Commercial terms

Terms and Conditions

VAPE spol. s r. o.

with registered office at Bilanska 1647 / 34a, 767 01 Kromeriz, Czech Republic

identification number: 00543551

registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 1911

for the sale of goods through an online store located at the Internet address

http://www.vape.eu

1. 1. Introductory provisions

1.1. These Business Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of VAPE spol. s r.o., with its registered office at Bilanska 1647 / 34a, 767 01 Kromeriz, ID No. 00543551, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 1911 (hereinafter referred to as the "Seller"), in accordance with Section 1751, 89/2012 Coll. (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising out of or in connection with a sales contract (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another individual (hereinafter referred to as the “Buyer”) through the seller's internet shop. The e-shop is operated by the seller on a website located at www.vape.eu (hereinafter referred to as the “website”) through the web interface (hereinafter referred to as the “web interface of the e-shop”).

1.2. Terms and Conditions do not apply to cases where a person intending to purchase goods from a Seller is a legal person or person who acts when ordering goods in the course of the business or in the independent pursuit of the profession.

1.3. A provision differing from the Terms and Conditions may be negotiated in the Purchase Agreement.Distinctive arrangements in the Purchase Agreement take precedence over the Terms and Conditions.

1.4. Terms and Conditions are an integral part of the Purchase Agreement.The Purchase Agreement and the Terms and Conditions are made in English.The Purchase Agreement can be concluded in English.

1.5 The Seller may change or complete the Terms and Conditions.This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

1.2. User account

2.1. Based on Buyer registration made on a website, Buyers can access their user interface. From the user interface, the Buyer can perform the ordering of the goods (hereinafter referred to as the “user account”). If the web interface of the e-shop allows, the Buyer can also order goods without registration directly from the web interface of the e-shop.

2.2. When registering on a website and when ordering goods, the Buyer is obligated to indicate correctly and truthfully all data.The details given in the user account are updated by the Buyer upon any change.Data provided by the Buyer in the user account and when ordering the goods are considered by the Seller to be correct.

2.3. Access to the user account is secured by username and password.Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.

2.4. The Buyer is not authorized to allow the use of a user account to third parties.

2.5. The Seller may cancel the user account, especially if the Buyer does not use the user account for more than five (5) years or if the Buyer infringes his obligations under the Purchase Agreement (including Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller,maintenance of hardware and software of third parties.

1. 3. Closing the Purchase Agreement

3.1. All presentations of the goods placed on the web interface of the e-shop are informative and the Seller is not obliged to conclude a Purchase Agreement for these goods. Section 1732 (2) of the Civil Code is not applied. The information provided by the Seller before accepting the order is binding only if it is confirmed by the Seller along with the Buyer's order.

3.2. The web interface of the e-shop contains information about the goods, including the prices of individual goods. Goods prices are listed including VAT. Product prices remain valid for as long as they are displayed in the web interface of the e-shop.

3.3 The web interface of the e-shop also includes information about the costs associated with packing and delivery of goods.  

3.4. When ordering the goods, the Buyer will fill out the order form in the web interface of the e-shop.The order form contains, in particular, information about:

- ordered goods with goods´ description (the Buyer “adds” the ordered goods into the electronic shopping cart of the web interface of the e-shop),

- price of ordered goods

- stock availability

- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods,

- information on the cost of delivering the goods (hereinafter referred to as the "order").

3.5. The fact that the actual goods are visually different from its graphic display on the seller's website is not a defect.

3.6. Before sending the order to the Seller, it is possible for the Buyer to check and modify the data entered by the Buyer in the order, also considering the Buyer's ability to identify and correct errors in the order. The order is sent by the Buyer to the Seller by clicking on the "send order " button.The data listed in the order are considered by the Seller to be correct.The Seller will confirm immediately the order receipt to the Buyer by e-mail to the Buyer's e-mail address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").

3.7. The order becomes valid if Buyer fills all the obligatory data in the order form, acquaints with these Terms and Conditions and to confirms that he has read these Terms and Conditions agrees with them.

3.8. The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

3.9. The contractual relationship between the Seller and the Buyer arises from the order confirmation (acceptance), which is sent by Seller to the Buyer´s e-mail address.

3.10. The Seller reserves the right not to be able to fulfill any of the requirements in the order. In that case that any of the requirements specified in the order cannot be fulfilled by the Seller, he shall send to Buyer´s electronic address a modified offer, indicating possible variants of the order and request the Buyer's opinion.

1. 4. Cost of goods and payment terms

4.1 The total purchase price and any costs associated with the delivery of goods under the Purchase Agreement may be paid by Buyer in the following ways:

- by PayPal

- by bank transfer to Seller's account number specified in order confirmation sent to Buyer´s e-mail address

- by VISA and Master card (only 3D secured cards are accepted)

4.2. With the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packing and delivery of the goods at the agreed rate. Unless stated otherwise, it is understood hereinafter the delivery costs are meant to be the purchase price

4.3. The Buyer is obliged to pay in the following currencies CZK, EUR, USD.

4.4. In the case of a non-cash payment, the Buyer is obliged to pay the purchase price. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's Account.

4.5. If the order is not paid within sixty (60) days from the date of issue, the order will be automatically canceled.

4.6. Any discounts on the goods´ price provided by the Seller to the Buyer can´t be combined.

4.7. In the case of repeated purchases in VAPE e-shop, depending on the realized volume of purchased goods, individual discounts are provided to the Buyer.

4.8. The Seller is obliged to issue a tax document - invoice. The goods are shipped together with the invoice issued in accordance with the Buyer's order. Tax document - the invoice is issued by the Seller to the Buyer and sent to the Buyer by e-mail. The Seller is a VAT payer.

1. 5. Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that, according to the provisions of Section 1837 (d) of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the goods which has been adjusted according to the Buyer's wish.

5.2. If the case referred to in Article 5.1 is not applicable, when the Purchase Agreement can not be withdrawn, the Buyer shall, in accordance with Section 1829 (1) of the Civil Code, withdraw from the Purchase Agreement within 14 (fourteen) days after the goods takeover. The withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer uses the form provided by the Seller on the website www.vape.eu (see the Withdrawal from the Purchase Agreement Form).

5.3. In case of withdrawal from the Purchase Agreement according to Art. 5.2 of the Terms and Condition, the Purchase Agreement is canceled immediately. The goods must be returned to the Seller within 14 (fourteen) days after the withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods can not be returned by mail.

5.4. In the case of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall refund the received money from the Buyer within 14 (fourteen) days after withdrawal from the Purchase Agreement in the same manner as the Seller has accepted them from the Buyer. The Seller is also entitled to return the money provided by the Buyer upon returning the goods by the Buyer or otherwise, the Buyer agrees to do so without incurring additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received money to the Buyer before the Buyer returns the goods or shows that the goods have been dispatched to the Seller. Returned goods will be checked to be fully functional and free from defects, in the same condition, unchanged. In case the damaged goods are received, the Seller is not obliged to accept these goods as legitimately returned.

5.5 If the returned goods are damaged, the Seller is obliged to inform the Buyer about the rate of damage. The Seller is entitled to unilaterally set off the claim for damages ocurred on returned goods against the Buyer's claim for the purchase price refund.

1. 6. Carriage and delivery of goods

6.1. Where the mode of transport is agreed on the base of a Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is required to deliver the goods in the place specified by the Buyer in the order, according to the purchase contract, the Buyer is obliged to take over the goods upon delivery.

6.3. The delivery time starts from the date on which all details regarding the order and the payment have been clarified between the Seller and the Buyer. The term of delivery deems to be kept if the goods are prepared for shipment within the prescribed period. It is possible to deliver the ordered goods in parts.

6.4. If the Seller is required to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, resp. costs associated with another delivery method.

6.5. When the goods are taken over from the carrier, the Buyer is obliged to check the integrity of the packages and, in the case of any defects, to notify the carrier without undue delay.In the case of an unauthorized damaged of the packages, the Buyer is not required to take over the goods from the carrier.

6.6. The goods are delivered to the Buyer outside the Czech Republic (EU, Schengen Area, non-European countries) on the basis of agreed delivery terms according to Incoterms 2010.

7. Rights of defective performance

7.1. The rights and obligations of the Contracting Parties in respect of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

7.2. The Seller is liable to the Buyer that at the time of takeover for the following:

- the goods have characteristics that the parties have negotiated and, if the arrangement is lacking, have characteristics that the Seller has described or which the Buyer is expected to have with the respect of the nature of the goods,

- the goods are suitable for the purpose which the Seller indicates or to which goods of this type are usually used,

- the goods are in the appropriate quantity,

- the goods comply with the legal requirements,

- the Seller is not responsible for goods damage during transport.

7.3. If a defect appears within six (6) months after takeover, the goods are deemed to have been defective already at the time of takeover.

7.4. The Buyer claims the defective performance by the Seller at: VAPE spol.s r.o., Bilanska 1647 / 34a, 767 01 Kromeriz, Czech Republic.The moment when the claim is made is the moment when the Seller received the claimed goods from the Buyer.

7.5. The Buyer is obliged to strictly follow the assembly instructions and use of the products.

7.6. The other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.

1. 8. Other rights and obligations of the parties

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods and receiving of the goods.

8.2 The Seller is not bound by any Code of Conduct in relation to the Buyer within the meaning of Section 1826 (1)e) the Civil Code.

8.3. If the dispute arises between the Seller and the Buyer based on a concluded purchase contract, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to:

Ceska obchodni inspekce

Ustredni inspektorat – oddeleni ADR

Stepanska 15

120 00 Praha 2

Email: adr@coi.cz

The Buyer is also entitled to use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/

8.4. The Seller is authorized to sell the goods on the basis of a trade license.The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office.Supervision of personal data protection is carried out by the Office for Personal Data Protection.The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.5. The Buyer hereby takes the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.

1. 9. Privacy policy

9.1. Personal data protection of the Buyer is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council.

9.2. The terms of this protection are processed in the document GDPR displayed on www.vape.eu. Information about the processing of personal data, which are published on the Seller's website.

1. 10. Sending business messages and storing cookies

10.1. The Buyer agrees to receive the information related to the Seller's goods, services or business in the Buyer's electronic address and agrees to receive the commercial communication in the Buyer's electronic address.

10.2.Buyer agrees to store so-called cookies on his / her computer.If the purchase on the website is possible and the Seller's obligations under the Purchase Agreement are fulfilled without “cookies” being stored on Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.

1. 11. Special Provisions

11.1. Technical and business documentation, product making and related costs may vary according to new experience and technological improvements.

11.2. Design changes due to further technical and technological developments are reserved. Data regarding dimensions, weight, etc. are subject to manufacturing and technological deviations.

11.3. The Buyer undertakes to maintain confidentiality to third parties regarding the terms of the contract concluded between the Seller and the Buyer, as well as the trade secrets of the Seller or information that indicates that the information is sensitive and non-public.

11.4. The Buyer may not make any functional changes to the goods or mark them other way than as indicated in the factory. In such a case, the Seller is not responsible for any problem associated with the function of the goods

1. 12. Final Provisions

12.1. These Terms and Conditions and Purchase Agreement are governed by and construed in accordance with the regulations and laws of the Czech Republic. The validity of this choice of law arrangement is governed by the applicable laws of the Czech Republic.

12.2.If a relationship based on a Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.This does not affect the consumer's rights under generally binding legal regulations.

12.3.If any provisions of Terms and Condition is invalid or ineffective, or becomes invalid or ineffective, then such a provision will become applicable which meaning is as close as possible to the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in an electronic form in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.

12.5. The appendix of the Terms and Conditions is a “Withdrawal Form”.

12.6. Seller´s contact details: delivery address: VAPE spol. s r.o, Bilanska 1647 / 34a, 767 01 Kromeriz, Czech Republic; e-mail address:  vape@vape.cz; phone +420 573 308 132, +420 573 308 141

These Terms and Conditions enter into force on:  1. 8. 2018