Terms and Conditions
GENERAL TERMS AND CONDITIONS
General Terms and Conditions (the "GTC") for online ordering and purchase of goods at www.viaconcept.store.
Below we introduce our General Terms and Conditions, which govern your purchase through ViaStore. We recommend reading these GTC and other documents forming the Agreement carefully to ensure that you fully understand them.
The offers on our website www.viaconcept.store are oriented exclusively towards consumers who conclude the purchase for a purpose that cannot be attributed to their commercial or professional activity. Unless specifically stated otherwise, or when the nature of the provision excludes such application, these GTC shall also apply to any offline purchases in our (brick and mortar) store(s).
If we use the term "we" or "our" for the purposes of these GTC, we mean Via Concept Store s. r. o., Pštrossova 191/22, 110 00 Prague 1, Czech Republic, identification number: 17254272, which is registered with the Municipal Court in Prague, under C 368943 (the "ViaStore" or the "Company").
- AGREEMENT AND DELIVERY OF GOODS
- By placing an order, you declare that you act solely for private purposes.
- By ordering goods on www.viaconcept.store (the "Website"), you indicate your willingness to enter into a purchase agreement (the "Agreement") between you and ViaStore. These GTC and other documents referenced herein are an integral part of the Agreement between you and ViaStore. When claiming or returning any damaged goods, our Claims Procedure viaconcept.store/claims also applies as part of the Agreement.
- The checkout process is implemented on the Website. It allows you to check and amend any errors before submitting your order via the Website. Please take the time to read and check your order on each page of the order process. You acknowledge that by clicking on Check out button, you are submitting a binding order and undertake to pay the full purchase price. Any confirmation of your order is subject to your payment for the order. We reserve the right to cancel (or not to accept) your order when we do not receive the payment.
- Immediately after you submit your order, we will send you a confirmation e-mail to the address you have provided. As soon as you receive this confirmation e-mail, this means that we have concluded the Agreement; for the avoidance of doubt the application of the provisions of Section 1732(2) of the Civil Code is excluded.
- If a third-party supplier from whom we order goods fails to meet its obligation to deliver the ordered goods to us on time or to deliver the correct goods to us, even if there was no fault on our part in placing the order, we are not obliged to deliver your order. Therefore, there is no legal claim for goods that we cannot deliver properly and on time from a third party for the reason set out above; this exception applies even if the Agreement has been entered into and you have received a confirmation e-mail from us. If this situation arises, we will inform you immediately.
- We do not accept any responsibility to provide goods that we would have to source from a third party. This also applies to goods that are fungible (things whose characteristics are given by a general description). We are only obliged to deliver to you goods that are currently in stock or in stock of our suppliers. We only deliver goods within the EU, whereby delivery time means delivery time on working days, i.e. Saturdays, Sundays and public holidays are not included in the delivery time.
- You will always be informed of the estimated delivery time on the specific goods page and before placing your order.
- In the event that an item you have ordered is unavailable, we will let you know as soon as we can and, where payment has already been made, make a refund to your payment method without undue delay.
- We reserve the right not to accept an order or to cancel an order, particularly if it is placed using software, a robot, web crawler or spider or any other automated system or using scripts or any other third-party services used to place an order on your behalf.
- PRICE OF GOODS, SHIPPING AND DELIVERY
- The price of the goods means the price as quoted on the Website at the time your order was sent to us. The prices quoted include value-added tax. Ownership of the goods passes to you once you have paid the full price of the confirmed order.
- You can choose to have the ordered and paid goods delivered to your address, or you can pick up the ordered and paid goods at the store.
- We may offer you free shipping for orders exceeding certain amount, as always presented to you when placing your order. Otherwise, a delivery fee shown when you are placing your order will be charged. Additional fees may apply as always communicated to you.
- Express delivery may be possible for certain orders. You can check the possibility of express delivery and the specific price of this service when placing your order.
- Depending on where your goods are dispatched from, there may be an increased long distance delivery charge. If long distance delivery charges apply to your selected item, we will inform you before dispatching your order. Long distance delivery costs will be charged to you by Via Store. If you choose to return any item where long distance delivery charges have been applied, we will only refund the long distance delivery charges if the entire order is returned. Your legal rights remain unaffected.
- You acknowledge that we may update the pricing and payment terms from time to time. ViaStore may add new services for additional fees and charges or amend fees and charges for existing services, at any time in its sole discretion. The change of prices or fees will not affect the already confirmed orders.
- We determine the method of delivering the goods to your address unless specified otherwise in the Agreement. In the event that the agreed-upon delivery method is based on your special request, you shall bear the risk and any additional costs associated with this method of transport.
- If, pursuant to the Agreement, we are obliged to deliver the goods to a location determined by you in the order, you are obliged to take over the goods upon their delivery.
- In the event that it is necessary to deliver the goods repeatedly or in a manner other than what was specified in the order for the reasons on your part, you shall be obliged to pay the costs associated with repeated delivery of the goods or the costs associated with a different delivery method.
- 2.10.Upon takeover of the goods from the carrier, you are obliged to check that the packaging of the goods has not been breached and in the event of any defects, to immediately inform the carrier of such a fact (i.e. to the deliverer of the goods from which you received the goods). In the event that the packaging has been breached, indicating unauthorised entry into the shipment, you do not have to take over the shipment from the carrier. In such a case, please inform us. By signing the delivery sheet or confirmation of the takeover of the goods, you confirm that the package containing the goods was not breached.
- 2.11.The risk of damage to the goods is transferred to you upon the takeover of the item; the risk of damage is also transferred if you do not take over the item even though we allowed you to handle it and you breach the Agreement by not taking over the goods.
- You can only pay for the goods using the payment method(s) displayed as available to pay in the checkout process.
- We only accept credit/debit card payments. We reserve the right not to accept payments from accounts that are not registered in the European Union. Any charges for payment by the credit/debit card of your choice are payable by you and are not included in the price of your order.
- If you pay for your order by credit/debit card, the funds will be debited from your account immediately after you place and submit your order.
- All communications, including invoices, reminders and other documents, are sent exclusively electronically via e-mail.
- PROMOTION VOUCHERS AND THEIR APPLICATION
- Promotional vouchers cannot be purchased. Promotional vouchers are given out in connection with promotional and advertising events and have a limited validity period.
- Promotional vouchers can be redeemed once when ordering ViaStore goods and only for the duration of their validity, while promotional vouchers cannot be redeemed for certain goods. Promotional vouchers cannot be used to purchase gift vouchers. Some promotional vouchers may contain a minimum order value condition for which the voucher can be redeemed.
- The promotional voucher must at least equal the value of the goods ordered. If the value of the voucher does not reach the value of goods, the difference between the price of the goods and the value of the promotional voucher may be paid by any accepted payment method. If the value of the goods does not reach the value of the voucher, you have no right for any payback or money for such value; promotional vouchers cannot be exchanged for money, nor do they bear any interest.
- If an order or part of an order that is paid for in whole or in part by promotional vouchers is returned, for example, due to cancellation of the Agreement, the amount paid by the promotional vouchers will not be refunded.
- A promotional voucher can only be redeemed before the completion of the order. It is not possible to claim the voucher retrospectively. You may not transfer promotional vouchers and the rights associated with them to third parties. Unless expressly permitted, you may not combine multiple promotional vouchers in one order.
- We reserve the right to charge you back the full price of the goods you have retained if the value of the goods purchased has fallen below the value of the promotional voucher redeemed due to the return of the goods.
- GIFT VOUCHERS AND THEIR REDEMPTION
- Gift vouchers are vouchers that can be purchased. They can be used to purchase ViaStore goods but cannot be used to purchase other gift vouchers. If the value of the gift voucher does not reach the price of the ordered goods, the difference can be paid by any payment method.
- The gift voucher must at least equal the value of the goods ordered. If the value of the voucher does not reach the value of goods, the difference between the price of the goods and the value of the gift voucher may be paid by any accepted payment method. If the value of the goods does not reach the value of the voucher, you have no right for any payback or money for such value; gift vouchers cannot be exchanged for money, nor do they bear any interest.
- RETURN OF GOODS – FOR ONLINE SHOPPING ONLY
- This section 6 applies only to online purchases. If you shop offline in our store(s), this section does not apply.
- If you purchase goods online from the ViaStore, you have a legal right to return them within the 14 days after the purchase (see below).
- If you choose to return any item for which long distance delivery charges have been applied, we will only refund the long distance delivery charges if the entire order is returned. Otherwise, you will be responsible for the cost of returning the item.
- We would like to point out that you are legally liable for any depreciation in the value of the goods as a result of handling the goods in a manner other than that necessary to familiarise yourself with the nature, properties and functionality of the goods (e.g. if you use the perfume after you have already tried it once or if you clearly wear clothes more than once or wash them). Furthermore, you are not entitled to withdraw from the Agreement for goods made to special requirements or personalised (e.g. engraved packaging), for goods that have been removed from their sealed packaging and cannot be returned for hygiene reasons (e.g. when opening cosmetics and other goods that come into direct contact with the skin).
Your rights when returning goods (returning goods within 14 days after purchase):
- You have the right to withdraw from the Agreement within 14 days without giving any reason. The 14-day period runs from the date on which you, or a person designated by you (not the carrier), received the last item of ordered goods.
- In order to exercise your right of withdrawal within the 14-day period, you must inform us via firstname.lastname@example.org by clearly stating that you are exercising this right. You can also use the withdrawal form below, but it is not required. You can also use the online withdrawal form on our website, in which case we will send you an e-mail confirmation that we have registered your withdrawal (e.g. by e-mail) without undue delay. However, you must still exercise this right within the 14-day period for withdrawal without giving any reason.
- Please note that you cannot exercise your right to withdraw from the Agreement within 14 days without giving a reason for goods which are unpacked after receipt and which, by their nature, particularly for hygiene reasons or because they have been custom-made or specially modified, cannot be returned.
Consequences of withdrawal:
- If you withdraw from the Agreement using the above procedure, you may choose between the two options: (i) we wiil either issue and send you (via e-mail) a gift voucher in the amount you paid for the goods, including the money you paid for the shipping the goods back to us (however, we will only refund the cheapest type of shipping we offer), or (ii) we will refund the amount you paid for the goods, including the money you paid for shipping the goods back to us (however, we will only refund the cheapest type of shipping we offer). In either case we will send you the funds (or the gift voucher) without undue delay, but no later than 14 days from the day we receive and check the returned goods.
- Upon cancellation of the Agreement, you must return or send such returned goods to us without undue delay, but no later than 14 days from the date of cancellation. You will also comply with the above obligation if you send the goods before the expiry of the aforementioned 14-day period.
- 6.10.With regard to the cost of postage or shipping, we assume that you will be sending the returned goods from the same address as the address you provided when you placed the order, but if you send the returned goods from another country, we will not reimburse you for the shipping costs. You will be liable for any diminution in the value of the returned goods due to the improper handling of the goods, i.e. other than that which is necessary given their nature and characteristics.
Via Concept Store s. r. o., Pštrossova 191/22, 110 00 Prague 1, Czech Republic
I/we(*) hereby notify you that I/we(*) withdraw from my/our(*) agreement for the purchase of goods in respect of the following goods/services(*)
- Ordered on (*)/delivered on (*)
- Name of consumer(s)
- Address of consumer(s)
- Refund by: Credit/debit card refund/Gif voucher(*)
- Account number(*) (credit/debit card refund)
(*) Delete non-compliant ones.
- Refunds and chargebacks are either returned to the account from which the order was paid, or issued in the form of a gift voucher (sent to your e-mail), depending on your choice. If you paid by gift voucher, the appropriate amount will be added to your gift voucher account. Please refer to Art. 6.7 of thes GTC.
- CUSTOMER SUPPORT
- If you have any questions, please do not hesitate to contact our customer support team.
- LIABILITY FOR DEFECTS
- The rights and obligations from defective fulfilment are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code). The Buyer shall be entitled to exercise a right from defective goods that occur to the goods within 24 months of takeover (Seller's quality warranty). The right from
- Our obligation is to deliver goods to you that are free from defects, i.e.:
- the goods have the characteristics we agreed upon when we entered into the Agreement, or they match our description, including the description in advertising materials, or they look as one would expect with respect to the type of goods,
- the goods are suitable for the use for which they are sold or for the use usual for the type of goods,
- the goods meet the legal requirements that apply to their characteristics,
- the goods are of the required quality and size, and
- if the quality or design has been determined on the basis of a sample or design, then the goods must be of at least the same quality as the sample or design.
- If the goods do not comply with the above characteristics, you may request delivery of goods that are not defective, but this only applies if this would not be unreasonable in view of the nature of the defect. If the goods cannot be properly used because the goods you have purchased have a recurring defect or multiple defects independent of each other, you are entitled to a replacement for new goods. In this case, you also have the option to withdraw from the Agreement.
- If you do not withdraw from the Agreement, demand new goods or repair of the defective goods, you may claim a reasonable discount on the price of the goods.
- You may only exercise the right of defective performance with respect to defects that occur to the goods within 24 months of receipt of the goods. If the defects occur to the goods within 6 months of receipt of the goods, the goods shall be deemed to have been defective at the time of receipt.
- It is not possible to assert rights under defective performance if you were aware of the defect before the purchase of the goods or if the defect was caused by you and your improper use.
- The terms and conditions of the claim are governed by and are described in detail in our separate Claims Procedure [Insert hyperlink].
- PRIVACY AND SECURITY
- 10.2.ViaStore has implemented and will maintain appropriate technical and organisational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to ensure the integrity and security of user accounts and to protect your data against accidental loss, destruction, or alteration, unauthorised disclosure or access or unlawful destruction.
- FURTHER INFORMATION
- By clicking on Check out button you agree to enter into a distance purchase agreement with us. All costs associated with the operation of the communication tool (e.g. internet connection fees, telephone charges, etc.) in the process of concluding the Agreement are borne by each party.
- We may, in our sole discretion, modify or update these General Terms and Conditions and the Agreement from time to time, so you should review this page periodically, or at least when placing the order when you consequently concluding the Agreement with us.
- Agreements concluded under a different version of the General Terms and Conditions shall be governed by the terms and conditions in force at the time the Agreement was concluded.
- Except as otherwise explicitly provided in these General Terms and Conditions, the Agreement, your rights and obligations hereunder, may not be transferred or assigned by you, but may be assigned by ViaStore without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- The General Terms and Conditions and the Agreement are provided in the English language. If you are provided with a translation of the English language version, you acknowledge and agree that the translation is provided only for your convenience and that your relationship with ViaStore will be governed by the General Terms and Conditions and Agreement in English. In case of any discrepancy or contradiction between the language versions, the English version shall take precedence.
- 11.6.Except as otherwise expressly set forth in the General Terms and Conditions, in the event that any provision of these General Terms and Conditions shall be held by a court or other competent authority to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these General Terms and Conditions shall remain in full force and effect.
- The offers published on the Website may only be used by persons who are at least 16 years of age.
- Each customer is entitled to maintain only one Customer Account with ViaStore at a time. We reserve the right to delete repeated registrations.
- These General Terms and Conditions do not apply to entrepreneurs.
- 11.10.The General Terms and Conditions are located on the Website, where you can save or print these General Terms and Conditions using the usual instructions. The General Terms and Conditions can be downloaded in PDF format by clicking on this [Insert URL address]. To view this file, you must have Adobe Reader installed, which you can download for free at www.adobe.com/cz, or another PDF viewer.
- 11.11.You can also save the General Terms and Conditions during the order finalisation process, where you can download the General Terms and Conditions to your computer on the last page. The order confirmation contains a summary of all items ordered and our General Terms and Conditions or a link to them. Therefore, you can simply print or save them from the e-mail.
- 11.12.The Agreement and the GTC are governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code (the "Civil Code").
- 11.13.In the event of any dispute that we have not been able to resolve together directly, you have the option of using out-of-court dispute resolution. In this case, please contact the Czech Trade Inspectorate (www.coi.cz), the authority for the out-of-court resolution of consumer disputes (ADR) and follow the instructions on the website; you can also find further information on ADR at the same place. You can also lodge a complaint with the European Online Dispute Resolution Platform (www.ec.europa.eu/odr).
This General Terms and Conditions shall become valid and effective on 9.6.2023.
Via Concept Store s. r. o.