Terms and Conditions
General Terms and Conditions for the E-shop
The operator of the online store, the company Eco Galactics s.r.o., located at Prosecká 682/117, Prague 9, ZIP code: 19000, Czech Republic, Company ID: 19645996, VAT ID: CZ19645996, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 389258, for the sale of goods and services via the online store located at the website www.ecogalactics.cz.
Business Premises Address:
Písečná 445/15, 182 00 Prague 8
Email for inquiries, orders, delivery, exercising warranty rights, complaints, contract cancellation: sales@ecogalactics.cz
These General Terms and Conditions ("Terms") of Eco Galactics s.r.o., located at Prosecká 682/117, Prague 9, ZIP: 19000, Czech Republic, Company ID: 19645996, registered in the Commercial Register under file number C 389258 maintained by the Municipal Court in Prague, email sales@ecogalactics.com, phone number +420777030715 ("We" or "Seller") regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, the buyers, and us, the sellers, arising in connection with or based on the purchase agreement ("Contract") concluded via the E-shop on the website www.ecogalactics.cz.
All information regarding the processing of your personal data is included in the Privacy Policy, which you can find here.
The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are drafted in both Czech and English. We may unilaterally change or supplement the Terms. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms. As you may know, we communicate primarily remotely. Therefore, our Contract is also concluded using remote communication means, which allow us to agree without the simultaneous physical presence of both parties. The Contract is concluded distantly in the E-shop environment through the website interface ("E-shop interface"). If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase in our E-shop, the specific agreement made during the purchase process will take precedence over these Terms.1. Some Definitions
1.1. Price is the financial amount you will pay for the Goods;
1.2. Shipping Price is the financial amount you will pay for the delivery of Goods, including the cost of packaging;
1.3. Total Price is the sum of the Price and the Shipping Price;
1.4. VAT is the value-added tax according to the applicable legal regulations;
1.5. Invoice is the tax document issued in accordance with the VAT Act for the Total Price;
1.6. Order is your binding proposal for the conclusion of the purchase agreement for the Goods with us;
1.7. User Account is an account created based on the information you provided, which allows us to store entered data and keep a history of ordered Goods and concluded Contracts;
1.8. You are the person purchasing in our E-shop, legally referred to as the buyer;
1.9. Goods refers to everything that can be purchased in the E-shop.2. General Provisions and Instructions
2.1. Goods can only be purchased through the E-shop's website interface.
2.2. When purchasing Goods, it is your responsibility to provide us with all information correctly and truthfully. The information you provide in the Order will be considered correct and truthful.
2.3. Our E-shop also provides access to Goods evaluations from other consumers. We ensure the authenticity of such reviews by linking them to specific orders, so in our internal system, we can verify and prove that the review comes from a real consumer.3. Conclusion of the Contract
3.1. The Contract can be concluded in both Czech and English.
3.2. The Contract is concluded remotely via the E-shop, with the costs for using remote communication means to be borne by you. These costs, however, do not differ from the basic rate you pay for using these means (e.g., internet access), and no additional charges will be incurred from us beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.
3.3. In order to conclude the Contract, you must create an Order in the E-shop. This proposal must include the following information:
a) Information about the Goods being purchased (in the E-shop, you select the Goods you wish to purchase by clicking the "Add to Cart" button);
b) Information about the Price, Shipping Price, payment method for the Total Price, and the preferred delivery method for the Goods. This information is entered during the Order creation process in the E-shop's user interface, and the information about Price, Shipping Price, and Total Price will be automatically provided based on the Goods you select, the delivery method, and payment;
c) Your identification and contact information required for delivery, including your name, surname, delivery address, phone number, and email address.
3.4. During the Order creation process, you may modify and verify the data until the order is completed. After reviewing the details by clicking the "Order with obligation to pay" button, the Order is finalized. Before clicking the button, you must confirm your acquaintance with and agreement to these Terms, otherwise, the Order cannot be completed. The confirmation and agreement is made through a check box. After pressing the "Order with obligation to pay" button, all entered information will be sent directly to us.
3.5. We will confirm your Order as soon as possible after it is delivered to us by sending a confirmation message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The Terms in the version effective on the date of the Order, i.e., the version attached to the confirming email, form an integral part of the Contract. The Contract is concluded upon confirmation of the Order.
3.6. In some cases, we may not be able to confirm your Order. This mainly includes situations where the Goods are not available or if you order more items than we allow. However, we will always provide you with information on the maximum number of Goods available on the E-shop, so it should not come as a surprise. If there is any reason preventing us from confirming the Order, we will contact you and send you a revised offer for the Contract. The Contract is concluded when you confirm our offer.
3.7. If a manifestly incorrect Price is indicated on the E-shop or in the Order, we are not obliged to deliver the Goods at that price, even if you received an Order confirmation, and the Contract was concluded. In such a case, we will immediately contact you and send you an offer to conclude a new Contract with a corrected Price. The new Contract is concluded when you confirm our offer. A manifest error in Price is, for example, when the price differs significantly from the usual price by other sellers or there is a missing or incorrect digit.
3.8. Once the Contract is concluded, you are obligated to pay the Total Price.
3.9. If you have created a User Account, you can place an Order through it. Even in such a case, you are still responsible for verifying the correctness, truthfulness, and completeness of the pre-filled data. The process of creating the Order is the same as for a buyer without a User Account, but the advantage is that you do not have to re-enter your identification data.
3.10. In some cases, we may allow a discount for the purchase of Goods. To apply the discount, you must enter the discount code in the designated field during the Order creation process. If you do so, the Goods will be provided at a discounted price.4. User Account
4.1. You can access your User Account after registering in the E-shop.
4.2. During the User Account registration, it is your responsibility to provide all requested information correctly and truthfully, and to update it if any changes occur.
4.3. Access to the User Account is secured with a username and password. You must keep these details confidential and not share them with others. We are not responsible for any misuse of this information.
4.4. The User Account is personal and you are not allowed to allow third parties to use it.
4.5. We can cancel your User Account, especially if it is not used for more than 2 years or if you violate your obligations under the Contract.
4.6. Your User Account may not be available continuously, especially due to necessary hardware and software maintenance.5. Pricing and Payment Terms, Retention of Title
5.1. The Price is always indicated in the E-shop, in the Order proposal, and in the Contract. In case of discrepancy between the Price indicated in the E-shop and the Price in the Order proposal, the Price in the Order proposal, which will always match the price in the Contract, shall apply. The Order proposal also includes the Shipping Price and conditions for free shipping, if applicable.
5.2. The Total Price includes VAT and all legally required fees.
5.3. We will request payment of the Total Price after the Contract is concluded and before the Goods are delivered. You can pay the Total Price by the following6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
6.1. The goods will be delivered to you no later than within 30 days in a manner of your choice, with the following options available: a) Personal collection at our location listed in the list of locations; b) Personal collection at pick-up points of the company Zásilkovna, Uloženka; c) Delivery via shipping companies Česká pošta, PPL CZ, DHL, Zásilkovna;
6.2. Goods can be delivered within the Czech Republic, Slovakia, Poland, and Ukraine.
6.3. The delivery time of the goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the order confirmation. The time stated in these Terms and Conditions is only an estimate and may differ from the actual delivery time. In the case of personal collection at a location, we will always inform you of the possibility of collecting the goods via email.
6.4. Upon receiving the goods from the carrier, it is your obligation to check the integrity of the packaging and immediately report any defects to the carrier and to us. If there is any damage to the packaging indicating unauthorized handling or opening of the package, you are not obligated to accept the goods from the carrier.
6.5. If you fail to take delivery of the goods, except in cases mentioned in Article 6.4 of the Terms, it does not constitute a breach of our obligation to deliver the goods to you. Also, your failure to take delivery of the goods does not constitute a withdrawal from the contract between us and you. In such a case, we have the right to withdraw from the contract due to your substantial breach of the contract, or we may store the goods at your expense, for which we are entitled to a payment equivalent to the full amount of the goods and the delivery and storage costs. If we decide to withdraw from the contract, the withdrawal is effective on the day we notify you of it. Withdrawal from the contract does not affect the claim for payment of the delivery price, or the right to compensation for any damages incurred.
6.6. If, due to reasons on your side, the goods need to be delivered repeatedly or by a different method than agreed upon in the contract, you are obligated to compensate us for the costs associated with the repeated delivery. We will send you the payment details for these costs to your email address provided in the contract, and they are due within 14 days from the date of the email delivery.
6.7. The risk of damage to the goods transfers to you at the moment of receipt. If you do not accept the goods, except in cases mentioned in Article 6.4 of the Terms, the risk of damage transfers to you at the moment when you had the opportunity to accept the goods but failed to do so due to reasons on your side. The transfer of the risk of damage to the goods means that from that moment on, you bear all consequences related to loss, destruction, damage, or any deterioration of the goods.
6.8. 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) an extraordinary production failure of the goods, in which case we will always notify you of a new expected availability time or inform you that the goods cannot be delivered; b) delays in delivery from our supplier, in which case we will always notify you of the new expected delivery time.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time when the risk of damage to the goods transfers to you under Article 6.7 of the Terms, the goods are free from defects, and specifically that the goods: a) correspond to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties; b) are suitable for the purpose for which you require them and with which we agree; c) are delivered with the agreed accessories and instructions for use, including installation or assembly instructions; d) are suitable for the purpose for which goods of this kind are typically used; e) in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, meet the usual characteristics of goods of the same type that you may reasonably expect, taking into account public statements made by us or another person in the same contractual chain, especially advertising or labeling; f) are delivered with accessories, including packaging, assembly instructions, and other instructions for use, which you may reasonably expect; and g) correspond to the quality or execution of a sample or model provided to you before concluding the contract.
7.2. Rights and obligations regarding defective performance are governed by the relevant legal regulations (specifically sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. If the goods are defective, i.e., if any of the conditions under Article 7.1 are not met, you can notify us of the defect and exercise your rights arising from defective performance (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details. You can also use the sample form provided by us, which is annex 1 to these Terms. When exercising your right to defective performance, you must choose how you would like the defect to be resolved, and this choice cannot later be changed without our consent. We will resolve the complaint according to your chosen right to defective performance.
7.4. If the goods are defective, you have the following rights: a) to have the defect removed by delivering new goods without defects, or by delivering the missing part of the goods; or b) to have the defect removed by repairing the goods, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other method, considering the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you.
7.5. We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, particularly considering the significance of the defect and the value the goods would have without the defect.
7.6. You are also entitled to: a) a reasonable discount from the price; or b) withdrawal from the contract, if: a) we refuse to remove the defect or fail to do so in accordance with the legal regulations; b) the defect occurs repeatedly; c) the defect constitutes a material breach of the contract; or d) it is clear from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.
7.7. The right to withdraw from the contract does not apply if the defect in the goods is insignificant.
7.8. If the defect in the goods was caused by you, you are not entitled to rights from defective performance.
7.9. The wear and tear of the goods caused by normal use or, in the case of used goods, wear corresponding to the degree of previous use, is not considered a defect in the goods.
7.10. When filing a complaint, we will provide you with written confirmation, which will include: a) the date you filed the complaint; b) the contents of the complaint; c) the method of resolution you are requesting; d) your contact details for informing you of the resolution of the complaint.
7.11. If we do not agree on a longer period, we will resolve the defect within 30 days from receiving the complaint and provide you with information about the resolution of the complaint at the contact details you provided. If this period expires, you may withdraw from the contract or request a reasonable discount.
7.12. We will inform you of the resolution of the complaint via email and provide confirmation of the date and manner of resolution. If the complaint is justified, you are entitled to reimbursement of the necessary costs incurred. You must prove these costs, e.g., with receipts or confirmation of the cost of delivery. If the defect is removed by delivering new goods, you are obligated to return the original goods to us, with the return costs covered by us.
7.13. If you are an entrepreneur, it is your obligation to notify and point out the defect without undue delay after you could have discovered it, no later than three days after receiving the goods.
7.14. If you are a consumer, you have the right to exercise rights from defective performance for defects that occur in consumer goods within 24 months from the receipt of the goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from the beginning, may occur for the reasons and in the ways specified in this article or in other provisions of the Terms, where the possibility of withdrawal is explicitly stated.
8.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or, in the case of purchasing Goods, within 14 days from its receipt. In the case of a Contract for several items of Goods or delivery of several parts of Goods, this period begins on the day of delivery of the last item or part of the Goods, and in the case of a Contract based on which Goods will be delivered to you regularly and repeatedly, the period begins on the day of delivery of the first shipment.
8.3. You can withdraw from the Contract by any demonstrable means (particularly by sending an email or letter to Our addresses listed in Our identification details). You can also use the sample withdrawal form provided by Us, which is Annex 2 to these Terms.
8.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the provision of services listed in Section 1837 of the Civil Code.
8.5. The period for withdrawal under Article 8.2 of the Terms is considered respected if we receive your notification of withdrawal during this period.
8.6. In case of withdrawal from the Contract under Article 8.2 of the Terms, you are obligated to return the Goods to Us within 14 days of withdrawal and bear the costs associated with the return of the goods. You are entitled to a refund of the shipping cost, but only up to the amount corresponding to the cheapest delivery method offered by Us. If the withdrawal is due to Us breaching the Contract, We will cover the costs of returning the goods to Us, but again, only up to the amount corresponding to the cheapest delivery method offered for the delivery of the Goods.
8.7. In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for the withdrawal. However, the amount will not be refunded until the Goods are received, or you prove to Us that they have been sent back to Us. Please return the Goods in a clean condition, and if possible, with the original packaging.
8.8. In case of withdrawal from the Contract under Article 8.2 of the Terms, you are responsible for any decrease in the value of the Goods resulting from handling the Goods in a way other than necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in the manner you would have reviewed the Goods in a physical store. If we have not refunded the Price yet, we are entitled to offset the amount of costs for the decrease in value against your claim for the refund of the Price.
8.9. We have the right to withdraw from the Contract at any time before the Goods are delivered to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the period stated in Article 6.1 of the Terms has passed. We can also withdraw from the Contract if it is evident that you have intentionally provided incorrect information in the Order. If you are purchasing the Goods as part of your business activity, i.e., as an entrepreneur, we have the right to withdraw from the Contract at any time, even without providing a reason.
9. DISPUTE RESOLUTION WITH CONSUMERS
9.1. We are not bound by any codes of conduct in relation to the buyers according to Section 1826(1)(e) of the Civil Code.
9.2. Consumer complaints are handled via the email address sales@ecogalactics.cz. Information about the resolution of a complaint will be sent to the buyer's email address.
9.3. For out-of-court resolution of consumer disputes arising from the Contract, the Czech Trade Inspection Authority (Česká obchodní inspekce) is responsible. The address is Štěpánská 796/44, 110 00 Prague 1, IČ: 000 20 869, website: http://www.coi.cz. The platform for online dispute resolution, available at http://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and a consumer buyer under an electronically concluded purchase agreement.
9.4. The European Consumer Centre Czech Republic, located at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council, dated May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumers).
10. FINAL PROVISIONS
10.1. If our legal relationship has an international element (for example, if we deliver goods outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, this provision will not affect your rights arising from applicable legal regulations.
10.2. All written correspondence will be delivered to you by electronic mail. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Contract, your User Account, or the address from which you contacted us.
10.3. The Contract may only be amended based on our written agreement. However, we are entitled to change and supplement these Terms, but such changes will not affect Contracts already concluded, only those concluded after the effectiveness of this change. We will inform you of any change only if you have created a User Account (so that you are informed in case you place a new Order, but the change does not establish a right of termination, as there is no Contract that could be terminated), or if we are to deliver Goods to you regularly and repeatedly under the Contract. Information about the change will be sent to your email address at least 14 days before the change takes effect. If we do not receive a termination of the Contract for regular and repeated deliveries of Goods from you within 14 days from the notice of change, the new conditions will become part of the Contract, and will apply to the next delivery of Goods after the change takes effect. The notice period for termination is 2 months.
10.4. In the event of force majore or unforeseen events (natural disasters, pandemics, operational failures, supplier disruptions, etc.), we are not responsible for any damages caused due to or in connection with such force majore events. If the force majore condition lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
10.5. These Terms include sample forms for complaints and withdrawal from the Contract.
10.6. The Contract, including the Terms, is archived in electronic form by Us, but it is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without our assistance. We recommend that you save the Order confirmation and Terms.
10.7. These Terms are effective from March 20, 2024.
Annex 1: Complaint form
Annex 2: Withdrawal Form