Terms and conditions

Terms and conditions

Ordering method

The goods can be ordered in our e-shop, by phone or by email.

+420 585 423 783 or 774 796 056

Email: vivacoweb@seznam.cz

Payment method

In our e-shop you can pay for your orders:

- Online by credit card via the secure payment system GoPay

Shipping costs

For each purchase, the shipping price varies depending on the delivery country and the carrier you choose.

Delivery terms and methods of delivery outside the Czech Republic

Your order will be shipped to you via your chosen shipping service, the price for this shipping varies from carrier to carrier. Currently you have the following shipping methods to choose from:

• Zasilkovna / Road transport - delivery times are 2-5 days from the time the carrier picks up the order (depending on the country of delivery)
• DPD / Road transport - delivery times are 2-7 days from the time the order is picked up by the carrier (depending on the country of delivery)
• DHL express/ Air freight - delivery time is 1-2 days after the carrier picks up the order (depending on the country of delivery)

For products in stock, we will dispatch your order within 48 hours of receiving your order confirmation (on working days, i.e. an order placed on Friday will be dispatched on Monday). If the delivery takes longer than this period, please contact our customer service line: +420 585 423 783 or +420 774 796 056.

Important notice:

Upon delivery of the goods, please check the packaging carefully for damage immediately. If you have any doubts (the package is torn, spilled goods,...), do not accept the package and return it immediately by the driver. If you find any damage to the goods after unpacking the parcel, contact the customer service immediately (but within a maximum of three days including the date of receipt of the delivery), where the terms of the claim will be agreed with you. After the three-day claim period has expired, the package claim will not be considered.

Terms and Conditions

1. Introductory provisions

1.1 In accordance with the provisions of §1751 paragraph 1 of Act No. 89/2012 Coll. (Civil Code), as amended, Vivaco s.r.o. issues these terms and conditions, which are an integral part of the purchase contract concluded between: Vivaco s.r.o. with registered office at Třída Edvarda Beneše 1534/62, 50012 Hradec Králové, ID No.: 25959263, vivaco@seznam.cz, 585 423 784, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 17476, (hereinafter referred to as the Seller) on the one hand and the Buyer on the other hand.

1.2 The Buyer is a natural or legal person who enters into a purchase contract with the Seller through the Seller's online shop located at www.vivaco.cz (hereinafter referred to as the eshop).

1.3 If the Buyer is a consumer pursuant to § 419 of Act No. 89/2012 Coll., the relationships not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll. If the Buyer acts in the course of ordering / purchasing goods within the scope of his business activity or within the scope of his independent exercise of his profession, the relationships not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., whereby the provisions of § 2158 - § 2174 shall not apply.

1.4 By concluding the Purchase Agreement, the Buyer confirms that he has read the full text of these Terms and Conditions, that he understands all of its provisions and that he fully agrees to them.

1.5 The Seller is entitled to change the wording of these Terms and Conditions at any time. The Buyer is bound by the wording of the Terms and Conditions current at the time of conclusion of the Purchase Agreement.

2. Conclusion of the Purchase Agreement

2.1 By selecting the goods from the Seller's offer and ordering them (by filling in the order form), the Buyer submits a proposal to the Seller for the conclusion of a purchase contract. The Purchase Contract between the Seller and the Buyer is concluded at the moment of acceptance of this proposal, i.e. confirmation of the order by the Seller sent to the Buyer's email address. In the absence of such confirmation by the Seller, the Purchase Contract shall be deemed not to have been concluded.

2.2 The order form contains in particular the designation of the goods, the price of the goods, the method and price of transport of the goods and space for filling in the Buyer's identification data.

2.3 The Buyer's identification data are in particular the Buyer's name and surname, place of residence, email address, contact telephone number and, where applicable, delivery address.

2.4 The price of all goods offered on the Seller's e-shop is inclusive of VAT and all fees associated with the sale (except for the price of postage and packing, which is listed separately). The price of the goods is valid for as long as it is published in the Seller's e-shop.

2.5 The validity of the order is subject to the completion of all the details of the order form, including the acceptance of the wording of these terms and conditions.

2.6 The Buyer understands that the Seller is not obliged to conclude a purchase contract with the Buyer for all the goods listed in the Seller's e-shop, i.e. that the display of goods in the Seller's e-shop does not constitute an offer to conclude a contract within the meaning of § 1732 of the Civil Code.

2.7 All the facts stated by the Buyer in the notes in the order form are part of the concluded purchase contract in case of the Seller's agreement with them, in case of his disagreement, it shall be deemed that the purchase contract has not been concluded. Similarly, in the event of the Seller's inability to meet any of the Buyer's requirements expressed in the order, the Seller shall send the Buyer a new draft order with a request for the Buyer's comments. The contract of sale shall be concluded at this point by the Buyer sending this new order to the Seller and its subsequent confirmation by the Seller.

2.8 The Seller is entitled, in circumstances worthy of consideration, to ask the Buyer to confirm his order by telephone or in writing before confirming the order and thus concluding the purchase contract.

3. Rights and obligations of the parties

3.1 Upon conclusion of the Purchase Contract, the Seller shall be obliged to deliver the ordered goods to the Buyer and the Buyer shall be obliged to pay the agreed price for the goods to the Seller.

3.2 The Buyer is obliged to accept the goods ordered and delivered in accordance with the Purchase Agreement and these Terms and Conditions.

3.3 In the event that it is necessary, for reasons on the Buyer's side, to deliver the goods in a different manner than agreed in the contract, the Seller shall be entitled to charge the Buyer for all costs associated with such delivery.

4. Withdrawal from the contract

4.1 In accordance with the provisions of Section 1829 of the Civil Code. the buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods.

4.2 The Buyer may withdraw from the contract by written request, either electronically or in writing to the relevant address of the Seller ( vivacoweb@seznam.cz or in writing to Vivaco s.r.o., Technologická 924/19, 77900 Olomouc).

4.3 If the Buyer withdraws from the contract, he shall send or hand over to the Seller the goods he has received from the Seller without undue delay, at the latest within fourteen days of withdrawal from the contract.

4.4 If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer without undue delay, and no later than fourteen days after withdrawal from the Contract, all money, including delivery costs, received from the Buyer under the Contract (other than additional costs incurred as a result of the Buyer's chosen method of delivery other than the cheapest standard delivery method offered by the Seller).

4.5 If the Buyer withdraws from the Contract, the Seller shall not be obliged to return the money received to the Buyer before the Buyer has handed over the goods to the Seller or proved that the goods have been dispatched to the Seller.

4.6 The Buyer shall bear the full cost of returning the goods to the Seller.

4.7 The Buyer shall be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner different from that required by their nature and characteristics.

4.8 The Buyer may not withdraw from the contracts referred to in Section 1837 of Act No. 89/2012 Coll.

4.9 The Seller is entitled, until the Buyer takes delivery of the goods, to withdraw from the contract in the event of circumstances preventing the Seller from delivering the ordered goods to the Buyer.

5. Payment terms and transfer of ownership

5.1 The Buyer shall not be obliged to pay the Seller a deposit for the ordered goods, except as expressly agreed in the order.

5.2 The goods will be delivered/transferred to the Buyer only after payment of the full purchase price including delivery costs. The purchase price is payable at the time of receipt of the goods. In the case of non-cash payment to the Seller's account, the purchase price is payable within 14 days after the conclusion of the contract.

5.3 The transfer of ownership of the ordered goods from the Seller to the Buyer occurs only upon full payment of the purchase price including delivery costs.

5.4 The Buyer expressly agrees to the possibility of sending the tax document in electronic form (instead of a written document) to his email address.

6. Defective performance rights and quality guarantee

6.1 The rights and obligations of the contracting parties with regard to rights of defective performance are regulated by Act No. 89/2012 Coll., specifically in its provisions § 2099 - § 2112

6.2 If the defective performance is a material breach of contract, the buyer has the right to have the defect remedied by delivery of a new item without defect or delivery of a missing item, or to have the defect remedied by repair of the item or to receive a reasonable discount on the purchase price, or to withdraw from the contract.

6.3 If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect remedied or to a reasonable discount on the purchase price.

6.4 By guaranteeing the quality, the seller undertakes that the item will be fit for use for its usual purpose for a certain period of time or that it will retain its usual characteristics.

6.5 The warranty period starts from the handover of the item to the buyer; if the item has been shipped under the contract, it starts from the arrival of the item at its destination.

7. Privacy Policy

7.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

The Buyer consents to the processing of the following personal data: name and surname, home address, date of birth, e-mail address and telephone number (hereinafter collectively referred to as "personal data").

7.2 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement, for the purposes of maintaining the User Account and for the purposes of sending information and commercial communications to the Buyer.

7.3 The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.

7.4 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

7.5 The personal data will be processed for the duration of the processing purpose. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

7.6 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.

7.7 The Buyer consents to the sending of promotional materials and information relating to the Seller's goods, services or business to the Buyer's address and further consents to the sending of commercial communications (newsletters) by the Seller to the Buyer's email address. In the event that the Buyer does not wish to receive further such commercial communications, the Buyer may express his/her opposition to the sending of commercial communications by clicking on the appropriate place in the commercial communication or by sending an email containing the opposition to the sending of commercial communications to vivacoweb@seznam.cz.

8. Cookies

8.1 In order to increase user-friendliness, the Seller uses cookies for the operation of the e-shop - small text files that are stored on the e-shop visitor's computer during the visit to the e-shop to store and occasionally track the visitor's movements in the e-shop. By checking the information about the use of cookies on the home page of the e-shop, the visitor agrees to the use of cookies. For more information about cookies, the visitor can read the link located next to the click. The visitor does not have to consent to the use of cookies, in which case the Seller cannot guarantee the full functionality of the e-shop.

We use cookies to improve the shopping experience:

1. Facebook Pixel and cookies

1. tracks visitors' activity on the site

2. identifies visitors among Facebook users

3. we show additional relevant advertising to users based on their activity 4. Facebook cookie policy: https://www.facebook.com/policies/cookies/

2. Google AdWords

1. the advertising system stores cookies for visitors to our website

2. this enables us to show you relevant personalised advertising 3. Google, Inc. privacy policy: https://policies.google.com/privacy

3. Sklik List

1. the advertising system stores cookies for visitors to our website

2. so that we can serve you relevant personalized advertising 3. Privacy Policy of Seznam.cz, a.s.: https://napoveda.seznam.cz/cz/zasady-ochrany-osobnich-udaju/ 4. GDPR Statement of Seznam.cz, a.s.: https://blog.seznam.cz/2018/03/gdpr-a-reklama-na-seznamu-co-to-znamena-pro-nase-klienty/

9. Final arrangements

9.1 All relationships not regulated by these Terms and Conditions are governed by the relevant provisions of the Civil Code as well as other related legislation.

9.2 In the event that any provision of these Terms and Conditions is found to be illegal or invalid, the validity or effectiveness of the other provisions of these Terms and Conditions shall not be affected.

9.3 All provisions between the Seller and the Buyer contained in the Purchase Contract shall prevail over the provisions of these Terms and Conditions with which they conflict.