General terms and conditions for retail
These General Terms and Conditions for Retail (hereinafter referred to as "Terms and Conditions") apply to contracts concluded through the online shop SkyGear s.r.o. located on the web interface www.skygear.cz.
(hereinafter referred to as the "web interface") between
our company:
SkyGear s.r.o., with registered office at Jince 360, 262 23 Jince
ID: 19334591
TAX ID:
registered: in the Commercial Register maintained by the Municipal Court in Prague, C 384611
Delivery address: SkyGear s.r.o, Rpety 120, 268 01 Hořovice
Telephone number: +420 733 653 563
contact e-mail: info@skygear.cz
as the seller and you, a natural person, as the buyer.
1. INTRODUCTORY PROVISIONS
By the Purchase Contract we undertake to deliver to you the goods specified in the Order, and you undertake to take delivery of those goods (either in person or from a carrier) and to pay us the purchase price (or just the "Price"), including the costs associated with the delivery of the goods and any charges associated with the chosen method of payment, specified in the Order. You will acquire title to the goods on payment of the full purchase price but not before you take delivery of the goods.
1.1 Does the contract of sale apply only to the goods?
A contract of sale (or just "Contract") refers herein to any contract entered into in accordance with these Terms and Conditions. This may include, for example, a contract for the provision of services.
1.2 Is a contract of sale a consumer contract?
A contract is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession.
Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions, but you are covered by the General Terms and Conditions of Wholesale Trade. In particular, as a non-consumer, you do not have the right to withdraw from the contract without giving a reason.
1.3 What special rights do you have as a consumer?
As a consumer, you have in particular:
The right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or internet commerce (Article 5 of these terms and conditions);
the right to a guarantee for the goods, the terms and conditions and application of which are governed by the Retail Complaints Code (the "Complaints Code");
the right to information before the conclusion of the contract (information is contained in these terms and conditions or on the web interface);
the right to an out-of-court settlement of a consumer dispute under the contract (Article 9.3 of these Terms and Conditions).
1.4 What governs our legal relationship?
Our legal relationship is governed by the following documents:
these Terms and Conditions, which define and specify our mutual rights and obligations;
the Complaints Procedure , according to which we will proceed with the complaint of goods;
The Privacy Policy , which governs registration on the web interface, the protection of your personal data, the protection of the content of the web interface and certain other relationships related to the use of the web interface;
the terms and conditions and instructions set out on the web interface, in particular when entering into a contract;
the order and its acceptance by us, and in matters not covered herein, the following legal provisions:
Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code");
Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, we agree together that the protection under Czech law will be applied to the greatest extent possible.
1.5 How do you agree to the Terms and Conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
We may change or amend the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect.
2. PURCHASE CONTRACT
2.1 How do we conclude a purchase contract?
A list of the goods is provided on the web interface, including a description of the main characteristics of each item.
For each item, the price is indicated. The presentation of the goods is for information purposes only and does not constitute our proposal to conclude a contract within the meaning of section 1732 (2) of the Civil Code.
In order to conclude a contract, it is necessary that you send an order and that this order is accepted by us.
2.2 Under what conditions can I take advantage of a special offer or discount?
Offers marked as "promotional" are valid until stocks are sold out or until the end of such offer as indicated in the web interface or until the offer is withdrawn or the offer is updated again. Different types of discounts are offered by us. In the event that you redeem a discount or discount coupon in violation of the rules of that discount or discount coupon, we shall have the right to refuse to redeem such discount or discount coupon. In such a case, you will be notified of the rejection and offered the opportunity to complete your order without the discount or coupon applied. The rules and conditions for redeeming a particular discount or marketing promotion are either set out directly on the discount or marketing promotion in the form of information or a link to the web interface where the rules of the discount or marketing promotion are detailed.
2.3 How do I place an order?
You can always place an order via the web interface (by filling in the form), or alternatively by telephone, e-mail or any other method that we allow according to the current information on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).
Please check the information you have entered before submitting your order, once you press the "FINISH ORDER" button your order will be binding. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
We will inform you of the receipt of your order. Information (confirmation) of receipt of the order is sent automatically and does not constitute acceptance of the order by us, unless this is explicitly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.
2.4 When is the contract concluded?
The contract of sale is concluded when you receive our acceptance of your order. Acceptance of your order will be sent to the email address you provided in your order.
Information on the individual technical steps leading to the conclusion of the contract can be found on the web interface.
2.5 Can you cancel an order already placed?
You can cancel an order that we have not yet accepted (i.e. you have not been sent an acceptance of your order by us in accordance with clause 2.4 of these terms and conditions) by telephone or email. All orders accepted by us are binding. Later cancellation of an order is only possible by agreement with us. If an order is cancelled in this way for goods in respect of which the contract cannot be cancelled (see clause 5 for details), we shall be entitled to reimbursement of the costs we have already incurred in connection with the contract.
2.6 Can the price shown on the web interface be changed?
The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for the time they are displayed on the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
In the event that there is a manifest technical error on our part in the display of the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at the manifestly incorrect price, even if you have been sent an acceptance of your order in accordance with these terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price indicated for the goods on the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
Orders sent are not affected by a price change that occurs between the time the order is sent and our acceptance of it in accordance with clause 2.4 of these terms and conditions.
2.7 In which languages can the contract be concluded?
The contract may be concluded in Czech unless we expressly agree on another language.
2.8 Is it possible to obtain the contract in text form?
The contract is not concluded in writing with the signatures of the parties. The contract consists of these terms and conditions, your order and our acceptance of it. The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs involved.
2.9 Is the contract stored anywhere?
We store the Contract (including these Terms and Conditions) electronically. The contract is not accessible to third parties but we will send it to you on request.
2.10. What if you do not understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or email. We will be happy to provide you with all the necessary information.
3. PAYMENT TERMS
3.1 What payment methods do we accept?
You can pay the purchase price mainly by the following methods:
cash on delivery or in person;
cashless before delivery by online credit card;
by wire transfer to our bank account prior to delivery (instructions will be provided in your order confirmation);
in any other way agreed in advance
Any other payment methods are listed on the web interface.
Some payment methods (in particular cash on delivery) may incur additional charges. These charges are indicated on the web interface. The final price will always be indicated in the order, which already includes the fees associated with the chosen payment method.
3.2 When is the purchase price due?
In the case of cash payment, the price is due upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order in accordance with clause 2.4.
3.3 In what currency can you pay?
Payment for the goods is possible in Czech crowns (CZK), Euros (EUR) or any other currency agreed in advance.
3.4. When can we request a deposit or payment in advance?
We may require an advance payment of the purchase price especially for orders with a total price of over CZK 5,000.
Furthermore, we are entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119 (1) of the Civil Code does not apply).
By agreeing to these terms and conditions, you also give us your consent to provide you with an electronic receipt.
4. TERMS OF DELIVERY
4.1 How do we send the goods?
The delivery methods are listed on the web interface. You can select the specific delivery method in the order. If you do not select a shipping method, we may determine it.
4.2 What is the cost of delivery of the goods?
The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. The actual cost of delivery of the goods is shown on the web interface. In specific cases, the delivery cost can be calculated individually. In this case we will inform you by email.
The final price will always be indicated in the order, which already includes the cost of the chosen shipping method.
4.3 When will we deliver the goods to you?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment.
Goods that are in stock are usually dispatched within two working days of receipt of the order (when sending the goods on delivery or personal collection), or when payment is credited to our account (when making a cashless payment).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.
Delivery of the goods under these terms and conditions means when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.
4.4 What is the procedure for taking delivery of the goods?
On receipt of the goods, check the packaging of the goods for integrity. If you find any shortcomings, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this shall not be considered an unreasonable refusal.
From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
4.5 What happens if you do not take delivery of the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall be liable for the costs of such delivery.
In the event that you do not accept the goods without reason, we shall be entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us due to the non-acceptance of the goods.
Furthermore, in such a case we have the right to withdraw from the contract.
5.1 How can you withdraw from the contract?
You may withdraw from the contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will acknowledge receipt of the notification without undue delay.
You do not need to give any reasons for withdrawal.
5.2 What are the consequences of withdrawal?
By withdrawing from the contract, the contract is cancelled from the outset and is treated as if it had never been concluded.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
5.3 When can I not withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from contracts for the supply of goods that have been customised for you or for your person, among other things.
5.4 How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract at the delivery address. Do not send the goods on delivery. We are not obliged to accept goods sent by cash on delivery.
We recommend that the returned goods are accompanied by:
a copy of the delivery note and invoice, if these documents have been issued, or other proof of purchase;
a written statement of cancellation (on our form or otherwise) and the method of refund chosen (bank transfer, personal collection of cash or postal order or otherwise). Please include your delivery address, telephone number and email in your statement.
Failure to submit any of the above documents will not prevent the positive processing of your withdrawal under the legal terms, but will speed up and simplify the whole process.
5.5 When will you get your money back?
We will refund all monies received within 14 days of cancellation. However, please note that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you at an amount equivalent to the cheapest method of delivery offered.
We will refund your money:
in the same way we received it; or
in the manner you require, if technically possible and at no additional cost to us
In addition to the above methods, we can always refund the money by sending it to the bank account or account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of cancellation). By accepting these terms and conditions, you agree to the sending of the funds in accordance with the previous sentence.
You shall bear the cost of sending the returned goods to our address, even if the goods cannot be returned by normal postal means due to their nature.
5.6 What if the returned goods have been damaged?
When sending the goods, please wrap them in suitable packaging so that they are not damaged or destroyed.
If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for this reduction in value.
5.7 When can we withdraw from the contract of sale?
We reserve the right to withdraw from the contract in the following cases:
A technical error has resulted in a manifestly incorrect price of the goods on the web interface (article 2.6 of these terms and conditions);
the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
performance becomes objectively impossible or unlawful.
In the event that any of the aforementioned events occur, we will inform you of our withdrawal from the contract without delay. The withdrawal is effective against you from the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will refund the amount received to you without cash to the account you provide us with for this purpose or from which you made the payment. We will refund the money within five days of cancellation of the purchase contract.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).
We will proceed in accordance with our Complaints Procedure when exercising rights arising from defective performance. Please read the Complaints Procedure thoroughly before submitting a claim so that the claim can be settled as quickly and to your satisfaction as possible.
7. REGISTRATION ON THE WEB INTERFACE
7.1 How can you register on the web interface?
By registering via the registration form on the web interface, a user account is created. Keep the access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without refund. In the event of changes to your details, we recommend that you amend them in your user account without delay.
7.2 What is the purpose of the user account?
You can primarily order goods, track orders and manage your user account via your user account. Any additional functions of the user account are always listed on the web interface.
7.3 When can we cancel your user account?
Please note that we have the right to cancel your user account without refund if there is a violation of good morals, applicable law or these terms and conditions through your account.
8. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
8.1 Is the content of the website protected by copyright?
The content of the web pages on the web interface (texts including terms and conditions, photographs, images, logos, software and other) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
8.2 Liability and use of the web interface
We shall not be liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the function of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.
9. FINAL PROVISIONS
9.1 What authority do we have to conduct our business and who controls us in doing so?
We are authorised to sell goods on the basis of a trade licence. Our activities are not subject to any other authorisation.
Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with the legislation on technical requirements for goods and the safety of goods. The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also defended by consumer interest associations and other consumer protection bodies.
9.2 How do we handle complaints?
We handle any complaints via our contact email. You may also contact the entities listed in clause 9.1. We are not bound by any codes of conduct in relation to our customers, nor do we adhere to any such codes.
9.3 What rights do you have in the event of a consumer dispute?
If you are a consumer and if a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at:
http://ec.europa.eu/consumers/odr/.
9.4 What else should you know?
When concluding a contract, means of distance communication (in particular the internet) are used. You are responsible for the costs incurred when using the means of distance communication (in particular the cost of the internet connection or telephone calls). These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, registered mail or personal delivery. For our part, we will deliver to the email address provided in your order or user account.
We will inform you about the method of collection of used products that are electrical equipment in nature, in accordance with Act No. 185/2001 Coll., the Waste Act, as amended.
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision which is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.
These terms and conditions are valid and effective as of 1.6.2023