I. Basic provisions

1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

• Lukáš Zaněk
• Company ID: 08940584
• with registered office at: Londýnská 51/2, 460 01 Liberec
• registered with the Municipal Authority of Liberec             
• contact details:
• email: info@vintageisnotdead.cz
• phone: +420 776 147 318
• website: www.vintageisnotdead.cz

(hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside their business activities as a consumer or within their business activities (hereinafter referred to as the "Buyer") via a web interface located on the website available at the internet address www.vintageisnotdead.cz (hereinafter referred to as the "Online Store").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in English.

 II. Information about goods and prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. The prices of the goods include value added tax, all related fees, and the costs of returning the goods if, due to their nature, they cannot be returned by regular mail. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed terms.
2. All presentation of goods in the online store catalog is for informational purposes only, and the seller is not obligated to enter into a purchase agreement for these goods.
3. Information on the costs associated with packaging and delivery of goods is published in the online store.
4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
5. Goods sold on this website www.vintageisnotdead.cz, unless expressly marked as "new", are sold as used.

 III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.
2. The buyer places an order for goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration.  

3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
4. Before sending the order, the buyer is allowed to check and change the information entered in the order. The buyer sends the order to the seller by clicking on the "Order with obligation to pay" button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have read these terms and conditions.
5. Immediately after receiving the order, the seller shall send the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.
6. If the seller is unable to meet any of the requirements specified in the order, they shall send the buyer a modified offer to their email address. The modified offer shall be considered a new draft purchase contract, and in such a case, the purchase contract shall be concluded upon the buyer's confirmation of acceptance of this offer to the seller at their email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives confirmation of the order from the seller. The buyer may cancel the order by telephone at the telephone number or email address of the seller specified in these terms and conditions.
8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer shall be considered a new draft purchase contract and, in such a case, the purchase contract shall be concluded upon confirmation of acceptance by the buyer to the seller's email address.

 IV. Customer account

1. Based on the buyer's registration in the online store, the buyer can access their customer account. The buyer can order goods from their customer account. The buyer can also order goods without registering.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account at in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The seller may cancel a user account, especially if the buyer no longer uses their user account or if the buyer violates their obligations under the purchase agreement or these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.

 V. Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer in the following ways:

• by bank transfer to the seller's bank account no. 229989793/0600, held at MONETA Money bank, a.s.,
• online card payment via the ShoptetPay online payment gateway
• ApplePay
• GooglePay

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer shall proceed in accordance with the instructions of the relevant electronic payment provider. [S16]
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipment of the goods is not a deposit.
7. In accordance with the Act on Sales Records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online, or in the event of a technical failure, within 48 hours at the latest.
8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via a parcel delivery service to the address specified by the buyer
• by preparing the goods for personal collection at the seller's registered office, if specified by the buyer in the order

9. The choice of delivery method is made during the ordering process.
10. The costs of delivery of the goods, depending on the method of shipment and receipt of the goods, are specified in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier immediately. If the packaging is found to have been tampered with, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.
13. The seller shall issue a tax document – invoice to the buyer. The tax document shall be sent to the buyer's email address.
14. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

 VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside their business activities as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the contract covers several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The buyer may not withdraw from the purchase contract, among other things:

• the provision of services, if they were performed with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case the buyer would not have the right to withdraw from the contract,
• for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
• for the delivery of alcoholic beverages which can only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the seller's control,
• the delivery of goods that have been customized according to the buyer's specifications or for their personal use,
• delivery of goods that are subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery,
• delivery of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
• delivery of audio or video recordings or computer programs, if their original packaging has been broken,
• delivery of newspapers, periodicals or magazines,
• delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
• in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller on this website (https://www.vintageisnotdead.cz/en/returns). The buyer shall send the withdrawal from the purchase contract by completing this form or to the seller's delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.
7. If the buyer withdraws from the contract, the seller shall return to the buyer without delay, but no later than 14 days from withdrawal from the contract, all funds, including delivery costs, which it has received from the buyer, in the same manner. The seller shall return the funds received to the buyer in a different manner only if the buyer agrees and if this does not incur additional costs.
8. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller shall refund the buyer the delivery costs in the amount corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer hands over the goods or proves that they have been sent to the seller.
10. The buyer must return the goods to the seller in their original condition, i.e. undamaged, unused, unworn, unwashed, and unsoiled, and, if possible, in their original packaging. The seller is entitled to unilaterally offset any damage to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address provided in the order and shall return all funds, including delivery costs, received from the buyer under the contract within 14 days of notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.
12. Failure to take delivery of the goods by the buyer shall not automatically be considered a withdrawal from the purchase contract. If the buyer fails to take delivery of the goods without informing the seller in good time of their intention to withdraw from the purchase contract, they shall be requested to pay the additional costs of redelivery of the goods after the undelivered goods have been returned to the seller. If the buyer fails to do so within 7 days, the seller shall return the money for the goods to the buyer in the same manner in which it was received, deducting the costs of delivery of the goods and a handling fee of EUR 5.

 VII. Rights arising from defective performance

1. The seller is liable to the buyer for the goods being free of defects upon delivery. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

• the goods have the characteristics agreed upon by the parties, and if no agreement has been made, they have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
• the goods are fit for the purpose stated by the seller or for which goods of this type are normally used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined by an agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight, and the goods comply with legal requirements.

2. The seller's obligations arising from defective performance shall be at least to the extent of the manufacturer's obligations arising from defective performance. Otherwise, the buyer is entitled to exercise their right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
3. If the period during which the goods can be used is specified on the goods, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal regulations, the provisions on quality guarantees shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
4. The provisions of the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use of the goods, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if they knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves. Goods sold on this website www.vintageisnotdead.cz, unless expressly marked as "new", are sold as used.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if they cannot use the item properly due to repeated occurrence of defects or defects after repair,
• in the event of a larger number of defects in the goods.

7. A breach of contract is considered substantial if the party in breach knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen such a breach.
8. In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or irreparable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
9. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, replacement of the goods, or withdrawal from the contract.
10. When making a complaint, the buyer is obliged to inform the seller of the right they have chosen. A change of choice without the seller's consent is only possible if the buyer requested repair of a defect that proves to be irreparable. If the buyer does not exercise their right arising from a material breach of contract in a timely manner, they have the same rights as in the case of a minor breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price on the basis of withdrawal from the contract.
12. If the seller proves that the buyer knew about the defect in the goods before taking them over or caused it himself, the seller is not obliged to satisfy the buyer's claim.
13. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept complaints at any establishment where complaints can be accepted, or at the registered office or place of business. The seller is obliged to provide the buyer with written confirmation of when the buyer exercised their right, the content of the complaint and the method of handling the complaint requested by the buyer, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
15. The seller or an employee authorized by the seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably necessary for expert assessment of the defect, depending on the type of product or service. Complaints, including the removal of defects, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the buyer expresses their will (exercises their right arising from defective performance) to the seller is considered the moment when the complaint is made.
16. The seller shall inform the buyer in writing of the outcome of the complaint.
17. The buyer is not entitled to rights arising from defective performance if the buyer knew that the item was defective before taking delivery or if the buyer caused the defect themselves.
18. In the event of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer may exercise this right against the seller within one month of the expiry of the warranty period, otherwise the court may not grant it.
19. The buyer has the right to choose the method of complaint.
20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
21. Further rights and obligations of the parties relating to the seller's liability for defects are governed by the seller's complaint procedure.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other by e-mail.
2. The buyer shall deliver correspondence to the seller to the email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer to the email address specified in the buyer's customer account or in the order.

 IX. Personal data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give us your written consent, we will not use your data for any purpose other than to fulfill the contract, with the exception of your email address, to which commercial communications may be sent, as this practice is permitted by law unless you refuse it. These communications may only relate to similar or related goods and can be easily unsubscribed at any time (by sending a letter, email, or clicking on a link in the commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
2. For more detailed information on personal data protection, please see the Privacy Policy HERE

 X. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The Seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. on consumer protection, within the scope of its authority.

XI. Final provisions

1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
2. The seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to the buyer.
3. All rights to the Seller's website, in particular copyrights to the content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller's consent.
4. The seller is not liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use methods that could have a negative impact on its operation and may not perform any activity that could enable them or third parties to interfere with or use the software or other components of the online store in an unauthorized manner, or to use the online store or parts thereof or the software in a manner that is contrary to its intended use or purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may amend or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

 

These terms and conditions shall enter into force on September 6, 2021.