures the functionality of the digital content of this website via a specialized company and the contents of this website that the customer is able to approach is valid; the digital contents should be compatible with commonly-used hardware and software. The costs for remote communication of the Buyer are born by the Buyer, costs for remote communication of the Seller are born by the Seller; the costs do not differ from the base rate. The Contract (invoice) concluded in this online shop is sent to the customer to his/her communicated e-mail address and subsequently stored by the Seller electronically; the invoice may be sent to the customer again upon the customer´s request. The Contract is concluded in the Czech language; it is only possible in other languages upon agreement.
VII/ Consent to Processing of Personal Data
In accordance with Section 5 (2) of Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, I hereby voluntarily grant consent to the processing of my personal data in the following scope for the specified purpose and for an unlimited period to VULCANUS design s.r.o., Company ID No.: 05878926, having its registered office at Olomouc, Lazecká 344/4A, 779 00 (hereinafter referred to as the “Controller”), registered in the Commercial Register of the Regional Court in Ostrava, under C 69665. I have been informed that my personal data in the specified scope, i.e. first name and surname (natural person), address (natural person), company (legal person), registered office (legal person), phone number, e-mail address, mobile phone number, Company ID number and VAT number (for a person having Company ID and VAT numbers) will be processed by the Controller to register and process orders of customers of this online shop and will be kept for evidence without any limitation of time by the Controller. Furthermore, I have been informed that the e-mail address I have stated during registration, or in my order, and the list of products I have ordered will be passed by the Controller to the operators of the www.heureka.cz server for monitoring purposes related to customer reviews. I am aware of the fact that a specialised company technically processes the personal data for VULCANUS design s.r.o. and thus this company gains access to my personal data. More information of this company will be communicated by the Controller upon my request to: email@example.com. I have also been informed that the administrator will communicate information in accordance with Section 12 of the Act on the Protection of Personal Data and about my right to ask for an explanation and the right to have the situation rectified according to Section 21 of the Act on the Protection of Personal Data upon my request at firstname.lastname@example.org without undue delay. This consent of the processing of my personal data is given freely, seriously, definitely and intelligibly, with full knowledge of the possible consequences and contexts and after learning about my rights resulting from the Act on the Protection of Personal Data.
VIII/ Other Provisions
1. The relationships in this Contract are governed by Czech legislation, in particular Act No. 89/2012 Coll., the Civil Code. For the Buyer-Entrepreneur, the provision of Article VI of these GTCs does not apply and it is agreed that the right of the Buyer-Entrepreneur in relation to the Seller for compensation of damages caused by a breach of the Seller´s obligations resulting from the Contract, in particular damages resulting from defective goods, are limited to an amount corresponding to the Price of the respective goods in terms of compensation; this provision is not valid if the damage was caused intentionally by the Seller. The Seller and the Buyer-Entrepreneur expressly exclude the application of business practices within the meaning of Section 558 (2) of Act 89/2012 Coll.
2. The costs for exercising the rights resulting from the binding legal relationship based on the Contract between the Seller and the Buyer are borne by each party in its entirety.
3. The Buyer is not entitled to assign its claim against the Seller resulting from this Contract to a third party without the Seller´s approval.
4. The Contract does not require a written form. If the Contract was concluded in writing, its modifications and amendments must be done in writing. The Contract comes into force on the day of the signature by both contracting parties and comes into effect on the day when the Seller receives the agreed advance payment of the Price from the Buyer.
5. Further provisions with the customer made in writing in the Contract itself prevail over provisions of these GTCs that would be in contradiction to them.
6. If any provision of these GTCs is held to be invalid, that provision will be severed from these GTCs and the remaining provisions will remain in full force and effect.