Terms and Conditions
COMPANY TERMS AND CONDITIONS
Company Name: Willow Group s.r.o.
Company ID Number (IČO): 07612958
File Number: C 304049 registered at the Municipal Court in Prague
Date of Registration: November 5, 2018
Registered Office: Slavíkova 1555/27, Vinohrady, 120 00 Prague 2
Operating E-shop: air-g-tac.com
Account Number: 76129580 / 2010
Account Holder: Willow Group s.r.o.
IBAN: CZ91 2010 0000 0000 7612 9580
BIC: FIOBCZPPXXX
Bank Address: Fio banka, a.s., V celnici 1028/10, 11000 Prague
TERMS AND CONDITIONS:
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Willow Group s.r.o., with its registered office at Slavíkova 1555/27, Vinohrady, 120 00 Prague 2, Company ID Number: 07612958, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 304049 (hereinafter referred to as the "Seller"), regulate the rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person or legal entity (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller at the web address www.air-g-tac.com (hereinafter referred to as the "Website").
1.2. The Terms and Conditions also regulate the rights and obligations of the contracting parties when using the Website and other related legal relationships.
1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Contract.
1.4. The Seller reserves the right to change and supplement the Terms and Conditions. This does not affect the rights and obligations arising during the validity period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the registration carried out on the Website, the Buyer can access their user interface and place orders for goods (hereinafter referred to as the "User Account"). The Buyer can also place orders for goods without registration directly from the web interface of the store.
2.2. When registering and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the data in the User Account in case of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may restrict or cancel the User Account if the Buyer violates their obligations arising from the Purchase Contract (including the Terms and Conditions).
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods.
3.2. The web interface of the store contains information about the goods, including the prices of individual items. Prices are stated inclusive of value-added tax and all related fees. Prices remain valid as long as they are displayed in the web interface of the store. This provision does not exclude the conclusion of a Purchase Contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods.
3.4. To order goods, the Buyer fills out an order form in the web interface of the store. The order form contains, in particular, information about:
- The ordered goods (the Buyer "places" the ordered goods into the electronic shopping cart of the web interface of the store),
- The method of payment of the purchase price of the goods,
- Data on the required method of delivery of the ordered goods,
- Information on the costs associated with the delivery of the goods.
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data they have entered in the order, including the ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Complete Order" button. The data provided in the order are considered correct by the Seller. The Seller will promptly confirm receipt of the order to the Buyer by email to the Buyer's email address specified in their User Account or in the order.
3.6. The Seller is always entitled, depending on the nature of the order, to request additional confirmation of the order from the Buyer (for example, in writing or by telephone).
3.7. The Seller reserves the right to cancel or change the order. In both cases, the Buyer will be contacted by telephone or email. In the event of an order change, the order will not be processed without the Buyer's consent.
3.8. The contractual relationship between the Seller and the Buyer arises upon the issuance of an invoice (tax document) and the confirmation of the order by the Seller, about which the Seller informs the Buyer via email.
3.9. The Seller is not obliged to conclude a Purchase Contract with persons who have previously materially breached their obligations arising from the Purchase Contract (including the Terms and Conditions).
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
- In cash at the pick-up warehouse by prior arrangement,
- In cash on delivery at the place specified by the Buyer in the order,
- Cashless transfer to the Seller's account maintained at Fio banka, a.s., account number: 76129580 / 2010.
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods, unless stated otherwise.
4.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 10 days from the creation of the order.
4.4. In the case of cashless payment, the Buyer is obliged to provide the payment variable symbol. The purchase price is considered paid at the moment the relevant amount is credited to the Seller's account.
4.5. The Seller will issue to the Buyer a tax document – an invoice – regarding payments made under the Purchase Contract. The Seller is a value-added tax payer.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, according to Section 1837 of the Civil Code, as amended, it is not possible, among other things, to withdraw from a Purchase Contract for the delivery of goods adjusted according to the Buyer's wishes, goods that are subject to rapid decay, wear, or obsolescence.
5.2. In accordance with Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods. Withdrawal from the Purchase Contract must be notified to the Seller within 14 days of receiving the goods at the Seller's business address or via email at info@air-g-tac.com.
5.3. In case of withdrawal from the contract under Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within 14 days of withdrawal from the contract. The goods must be returned undamaged, unworn, and complete.
5.4. The Seller will return the funds received from the Buyer within 14 days from the Buyer's withdrawal from the Purchase Contract. The Seller will return the funds in the same manner in which they were received from the Buyer unless the Buyer specifies otherwise. The Seller is not obliged to return the funds before the Buyer returns the goods or proves that the goods have been sent.
5.5. The Buyer acknowledges that if the goods returned by the Buyer are damaged or worn, the Seller is entitled to compensation for damages. The Seller is entitled to unilaterally set off the claim for compensation against the Buyer's claim for the return of the purchase price.
5.6. The Seller reserves the right to withdraw from the Purchase Contract until the goods are received by the Buyer. In such a case, the Seller will return the purchase price without undue delay, cashless, to an account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift ceases to be effective, and the Buyer is obliged to return the provided gift together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the Seller unless otherwise specified in the Purchase Contract. If the method of transport is agreed upon at the Buyer's request, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. 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 over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to charge a storage fee of 300 CZK and is further entitled to withdraw from the Purchase Contract.
6.3. In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the case of packaging damage indicating unauthorized intrusion into the shipment, the Buyer may refuse to accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the Seller's delivery terms.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:
- The goods have the properties agreed upon by the parties, and in the absence of an agreement, have such properties that the Seller or manufacturer described or which the Buyer expected given the nature of the goods and based on advertising carried out by them,
- The goods are suitable for the purpose which the Seller states for their use or for which goods of this type are usually used,
- The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- The goods are in the appropriate quantity, measure, or weight,
- The goods comply with the requirements of legal regulations.
7.3. The provisions in Article 7.2 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, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear which the goods had when taken over by the Buyer, or if it arises from the nature of the goods.
7.4. If a defect becomes apparent within twelve months of receipt, it is assumed that the goods were defective at the time of receipt.
7.5. The Buyer exercises rights from defective performance with the Seller at any of his establishments or at the Seller's registered office. If another entrepreneur designated for repair is specified in the warranty certificate, who is at the Seller's location or at a location closer to the Buyer, the Buyer will exercise the right to repair with the entrepreneur designated to carry out warranty repairs. The moment of claim application is considered the moment when the Seller received the claimed goods from the Buyer.
7.6. The Buyer is obliged to file a complaint with the Seller or the person designated for repair without undue delay after discovering the defect. Upon acceptance of the complaint, the Buyer has the right to reimbursement of postage, at the standard rate.
7.7. The warranty applies to defects in goods that manifest after the Buyer has taken over the goods during the warranty period. The Buyer's warranty claims expire, among other cases:
- If the warranty period has expired on the claimed goods on the day the complaint is applied,
- If the defect was present on the goods at the time of receipt and a discount on the purchase price was agreed for such a defect,
- For defects caused by improper handling, operation, or neglect of care for the goods,
- For defects caused by unqualified intervention or parameter changes,
- For damage to goods caused by natural elements,
- For using the goods in conditions that do not correspond to the operating conditions in terms of temperature, dustiness, humidity, chemical, and mechanical influences.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods. However, the risk of damage to the goods passes to the Buyer upon their receipt.
8.2. The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that would enable them or third parties to unlawfully interfere with or use the software or other components forming the web interface of the store.
8.3. The Buyer is not authorized to use mechanisms, software, or other procedures when using the web interface of the store that could have a negative effect on the operation of the web interface of the store.
8.4. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826(1)(e) of the Civil Code.
8.5. The Buyer acknowledges that the Seller is not responsible for errors caused by third-party interference with the Website or as a result of using the Website contrary to its intended purpose.
8.6. The Seller is authorized to sell goods based on a trade license. Trade license supervision is carried out within its competence by the relevant Trade Licensing Office. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8.8. In the event of a consumer dispute arising from the Purchase Contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court consumer dispute resolution, which is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.czThe consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
8.9. Mutual disputes between the Seller and the Buyer will be finally resolved by the Czech general courts according to Czech law.
8.10. The rights and obligations of the Buyer who has registered for the Seller's loyalty program and is a member thereof are governed by the loyalty program rules.
9. PROTECTION OF PERSONAL DATA
The Buyer was informed about the conditions of processing their personal data before concluding the contract, available at the following internet link: https://www.air-g-tac.com/ochrana-osobnich-udaju.
10. SENDING COMMERCIAL MESSAGES AND COOKIES
10.1. The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's email address, SMS messages to the Buyer's phone number, and further agrees to the sending of commercial communications by the Seller to the Buyer's email address.
10.2. The Buyer agrees to the storage of so-called cookies on their computer. In the event that it is possible to make a purchase on the Website and fulfill the Seller's obligations from the Purchase Contract without storing cookies on the Buyer's computer, the Buyer may revoke consent at any time.
11. DELIVERY
11.1. Unless agreed otherwise, all correspondence related to the Purchase Contract must be delivered in writing, either by email, in person, or via a postal service provider (at the sender's choice). Communications to the Buyer are delivered to the email address specified in their User Account.
11.2. A message is delivered:
- In the case of delivery by email, at the moment of its receipt on the incoming mail server; the integrity of messages sent by email can be ensured by a certificate,
- In the case of personal delivery or via a postal service provider, upon receipt of the shipment by the addressee,
- In the case of personal delivery or via a postal service provider, also by refusal to accept the shipment if the addressee refuses to accept it,
- In the case of delivery via a postal service provider, upon the expiration of ten (10) days from the storage of the shipment and giving notice to the addressee to pick up the stored shipment, if the shipment is stored with the postal service provider, even if the addressee did not learn about the storage.
12. FINAL PROVISIONS
12.1. The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the relevant Trade Licensing Office.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is accessible via the web interface of the store.
12.5. These Terms and Conditions are valid in the wording stated on the Seller's website on the day of concluding the Purchase Contract. The contract can be concluded in the Czech language or in other languages, provided this is not a reason for its impossibility to conclude. By purchasing, the Buyer agrees to the sending of commercial communications.
12.6. The appendix to the Terms and Conditions consists of a sample withdrawal form from the Purchase Contract and a sample complaint form.
12.7. The Seller reserves the right to make changes to these Terms and Conditions. These changes do not apply to orders completed before the effective date of the relevant changes. Changes to the Terms and Conditions are effective upon their publication on the website.
12.8. Other matters not mentioned here are governed by the Civil Code (Act No. 89/2012 Coll.), the Consumer Protection Act (Act No. 634/1992 Coll.), and other legal regulations, as amended.
12.9. These Terms and Conditions are effective from July 1, 2024.
Contact Details of the Seller:
Willow Group s.r.o.
Slavíkova 1555/27, Vinohrady, 120 00 Prague 2
Email: info@air-g-tac.comIn Prague, on July 1, 2024