Terms and Conditions

General Terms and Conditions

 

I.

Basic Provisions

  1. These General Terms and Conditions (hereinafter "GTC") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter "Civil Code").

 

Vingo s.r.o.

IČ: 14013843

DIČ: CZ14013843

Registered office: Řepice 60, 386 01 Řepice
C 31623 registered at the Regional Court in České Budějovice
Contact and delivery address: Řepice 60, Strakonice, 386 01

e-mail: info@rackito.com

 

web: www.rackito.com

(hereinafter referred to as the "Seller")

 

  1. These General Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer, or within their business activity (hereinafter the "Buyer") through the web interface on the website www.rackito.com (hereinafter the "Online Shop").
  2. The provisions of the General Terms and Conditions are an integral part of the purchase contract. Provisions in the purchase contract that deviate from these Terms shall take precedence over the provisions of these Terms.
  3. These General Terms and Conditions and the purchase contract are concluded in the German language.

 

II.

Information about Goods and Prices

  1. Information about the goods, including the prices of individual goods and their main characteristics, is listed in the catalogue of the Online Shop. The prices of goods include value added tax, all related fees, and the costs of returning the goods if such goods cannot, due to their nature, be returned by normal postal means. The prices of goods remain valid for the period during which they are displayed in the Online Shop. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
  2. All presentations of goods in the catalogue of the Online Shop are for informational purposes only; the goods may differ slightly and the Seller is not obliged to conclude a purchase contract for these goods.
  3. Any discounts on the purchase price of the goods cannot be combined with each other unless otherwise agreed between the Seller and the Buyer.
  4. The dimensions of the goods stated may deviate from reality by +/- 2 cm.

 

III.

Order and Conclusion of the Purchase Contract

  1. Costs incurred by the Buyer in using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are to be borne by the Buyer themselves. These costs do not differ from the basic rate.
  2. The Buyer orders goods in the following ways:
  • through their customer account if they have previously registered in the Online Shop,
  • by completing the order form without registration.
  1. When placing an order, the Buyer selects the goods, the number of items, the method of payment, and delivery.
    Before submitting the order, the Buyer has the opportunity to check and change the data they have entered. The Buyer submits the
  2. order to the Seller by clicking the Submit Order button. The data provided in the order are considered correct by the Seller. The validity of the order requires the completion of all mandatory information in the order form and confirmation by the Buyer that they have read these Terms.
  3. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer in the order. This confirmation is considered as the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions.
  4. The purchase contract is concluded upon confirmation of the order by the Seller to the Buyer’s e-mail address.
  5. If any of the requirements stated in the order cannot be fulfilled, the Seller will send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new proposal for the purchase contract, and the purchase contract is concluded in such a case upon the Buyer’s confirmation of acceptance of this offer to the Seller’s e-mail address specified in these Terms.
  6. All orders accepted by the Seller are binding. The Buyer may cancel an order until they have received a notice of acceptance of the order by the Seller. The Buyer may cancel an order by phone at the telephone number or e-mail address provided in these Terms.
  7. In the event of an obvious technical error by the Seller in stating the price of the goods in the Online Shop 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.

IV.

Customer Account

  1. Based on the Buyer’s registration made in the Online Shop, the Buyer can access their customer account. From the customer account, the Buyer can order goods. The Buyer can also order goods without registration.
  2. The Buyer is obliged to provide correct and truthful information when registering a customer account and when ordering goods. The Buyer is obliged to update the information stated in the customer account in case of any changes. The data provided by the Buyer in the customer account and when ordering goods are 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 is entitled to cancel the customer account, especially if the Buyer no longer uses their customer account or if the Buyer violates their obligations under the purchase contract or these Terms.
  6. The Buyer acknowledges that the customer account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

 

V.

Payment Terms and Delivery of Goods

  1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
  • cashless transfer to the Seller’s bank account maintained at FIO banka, for Euro payments, IBAN: CZ0520100000002302493073
  • cashless payment by credit card,
  1. 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 below, the purchase price also includes the costs of delivery of the goods.
  2. 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.
  3. In the case of payment via a payment gateway, the Buyer must follow the instructions of the respective provider of electronic payment services.
  4. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
  5. The Seller does not require an advance payment or similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not a deposit.
  6. Under the Sales Records Act, the Seller is obliged to issue the Buyer a receipt. At the same time, the Seller is obliged to record the received revenues online with the tax administrator, in the event of a technical failure no later than within 48 hours.
  7. The goods will be delivered to the Buyer:
  • to the address specified by the Buyer in the order,
  • to the collection point address specified by the Buyer,
  • by personal collection at the Seller’s premises.
  1. The method of delivery is selected during the ordering process.
  2. The costs of delivery of the goods depending on the method of shipment and receipt of the goods are stated in the Buyer’s order and in the Seller’s confirmation of the order. If the method of delivery is agreed upon at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of delivery.
  3. 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 it is necessary to deliver the goods repeatedly or in another way than stated in the order for reasons on the Buyer’s side, the Buyer is obliged to bear the costs associated with repeated delivery of the goods or costs associated with another method of delivery.
  4. The Buyer is obliged to check the integrity of the packaging of the goods upon receipt from the carrier and in case of any defects immediately notify the carrier. In case of damage indicating unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier.
  5. The Seller shall issue the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s e-mail address.
  6. The Buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.
  7. The risk of accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over 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 the scope of their business activity 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 time of acceptance of the last delivery of the goods, if the subject of the contract includes several types of goods or the delivery of several parts,
  • from the date of acceptance of the first delivery of goods, if the subject of the contract is a regularly recurring delivery of goods.
  1. The Buyer may not, among other things, withdraw from the purchase contract for
  • the provision of services, if they were provided 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 they would have no right to withdraw from the contract,
  • the delivery of goods or the provision of services whose price depends on fluctuations in the financial market which are beyond the Seller’s control and which may occur during the withdrawal period,
  • the delivery of goods that are customized to the Buyer’s wishes or for the Buyer,
  • the delivery of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
  • in the other cases referred to in Article 1837 of the Civil Code.
  1. To comply with the withdrawal period, the Buyer must make a statement of withdrawal within the withdrawal period.
  2. To withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer must send the withdrawal form to the Seller’s e-mail or delivery address specified in these Terms and Conditions. The Seller shall immediately confirm receipt of the form to the Buyer.
  3. The Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot, due to their nature, be returned by normal postal means.
  4. If the Buyer withdraws from the contract, the Seller shall immediately, but no later than 14 days from the withdrawal, refund to the Buyer all payments received from the Buyer, including delivery costs, in the same manner. The Seller will refund the received funds to the Buyer in another way only if the Buyer agrees to it and if no additional costs arise.
  5. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of the goods in the amount of the cheapest offered delivery method.
  6. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the received funds to the Buyer before the Buyer has handed over the goods to the Seller or proved that they have sent the goods to the Seller.
  7. We ask the customer to return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price. For unwrapped and inspected bamboo blinds, the refund amount will be reduced by 10%. For wooden blinds that have been manipulated in any way (attachment of eyelets, drilling holes, etc.), the refund will be reduced by 10%.
  8. The Seller is entitled to withdraw from the purchase contract if the goods are no longer deliverable or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall inform the Buyer without undue delay to the e-mail address provided in the order and refund all payments received from the Buyer under the contract, including delivery costs, within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.

VII.

Rights from Defective Performance

  1. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes over the goods
  • the goods have the properties agreed by the parties and, if no agreement has been made, the properties described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising they carried out,
  • the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  • the goods correspond in quality or workmanship to the agreed sample or model if the quality or workmanship was determined by reference to the agreed sample or model,
  • the goods have the correct quantity, measure or weight; and
  • the goods comply with the requirements of legal regulations.
  1. The Seller’s obligations arising from defective performance continue at least to the extent that the manufacturer’s obligations arising from defective performance continue. In the case of consumer goods, the Buyer may exercise the right to claim defects within twenty-four months of receipt of the goods.
  2. If the period of use of the goods is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With the quality guarantee, the Seller undertakes that the goods will be suitable for use for the usual purpose or will retain their usual properties for a specified period. If the Buyer has rightfully pointed out a defect in the goods to the Seller, the period for exercising the rights arising from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
  3. The provisions referred to in the preceding paragraph of the Terms shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, for wear and tear caused by normal use of the goods, or in the case of used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if this results from the nature of the goods. The Buyer has no right 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.
  4. In the event of a defect, the Buyer may file a complaint with the Seller and request
  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.
  1. The Buyer has the right to withdraw from the contract,
  • if the goods have a material defect,
  • if they cannot properly use the goods due to the recurrence of the defect or defects after repair,
  • in the case of multiple defects in the goods.
  1. A material breach of contract occurs if the breaching party knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if they had foreseen the breach of contract.
  2. In the case of a defect that constitutes an immaterial breach of contract (regardless of whether it is a remediable or irremediable defect), the Buyer has the right to have the defect removed or to a reasonable reduction in the purchase price.
  3. If a remediable defect recurs after repair (usually the third complaint about the same defect or the fourth complaint about 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 demand a discount on the purchase price, to have the goods replaced, or to withdraw from the contract.
  4. When making a claim, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller’s consent is only possible if the Buyer has requested the remedy of a defect which proves to be irremediable. If the Buyer does not select their right from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.
  5. If repair or replacement of the goods is not possible, the Buyer may demand a full refund of the purchase price upon withdrawal from the contract.
  6. If the Seller proves that the Buyer knew about the defect in the goods before acceptance or that the Buyer caused the defect themselves, the Seller is not obliged to satisfy the Buyer’s claim.
  7. The Buyer cannot claim discounted goods for the reason for which the goods were discounted.
  8. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised their right, what the content of the complaint is and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint.
  9. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days.
  10. This period does not include the time necessary, depending on the nature of the product or service, for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, but 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 has the right to withdraw from the purchase contract. The moment of filing a complaint is the moment when the Buyer’s expression of will (exercise of the right from defective performance) reaches the Seller.
  11. The Seller shall inform the Buyer in writing of the result of the complaint.
  12. The Buyer has no right arising from defective performance if they knew before taking over the item that it had a defect, or if the Buyer caused the defect themselves.
  13. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonable costs incurred in connection with the complaint.
  14. The Buyer may exercise this right against the Seller within one month after the expiry of the warranty period; otherwise, the court may not grant it.

VIII.

Delivery

  1. The contracting parties may deliver all correspondence to each other by e-mail.
  2. The Buyer must deliver correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the e-mail address specified in the customer account or in the Buyer’s order.

IX.

Personal Data

  1. All information that the Buyer provides in cooperation with the Seller is confidential and will be treated as such. Unless the Buyer provides the Seller with written consent, the Seller will use the Buyer’s data only for the purpose of fulfilling the contract, with the exception of the e-mail address to which commercial communications may be sent, if permitted by law, unless this is expressly refused. These communications may relate only to similar or related goods and may be unsubscribed at any time by simple means (by letter, e-mail or by clicking a link in a commercial communication). The e-mail address will be kept for this purpose for 3 years after the conclusion of the last contract between the parties.
  2. More detailed information on personal data protection can be found in the Privacy Policy HERE.
  3. We determine your satisfaction with your purchase through e-mail questionnaires within the Customer Verified program in which our e-shop participates. These will be sent to you every time you shop with us, unless you refuse to receive them in accordance with § 7 paragraph 3 of Act No. 480/2004 Coll., on certain services of the information society. The processing of personal data for the purpose of sending questionnaires within the Verified by Customers program is based on our legitimate interest, which is to determine your satisfaction with your purchase from us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyze our market position; for these purposes we may share information about the goods you purchased and your e-mail address. Your personal data will not be transferred to third parties for their own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting further questionnaires via the link in the e-mail containing the questionnaire. If you object, we will no longer send you the questionnaire.

X.

Out-of-Court Dispute Resolution

  1. The Czech Trade Inspection Authority (Česká obchodní inspekce, Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs) is competent for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under the purchase contract.
  2. The European Consumer Centre Czech Republic, located 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 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. The Seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out within its competence by the competent trade licensing office. The Czech Trade Inspection Authority monitors, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, in a specific area.

XI.

Fast Exchange Guarantee

The fast exchange guarantee is an additional service that can be purchased when ordering goods. In the event of a delay in the delivery of the goods by the carrier, a replacement item will be sent to the customer immediately to minimize delivery delays. In the case of an exchange of goods for other goods, the goods will be dispatched immediately without waiting for the return of the exchanged goods to the store. The guarantee of immediate exchange applies only if the replacement or exchange goods are in stock.

XII.

Final Provisions

  1. All contracts between the Seller and the Buyer shall be governed by the law 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 law of the Czech Republic. This is without prejudice to the rights granted to the consumer by generally binding legal regulations.
  2. The Seller is not bound to the Buyer by any codes of conduct within the meaning of § 1826 paragraph 1 letter e of the Civil Code.
    All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, are owned by the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.
  3. The Seller is not liable for errors resulting from interventions by third parties in the Online Shop or from its misuse. When using the Online Shop, the Buyer must not use practices that could affect its operation, and must not perform any actions that could allow them or third parties to interfere with or use the software or other components of the Online Shop in an unauthorized manner, or to use the Online Shop or any part thereof or the software in a manner contrary to its purpose or intent.
  4. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
  5. The purchase contract, including the General Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  6. The Seller may change or supplement the wording of the General Terms and Conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms.
  7. A sample withdrawal form is attached to the General Terms and Conditions.

These Terms shall enter into force on 10.5.2020.