Terms and conditions for the e-shop
General Terms & Conditions of Sale
General Terms and Conditions of Sale for the e-shop, such as
operated by UNCLE SAM a. s., Company ID: 257 38 011, having seat and registered office at Koněvova 136/1704, 130 00 Prague 3, Czech Republic, registered for business in the Commercial Register such as administered by the Municipal Court of Prague, Section B, File No. 5794 (hereinafter referred to as the “Company” or the “Vendor”)
Subject of General Terms & Conditions of Sale
By virtue of visiting the website www.uncs.eu, i.e. the electronic shop such as operated therein (hereinafter referred to as the “E-Shop”), it is possible in each individual case to enter into purchase contract between an individual Purchaser and the Company acting as the Vendor.
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) govern the mutual rights and obligations of the parties deemed arising from the respective Purchase Contract or relating thereto, provided the Purchaser enters into such respective Purchase Contract in capacity as a consumer, i.e. not as an entrepreneur or a person independently exercising his or her profession. These GTCS are inseparable part of each Purchase Contract together with the Vendor’s Complaints Procedure placed on the E-Shop website. The Purchase Contract is governed by the General Terms and Conditions of Sale and the Complaints Procedure valid and applicable on the date of the Purchaser’s order placing.
Selection of Products; Customer Account
The Purchaser may place an order for any Product put on display at the E-Shop for the price, including VAT, such as attached thereto. The presentation of the Products at the E-Shop equals to Purchase Contract’s offer subject to depletion of stocks or the loss of Vendor’s capability to perform and fulfil its Purchase Contract based obligations. The Vendor’s Products volume of stock is subject to regular update each 24 hours. It may occur, quite exceptionally, that some Product having been put on display at the E-Shop is temporarily unavailable; if such is the case the Vendor contacts the Purchaser and offers alternative solution.
According to the E-Shop registration procedure, the Purchaser may create its own customer account in order to order the Products and monitor the respective orders’ progress. The access to such customer account is secured by a particular login and password. Nonetheless, the Purchaser may opt for placing orders for Products at the E-Shop without any registration at all.
To place respective order, the Purchaser is to add the Products identified as available to its shopping basket and to fill in the E-Shop’s ordering form using the website’s corresponding button(s). As required by the website’s features, the Purchaser in individual consecutive steps has to provide the Vendor with contact, delivery and invoicing data, including mode of selected Products’ delivery and payment. The shopping basket remains available for the Purchaser’s final check and validation of order. The Purchaser’s order is deemed validated (and finalized) when the Purchaser clicks on the “Order with Obligation to Pay” button, which to the Purchaser incurs the obligation to pay for the ordered Products.
The Vendor is to send to the Purchaser a confirmation regarding the Purchaser’s validated order immediately after its receipt to the Purchaser’s e-mail address stipulated in the validated order.
The Purchase Contract between the Vendor and the Purchaser is deemed concluded as a deed at the moment when the Purchaser had sent its confirmed and validated order to the Vendor by clicking “Order with Obligation to Pay” button. The Purchaser’s obligation to pay for the Products accordingly ordered is deemed arising at the same time. In the event the Vendor has no ordered Products in stock, the Purchaser will be informed accordingly, and if no agreement on delivery of alternative Products is reached and the Vendor remains unable to deliver the ordered Products, both Parties are entitled to withdraw from such particular Purchase Contract.
Notwithstanding the aforesaid, the Vendor is always entitled, with view to the particulars of pending Order (such as quantity of Products, the purchase price amount, etc.), to require an additional confirmation of such Order by the Purchaser, for example via the e-mail or the telephone.
The Purchaser is entitled to withdraw from the Purchase Contract (or to cancel the Order) within the period after sending the Order until the acceptance of Products by sending a corresponding e-mail to email@example.com. For the same purpose, the Purchaser is free to use the Vendor’s withdrawal/cancellation form such as placed as download document on the E-Shop website. In the event the Purchaser had settled the purchase price already, any received funds will be repaid to the Purchaser without any delay by means such as described in the Article IX hereof.
The Purchaser is in agreement with the use of communication media for remote concluding of Purchase Contract. Any costs to accrue to the Purchaser in relation to the use of communication media for remote concluding of Purchase Contract (the Internet connection costs, the telephone cost, etc.) to be incurred by the Purchaser alone, taking into account these are not different from the base rate.
Transport & Payment
Within the Czech Republic’s territory, the Products are delivered to the individual Purchasers according to their respective options through the services of the Czech Post, DPD, Zásilkovna to a stipulated postal address or through the personal collection at the Vendor’s shop at the Company’s seat, i.e. at Koněvova 134, Praha 3, Czech Republic.
The Purchaser may settle the purchase price plus any additional delivery costs according to respective Purchase Contract by payment on delivery, by the bank transfer to the Vendor’s account held with Komerční banka, a.s., Account No.: 107-7041610237/0100, IBAN: CZ47 0100 0001 0770 4161 0237, SWIFT: KOMBCZPPXXX, through the PayPal service, by credit/debit card online and in some cases also by card payment to the carrier. The payments for the Products is in the EURO.
The bank cards accepted in view of the online card payments are as follows: MasterCard, Maestro, VISA and VISA Electron. The payments are secured by the system 3D-secure and are implemented by virtue of the GPwebpay system.
The Purchaser may opt for the ePayment method in case he is a client of any of the following Banks: Česká spořitelna, Komerční banka, ČSOB, mBank, Fio banka, UniCredit Bank, era, GE Money Bank, Raiffeisen bank, Sberbank. After submitting his confirmed Order, the Purchaser is redirected to his Bank’s internet banking service, where (with the most of above mentioned Banks) after login he is to find pre-filled payment information in order to make respective payment. In such event the Vendor records the settlement of the purchase price in principle as turnover. The transfers of funds are taking effect through the accounts of ComGate Payments, a. s. company, on grounds of that company’s contractual relationship with the Vendor.
A sensitive input data such as entered into the online internet banking system or when paying by the credit card online are protected by the Banks’ payment gates and do not come into disposition of the Vendor or those who process the payments, who will only receive such information on the transaction which are allowed and controlled by the Bank.
If the Purchaser’s option is to take over the Products personally at the Vendor’s shop, the purchase price can be settled in cash or paid by the credit/debit card. It is also possible to perform the testing of the Products in the Vendor’s shop before the takeover.
The Purchaser’s duty is to pay to the Vendor, in addition to the purchase price, also the costs relating to the transportation of the Products and the settlement of payment therefore, at amounts such as stipulated in here-below table. For orders placed through the E-Shop’s Czech language version, the applicable price is expressed in CZK, whilst for orders placed through the other language version the applicable price is expressed in EUR.
|Country||Shipping cost||Carrier||Purchase value for free transport|
|Belgium, Bulgaria, Denmark, Estonia, Finland, France, Ireland, Italy, Cyprus, Lithuania, Latvia, Luxembourg, Hungary, Malta, Germany, Netherlands, Norway, Poland, Portugal, Austria, Romania, Greece, Slovenia, Spain, Sweden, Switzerland, United Kingdom||
5,- EUR, 140,- CZK
10,- EUR, 280,- CZK
99,- EUR, 2800,- CZK
399,- EUR, 11,200,- CZK
3,- EUR, 84,- CZK
5,- EUR, 140,- CZK
8,- EUR, 224,- CZK
|99,- EUR, 2800,- CZK|
|Russian Federation||20,- EUR, 560,- CZK||Czech Post||200,- EUR, 5600,- CZK|
10,- EUR, 280,- CZK
20,- EUR, 560,- CZK
200,- EUR, 5600,- CZK
399,- EUR, 11,200,- CZK
In the event the Products are purchased under website’s any other than the Czech language version and the Products are expected to be delivered within the Czech Republic’s territory, the transportation charge is unified at the level of EUR 5.00 and in case of option for payment on delivery (cash on delivery or payment by card to the driver) the additional payment cost equals to EUR 1.00. The transportation and payment free of charge is granted when the value of the Products to be purchased is at least EUR 100.00.
The Purchaser may make an option regarding modes of transport and payments for the Products and the actual corresponding cost of delivery and payment is calculated and presented in the course of ordering process. Unless expressly stipulated otherwise, the purchase price is deemed including such costs.
In the event of payment on delivery, cash payment in the Vendor’s store or the payment by the credit/debit card to the carrier, the purchase price is due and payable upon the receipt/takeover of the Products. In the event of the payment via the bank transfer the Purchaser is to remit the purchase price to the Vendor’s bank account such as stipulated in the Order confirmation, under the variable symbol stipulated therein as well, the Purchaser’s obligation to settle the purchase price is met and fulfilled at the moment when the sum in question is credited to the Vendor’s bank account. In the event of payment via ePlatba (i.e. ePayment) scheme, the Purchaser’s obligation to settle the purchase price is deemed to be met and fulfilled at the moment when the sum in question is credited to the bank account of the payments agent. In the event of payment via the PayPal or by the payment card online the Purchaser after the dispatch of Order is automatically redirected to electronic payment gate where he can arrange for respective payment order of the purchase price; the Purchaser’s obligation to settle the purchase price is deemed to be met and fulfilled at the moment when respective sum is credited to the Vendor’s bank or PayPal account.
The Purchaser may make arrangement for an advance payment of the purchase price according to his option or according to the Vendor’s request in the following events; otherwise the Vendor provides the Purchaser with no request as regards any down payment or any other similar payment.
In the event the Purchaser fails in providing the Vendor with requested additional confirmation of Order, the Vendor is entitled to request the settlement of the purchase price in full amount before the Products’ dispatch to the Purchaser; in case the purchase price will remain unsettled by the appropriate deadline, the Vendor is entitled to withdraw from the Purchase Contract.
In respect of the Purchaser, who within one year before placing his current Order had ordered the Products with cash on delivery option and, contradictory to the respective Purchase Contract, had failed to take over the Products from the carrier, the Vendor may require the advance payment and in case of the Purchaser’s failure to effect such advance payment, the Vendor will refrain from delivery of the Products to the Purchaser. Due to the aforesaid, even when such Purchaser sends his Order containing the cash on delivery payment option, he may be required to make payment of the purchase price via the bank transfer and the Products will not be dispatched sooner than the full amount of the purchase price is credited to the Vendor’s bank account; in case the purchase price will remain unsettled by the appropriate deadline, the Vendor is entitled to withdraw from the Purchase Contract.
The Products may be delivered also to the foreign destinations, among other as follows: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Ireland, Italy, Cyprus, Lithuania, Latvia, Luxembourg, Hungary, Malta, Germany, Netherlands, Norway, Poland, Portugal, Austria, Romania, Russian Federation, Greece, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, U.S.A., UK.
In the event of option aimed at the Products’ delivery abroad it is possible that the purchase price is settled only in advance, by the bank transfer, via the PayPal and the credit/debit card online. There are no fees charged for the payment’s execution. The Products are delivered via FedEx courier services (in respect of deliveries to Russia only via the Czech Post services).
The Purchaser acknowledges that in case of delivery service to remote destinations abroad (like some islands, etc.) he may be additionally charged with a higher cost of transport than the one listed in the table according to the FedEx current pricelist; in such case the Purchaser is informed about the higher price immediately after the goods ordering and in case of disagreement he is entitled to withdraw from the Purchase Contract.
In other respects for the Products’ deliveries abroad these GTCS will apply mutatis mutandis, unless explicitly stipulated otherwise.
Dispatch of Products
The Products are shipped from the Vendor’s central warehouse located at Koněvova 136/1704, Praha 3, Czech Republic. In case of Order with payment mode option for cash on delivery, credit/debit card online or to the carrier, via PayPal or in cash on personal takeover of the Product in the Vendor’s store, the Products are shipped on the same day provided the Order was sent and confirmed by 11:00 a.m. If the Order is sent and confirmed later or on a day other than business day, the Product(s) are shipped on the next business day.
If the purchase price is settled via the bank transfer, the Products are shipped without any delay upon the full amount of the purchase price is credited to the bank account of the Vendor or the payment agent.
If the Purchaser opts for the personal collection of the Products in the Vendor’s store, the Purchaser is advised of the Products’ availability for such collection by the e-mail. The Products are stored in the shop for the period of 5 working days.
In the event of the Products’ delivery abroad, the Products are shipped on the next working day immediately following a date on which the full payment for the purchase price was credited to the Vendor’s account. The delivery time is 1-7 days from shipment depending on delivery destination.
The Purchaser is informed of delivery time, possibility to collect the Product or Product storage times in case of the option for other mode of delivery according to terms and conditions of individual carriers.
If the Purchaser omits to collect the Products within the storage period, the Vendor is entitled to withdraw from the Purchase Contract, unless an alternative procedure leading to the Products’ delivery is agreed upon individually.
Retention of Title
The Vendor retains the ownership title to the Products unless and until the purchase price is fully paid by the Purchaser.
Withdrawal from Contract within 14 Days of Products Receipt
The Purchaser is entitled to withdraw from the Purchase Contract without giving any reason within 14 days as of the receipt of the Products. Such withdrawal can be delivered to the Vendor at the address of his seat or through the e-mail firstname.lastname@example.org. The withdrawal period is maintained, if the Purchaser provides the Vendor with appropriate notification of withdrawal before such period is to elapse. For the withdrawal purposes, the Purchaser may use the form on the Vendor’s E-Shop website (download here) or attached to the Products’ shipment.
In order to expedite the process, the Purchaser is advised to provide the Vendor with a copy of his issued invoice together with notification of withdrawal.
By virtue of withdrawal from the Purchase Contract, such Purchase Contract is deemed cancelled as of the outset.
In the event of his withdrawal from the Purchase Contract, the Purchaser is expected, without any unreasonable delay, within 14 days at the latest, to send the Products (undamaged, unworn out and, if possible, in the original wrapping) plus a complete accessories to the Vendor’s address.
The costs connected with the returning of the Products upon the withdrawal from the contract are borne by the Purchaser, even in case when the Products cannot be returned due to their nature through standard postal service way.
The Seller’s recommendation to the Purchasers is that they should send the Products subject to return via certified mail or otherwise so that it is possible to monitor the progress in transport of any such particular consignment, as well as to have it adequately insured. This prevents any difficulties in case of delay or loss of Products in transit.
The Vendor is to return to the Purchaser the purchase price (including paid-in costs of delivery of the returned Products) within 14 days as of the date of withdrawal in the same manner as the payment was originally received from the Purchaser, most often by the transfer of funds to the account such as stipulated in the notification of withdrawal. Price paid through PayPal will be returned again only through PayPal. If the Purchaser’s option was for any other than the cheapest mode of delivery from the scope such as suggested by the Vendor, then the Vendor is to return to the Purchaser the sum corresponding to such suggested the cheapest delivery mode. The Vendor is under no obligation to return received funds to the Purchaser sooner than the Purchaser returns the Products or provides the Vendor with tangible evidence proving such Products were dispatched to the Vendor.
In the event the purchase price was settled by a gift voucher, the Vendor will reinstate the gift voucher’s validity, however only in case when the validity period of the original voucher did not elapse by the day of the Order’s sending.
If he Products’ value is reduced due to improper handling with such Products in the manner other than deemed necessary in order to become familiar with such Products’ nature and properties, including the functionality thereof, the Vendor is entitled to compensation of such damage. The Vendor is in such case entitled to set-off his claim for compensation of damage against the Purchaser’s claim for return of the purchase price after withdrawal – the Purchaser is to receive the purchase price reduced by the amount of damage. The Purchaser acknowledges that the value of the goods can be decreased by up to 30 % if the goods were laundered because, according to the Vendor’s principles, such laundered goods cannot be resold as new.
The Purchaser acknowledges that in accordance with applicable regulations it is impossible to exercise any withdrawal from the Purchase Contract on delivery of Products specifically adjusted according to the Purchaser’s wishes or for the Purchaser’s personal needs, as well as from the Purchase Contract on the delivery of Products in sealed wrapper, where the Purchaser unwrapped the Products and it is impossible to return them due to hygienic reasons (i.e. for example underwear, socks, etc.).
In the manner described herein it is possible to exercise withdrawal from the Purchase Contract also in case of purchasing a gift voucher. The withdrawal period starts its run as of the receipt of the voucher. Immediately after the notification of withdrawal is served onto the Vendor, the Vendor will terminate the voucher’s validity. The Vendor then returns to the Purchaser the voucher’s price in the same manner as he received it, within 14 days as of the date of withdrawal.
Replacement of Products
The Purchaser is entitled to replacement of purchased Products for any other Products of the same value (or the higher value on assumption of the purchase price even up) within 14 days as of the takeover of the Products. If such is the case, the Purchaser will send, on his own cost, the unused and undamaged Products together with any and all parts and accessories to the Vendor’s address, with exact stipulation as regards his request for the Products’ replacement. The Purchaser may use for the replacement purposes also the Vendor’s form placed on the E-Shop website for downloading or attached to the Products’ delivery package. It is also possible to establish the agreement on replacement through the e-mail or telephone or by placing in the E-.Shop a new order with filled in remark that this involves the replacement of the Products with stating the number of the original Order. In order to expedite the process the Purchaser provides the Vendor with a copy of the Vendor’s invoice.
In case of the first replacement within the framework of the same Order, the Purchaser is to cover only the costs to be incurred on returning the original Products to the Vendor, whilst the replaced Products are shipped to the Purchaser free of charge. In case of any additional replacement, the Purchaser will cover the costs of both returning of the original Products, as well as shipment of replaced Products.
The Seller’s recommendation to the Purchasers is that they should send the Products subject to replacement via certified mail or otherwise so that it is possible to monitor the progress in transport of any such particular consignment, as well as to have it adequately insured. This prevents any difficulties in case of delay or loss of Products in transit.
The Purchaser is also entitled to apply for replacement of the Products within the same deadline free of charge, during his personal visit in the wholesale Vendor’s shop located at the address Koněvova 136, Praha 3, Czech Republic.
If the Products sent to be replaced are damaged or their value is otherwise reduced, the Purchaser will be contacted in order to agree on further steps, when the appropriate consideration will be given as to resolve any possible claim of the Vendor with view to the damaged Products.
Approval for Processing of Personal Data
By registering in the E-Shop or placing an order, the Purchaser gives to the Vendor, as the administrator of personal data, consent to the processing personal data, which he communicated to the Vendor. Such personal data are processed for the purposes of exercise the rights and obligations arising from the Purchase Contract or for the purposes of commercial messages addressed to customers or with regards to registered customers also for the purposes of administering the users’ accounts in the E-Shop, in the electronic format and automated mode. Subject to processing are the addresses and identification data relating to the E-Shop customers in the following scope: name and surname, domicile address, delivery/invoicing address, e-mail address, telephone number. The personal data are processed for the period deemed necessary for their processing in view of given purpose. In case of consent given for the purposes of commercial messages sending, the personal information involving the customer’s e-mail address is kept active until the customer cancels his consent. The personal data will not be made available to any other subject, with the exception of giving necessary data (name, address, telephone number, e-mail address) to the carrier for the purposes of the Products delivery including notification of delivery by the SMS or e-mail, as well as to payment agent for the purposes of processing the payment of the purchase price for the Products, as regards what the customer expressly agrees. If the Purchaser asks for the information involving his personal data processing, the Vendor is obligated to provide the Purchaser with such information. For providing the information pursuant to the preceding sentence, the Vendor has right to require a reasonable compensation not exceeding the cost of providing such information. In the event the Purchaser would think that the Vendor performs the processing of his personal data that is inconsistent with the protection of the Purchaser’s private and personal life or against applicable laws, in particular if the personal data are inaccurate for the purpose of processing, the Purchaser may apply for the explanation or require an appropriate remedy. Providing of personal data is voluntary. It is possible to contact the Vendor concerning personal data processing at the e-mail address: email@example.com, via telephone at +420 222 592 440-2, or by notification addressed to the Vendor’s domicile address. The Vendors registration number at the Personal Data Protection Authority of the Czech Republic is 00042893.
Each concluded Purchase Contract is archived by the Vendor and will be sent to the Purchaser on request by the e-mail or via the postal service on the Purchaser’s cost. Until sending a confirmed Order, the Purchaser is not bound by his expressions and is free to make any changes or amendments in respect of filed in data. The contract may be concluded in Czech, English, German, Russian, Spanish, and Slovak languages. In relation to the Purchaser, the Vendor is not bound by any behavior codes. Out-of-court complaints from the consumers are settled by the Vendor via the e-mail firstname.lastname@example.org, and the information about complaint settlement is sent to the e-mail address which the complaint was sent from.
Any pertinent disputes between any particular Buyer and the Seller can be resolved out-of-court, for example through the Czech Trade Inspection proceedings or by virtue of a platform for online dispute resolutions such as created by the European Commission. More information on alternative out-of-court dispute resolution can be found on the respective website of each named entity through appropriate links. Nevertheless, the Buyers are kindly requested to contact the Seller directly with regards to any possible dispute before proceeding towards any selected extrajudicial dispute resolution, for example at the Seller’s e-mail address email@example.com.
It is possible to send the correspondence to the Vendor via the electronic post, in person or via the postal service. The Purchaser receives correspondence via the e-mail stated in his user’s account or the Order.
These General Terms and Conditions of Sale are integrating valid and applicable laws and regulations of the Czech Republic aimed at the protection of consumers and are in accordance with the Directive of the European Parliament and the Council Directive 2011/83 / EU on consumer rights, amending Council Directive 93/ 13 / EEC and Directive of the European Parliament and Council Directive 1999 /44 / EC and repealing Council Directive 85 /577 / EEC and Directive of the European Parliament and Council Directive 97 /7 / EC.
The Purchase Contract, as well as all rights arising there-from or in connection there-with, are governed by the Laws of the Czech Republic; nonetheless, this does not have any impact on any consumer rights guaranteed by any foreign laws and regulations valid and applicable at the Purchaser’s regular domicile, provided such is, at the same time, identical with the Products’ point of delivery.
The Purchaser declares that before sending the Order he made himself familiar with these GTCS, as well as the Complaints Procedure, and is in agreement with them.
The Vendor is entitled to sell the goods as merchant on grounds of the trade licence. Trade control is exercised within the scope of authority of the Municipal Borough Authority Prague 3, Czech Republic. The supervision over the personal data protection is performed by the Personal Data Protection Authority of the Czech Republic. The Czech Trade Inspection performs within set-out scope the supervision over the observance of the provisions of the Act No. 634/1992 Coll., on consumer protection, as amended.
In case that any provision of these GTCS becomes invalid or ineffective it will be replaced with a new provision, which will be valid and effective and which will be as to its meaning as close as possible to the original provision. Invalidity or non-effectiveness of any single provision does not affect validity and effectiveness of any outstanding provisions. Any changes or amendments of the Purchase Contract or the GTCS must be in writing.
These General Terms and Conditions of Sale become effective on the 1st May 2016.
UNCLE SAM a.s. / E-SHOP
130 00 Praha 3
GSM: +420 607 511 074
PHONE: +420 222 592 440-2
FACSIMILE: +420 271 772 363
In all correspondence, please, always state UNCLE SAM a.s. / E-SHOP. Thank you.