Terms & Conditions
Registered office: Českých bratří 338, 547 01 Náchod, Czech Republic
Company ID: 09725351; VAT No.: CZ09725351
for the sale of goods via the e-shop located at the web
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as “Terms and Conditions”) of the operator of the Rubena, s.r.o. e-shop with its registered office: Českých bratří 338, 547 01 Náchod, Czech Republic, Company ID: 09725351; VAT No.: CZ09725351, (hereinafter referred to as the “Seller”) in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, the Civil Code (hereinafter referred to as the “Civil Code”), regulate the mutual rights and obligations of the parties arising from or based on the purchase contract (hereinafter referred to as the “Purchase Contract”) entered into between the buyer and another natural person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller through a website located at https://www.rubena-tyres.com (hereinafter referred to as the “website”), through the applicable web interface (hereinafter the “e-shop web interface”).
1.2. The Terms and Conditions shall not apply in cases where a person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, is acting within the scope of their business activities or the independent performance of a profession.
1.3. Provisions that deviate from the Terms and Conditions may be agreed upon in the Purchase Contract. Derogating provisions under the Purchase Contract shall take precedence over those of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contact. The Purchase Contract and the Terms and Conditions are executed in Czech and English. The Purchase Contract may be concluded in Czech or in English.
1.5. The Seller may change the wording of the Terms and Conditions or add to it. This provision is without prejudice to any rights and obligations existing during the effective term of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on registration of the Buyer completed through the website, the Buyer may access its own web interface. Using the Buyer’s own web interface, the Buyer may order goods (hereinafter the “User Account”). If the web interface of the e-shop allows it, the Buyer may also order goods directly from the e-shop web interface without any registration.
2. 2. When performing the online registration and when ordering goods the Buyer must provide correct and true information. The Buyer shall be obliged to update the information provided in the user account after any kind of change. The Seller shall consider the information provided by the Buyer in the user account and when ordering goods to be correct.
2.3. Access to the user account is protected by a combination of a user name and password. The Buyer shall be required to protect the confidentiality of all information essential for access to the user account.
2.4. The Buyer must not allow third parties to use its user account.
2.5. The Seller shall be entitled to delete a user account, especially in cases where an account remains inactive for more than 2 years, or in cases where the Buyer commits a breach of its obligations arising from the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer hereby bears in mind that the user account will not need to be continuously accessible, particularly in view of the necessary maintenance of the Seller’s hardware and software and any necessary maintenance of third-party hardware and software.
3. Pre-Arrangement Disclosures
3.1. The Seller hereby discloses that:
a. The costs of remote communication tools do not differ from the basic rate;
b. It requires payment of the purchase price prior to the Buyer’s acceptance of performance;
c. The prices of the goods and services on the website operated by the Seller are stated including and excluding VAT, including all charges stipulated by law, nevertheless, the costs of delivery of the goods or services shall differ according to the selected method and provider of the transport service as well method of payment;
d. The Consumer has the right to withdraw from a contract (unless otherwise stated below) within a period of fourteen days, which shall in the case of
i. a Purchase Contract, start on the day of goods receipt by the Consumer,
ii. a contract that includes several kinds of goods or several deliveries, start on the day of the receipt of the last goods delivery; or
iii. a contract with regular and repeated goods deliveries, start on the day of receipt of the first delivery of goods;
iv. and the withdrawal must be sent to the Seller's registered office via the e-mail address firstname.lastname@example.org, in writing to the Seller's registered office address listed in the header of these Terms and Conditions, or may otherwise use the Withdrawal Form on the Seller's website;
g. the Consumer may withdraw from the Purchase Contract:
i. for the provision of services which the Seller has fulfilled with the prior express consent of the Consumer before the expiry of the withdrawal period;
ii. for the supply of goods or services, the price of which depends on financial market fluctuations independently of the Seller’s will, which may occur within the period for withdrawal from the Contract;
iii. for delivery of goods modified according to the Consumer's specification or customised;
iv. for delivery of perishable goods, as well as goods, which were permanently mixed with other goods after delivery;
v. for repair or maintenance carried out at the location specified by the Consumer at the Consumer’s request; however, this shall not apply in the case of subsequent performance of repairs other than those required or delivery of replacement parts other than those requested;
h. in case of a withdrawal the Consumer shall cover all cost in connection with the return of goods, and if it concerns a contract concluded via a remote communication method, also the cost for the return of goods, provided that due to the nature of the goods they cannot be returned via a regular postal carrier;
i. the warranty period is twenty-four months from the receipt of the goods.
4. ENTERING INTO THE PURCHASE CONTRACT
4.1. Presentations of all goods displayed on the online web interface are for informative purposes only and the Seller is not obliged to conclude the Purchase Contract for these particular goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
4.2. The e-shop web interface contains information about the goods, including specification of the individual goods prices and costs of returning the goods, provided such goods cannot be normally returned by post due to their nature. The prices of the goods are quoted inclusive of value added tax and all other related fees. The prices of the goods shall remain valid while the goods are displayed on the e-shop web interface. The aforementioned provision does not restrict the option of the Seller to conclude a Purchase Contract under individually agreed conditions.
4.3. The e-shop web interface also includes information on costs related to the packaging and delivery of goods.
4.4. To order the goods, the Buyer shall fill in the order form available at the e-shop web interface. The order form particularly includes information about:
4.4.1. The ordered goods (the Buyer shall “place” the ordered goods in an electronic cart at the e-shop website);
4.4.2. Payment method of the purchase price of the goods, information about the requested delivery method of the ordered goods; and
4.4.3. Information on costs related to the delivery of the goods (hereinafter jointly referred to as the “Order”).
4.5. Before sending the order to the Seller, the Buyer has the option to check and edit the data entered in the order, including the option to check or correct errors that may have occurred while entering information in the given order form. The Buyer shall send its order to the Seller by clicking the “Send order” button. Information specified in the order will be considered by the Seller as correct. Immediately after receiving the order, the Seller shall confirm this fact by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter the “Buyer’s Electronic Address”).
4.6. The Seller shall always, depending on the character of the order (the quantity of the goods, the amount of the purchase price and the expected costs for transport), be entitled to ask the Buyer for an additional confirmation of the order (e.g. in writing or by phone).
4.7. The contractual relationship between the Seller and the Buyer is established by delivery of the order acceptance, which is sent by the Seller to the Buyer via e-mail, to the Buyer's e-mail address, except in the case of a “personal collection order”, where the contractual relationship is established at the moment of picking up the ordered goods by the Buyer at the selected place of “personal collection”.
4.8. In such case the choice of shipping the order is as a “personal collection”, the time for picking up the goods at the Buyer's chosen place of collection is 10 working days from the date of delivery of the confirmation e-mail from the Seller. If the goods are not picked up by the Buyer at the collection point within this period, the order will be cancelled by the Seller and the reservation of the goods will be cancelled without any legal entitlement to the Purchase Contract.
4.9. The Buyer agrees that the means of distance communication will be used to conclude the Purchase Contract. The costs that arise for the Buyer during use of remote communication means in connection with the entry into the Purchase Contract (costs for internet connection, costs for phone calls) shall be paid by the Buyer alone, and these costs shall not differ from the basic rate.
4.10. The Seller reserves the right to change the delivery and payment terms stated on the website for operational and technical reasons (price change, shortage of goods on the market, etc.). In this case, the Buyer shall be contacted by the Seller by e-mail and the Contract shall only be concluded after the Buyer has accepted the amended draft Purchase Contract also by e-mail correspondence.
4.11. The Seller shall be entitled not to accept the order from the Buyer if it is unable to deliver the ordered goods, e.g., because the goods are no longer produced, the price has changed significantly, it is unable to deliver the required quantity, etc. In this case, the Seller shall contact the Buyer in order to agree on further action in the matter.
4.12. If the Seller is only able to deliver some of the goods from the order, the Purchase Price is concluded for the sale of those goods that are indicated in the acceptance of the order by the Seller as goods that will be delivered to the Buyer. The Buyer shall be informed by the Seller that some goods cannot be delivered by e-mail. In this case, the postage and packing costs shall be to the same extent as if the order had been accepted in full.
5. PRICE OF THE GOODS AND TERMS OF PAYMENT
5.1. The Buyer may pay the price for the goods and potential costs related to the delivery of the goods in accordance with the Purchase Contract to the Seller in the following ways: - Cash on delivery at the location specified by the Buyer in the order (only within the Czech Republic) - bank transfer - GoPay cashless online payment gateway, which allows payment by bank card or fast bank transfer
5.2. Along with the purchase price, the Buyer shall also be obliged to pay the costs related to the packaging and delivery of the goods in the arranged amount to the Seller. Unless otherwise specified, the “purchase price” shall also include any costs related to the delivery of the goods.
5.3. If payment is made by cash on delivery, the purchase price shall be due upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from concluding the Purchase Contract.
5.4. In case of direct deposit payment, the Buyer shall be obliged to make the payment for the goods purchase price along with the respective payment variable code. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the respective amount into the Seller’s account.
5.5. The Seller shall be entitled to demand payment of the full purchase price before the goods are shipped to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
5.6. Potential discounts from the price of the goods provided by the Seller to the Buyer may not be mutually combined.
5.7. If usual in business relationships or if required by applicable law, the Seller shall issue the Buyer a tax document (invoice) for payments made based on the Purchase Contract. The Seller is a VAT payer. The Seller shall issue an tax document invoice to the Buyer after payment of the price for the goods in electronic form to the Buyer’s e-mail address.
5.8. In the event that the Seller does not accept the proposal for the conclusion of the Contract or only partially accepts it, but the Buyer has made a payment according to its order, then this payment shall be returned to the Buyer within 10 days after the proposal for the conclusion of the Contract by the Seller was rejected or the order was cancelled due to non-acceptance of the goods upon personal collection.
6. SHIPPING AND DELIVERY TERMS
6.1. By entering into the Purchase Contract, the Seller hereby undertakes to hand over the item to the Buyer and to enable the Buyer to acquire ownership of it, and the Buyer undertakes to take possession of the item and to pay the purchase price to the Seller.
6.2. The Seller hereby reserves ownership of the item, of which the Buyer shall only become the owner after the purchase price has been paid in full. The Seller shall transfer the item to the Buyer along with any documentation relating to it and shall enable the Buyer to acquire ownership in accordance with the Contract.
6.3. The Seller shall hand over the item to the Buyer as soon as the item is handed over to it by the carrier or collected by it in person.
6.4. If the Seller hands over a greater number of items than originally agreed upon, the Purchase Contract shall be considered entered into for the excess amount, unless the Buyer refuses it without undue delay.
6.5. The Seller shall hand the subject of purchase over to the Buyer in the agreed quantity, quality and design.
6.6. If the transport method is contractually agreed upon based on a special request from the Buyer, the Buyer shall bear the risk and potential additional costs related to such transport method.
6.7. If the Seller shall be required under the Purchase Contract to deliver the goods to a location specified by the Buyer in the Order, the Buyer shall be required to take possession of the goods upon their delivery.
6.8. If, due to reasons on the Buyer’s part, it becomes necessary to deliver goods repeatedly or in a manner other than as specified in the order, the Buyer shall be required to pay the costs related to repeat delivery of the goods and the costs related to a different delivery method.
6.9. Upon acceptance of the goods from the carrier, the Buyer shall be required to check that the packaging of the goods has not been breached, and in the event of any defects to promptly notify the carrier. In the event of finding a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer does not have to accept the shipment from the carrier, and this fact shall be notified without undue delay to the Seller as part of the shipment complaint. If this Buyer takes over such a damaged package from the carrier, it is necessary to describe the damage in the handover report of the carrier.
6.10. Other rights and obligations of the Parties during the transport of the goods may be governed by special delivery terms of the Seller, if issued by the Seller.
7. PASSAGE OF RISK
7.1. An item shall be considered defective if it lacks the agreed properties. Defective performance involving other items and in documents necessary for the use of an item shall also be considered defects.
7. 2. The Buyer’s right from the defective performance is constituted by a defect that the item shows upon passing over the risk of damage to the Buyer, even if it becomes apparent later.
7.3. The Buyer shall check the item, if possible, as soon as after the risk of damage passed and shall convince themselves of its features and quantity.
7.4. The risk of damage passes to the Buyer upon receipt of the item. The same effect shall exist if the Buyer fails to take possession of the item even though the Seller has enabled it to dispose of it.
7.5. Damage to an item that has arisen after passing the risk of damage to the Buyer shall have no effect on the Buyer’s obligation to pay the purchase price, unless the Seller has caused the damage by breaching its obligations.
7.6. If the respective Party is delayed with acceptance of the items, the other Party shall become entitled to sell the items following prior notification at the other Party’s expense in an appropriate manner after the delayed party has been provided with a sufficient period of time for acceptance. This shall also apply if the respective Party is delayed with any payment, upon which the handover of items is conditioned.
8. WITHDRAWAL FROM THE PURCHASE CONTRACT – RETURN OF GOODS
8.1. The Buyer shall acknowledge that pursuant to the provisions of Section 1837 of the Civil Code, the Purchase Contract for delivering goods may not be, among others, cancelled when the goods were modified according to the Buyer's wish or for its person; the goods ordered were prone to fast decay; the goods were irreversibly mixed with other goods once delivered; the goods were delivered in a closed package from which the Buyer removed the goods and the goods cannot be put back for hygienic reasons; or when an audio or video recording or a computer program was delivered and the Buyer damaged its original packaging.
8.2. Except for the case referred to in Section 8.1 of the Terms and Conditions or in another case when the Purchase Contract may not be cancelled, the Buyer shall be entitled to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, within (14) days from the date of takeover of the goods, and in the case that several types of goods or delivery of several parts is the subject of the Purchase Contract, the said term shall run from the date of the last delivery of the goods. The Buyer shall be obliged to send its withdrawal notice within the time period stipulated in the previous sentence. The Buyer shall send the withdrawal notice to the Seller's address listed in the header of the Contract or to the Seller's e-mail address at email@example.com. To withdraw, the Buyer may use the Withdrawal Form published on the Seller's website. As part of the withdrawal notice, the Buyer sends the Seller a bank account number for the refund of payment for the goods.
8.3. In the event the Purchase Contract is withdrawn from pursuant to Section 8.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the onset. Unused goods shall be returned to the Seller without undue delay, but no later than 14 days after the withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall be responsible for any costs connected with returning the goods to the Seller. The Buyer shall send the goods to the Seller at Rubena, s.r.o., Českých bratří 338, 547 01 Náchod, Czech Republic.
8.4. In the event of withdrawal from the Contract pursuant to Section 8.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of returning the goods to the Seller. The Seller shall also be entitled to return the money provided by the Buyer already at the time the goods are returned by the Buyer, or in another way as long as the Buyer agrees and no other cost are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be required to return the funds received from the Buyer before the Buyer returns the goods to the Seller or provides evidence that the goods have been sent to the Seller.
8.5. The Buyer shall return the goods complete, i.e., including all supplied accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received. The Buyer shall be held liable towards the Seller for any decreased value of the goods resulting from the fact that the goods were handled in a different manner than necessary with regard to the character and properties of the goods.
8.6. The Seller shall be entitled to unilaterally match their claim to compensation for any damage to the goods against the Buyer’s claim to a refund of the purchase price.
8.7. If free shipping is provided to the Buyer together with the goods, the cost of shipping shall be deducted from the amount of the returned goods.
9. DEFECTIVE PERFORMANCE RIGHTS
9.1. The rights and obligations of the parties relating to defective performance shall be governed by the applicable generally binding legal regulations (in particular by the provisions of 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, as amended).
9. 2. The Seller shall be responsible for ensuring the Buyer that the goods are not defective. The Seller shall be particularly liable to the Buyer for ensuring at the moment of takeover by the Buyer that:
9.2.1. the goods have the properties agreed between the parties, or if no such agreement exists, the properties described by the Seller or the manufacturer, or the properties that the Buyer expects with regard to the nature of the goods and based on advertisements produced by the Seller or the manufacturer;
9.2.2. the Goods are suitable for the purpose(s) for which they are specified by the Seller or for which Goods of this type are normally used;
9.2.3. the goods conform to the quality or execution of the contracted sample or template, provided that the grade or design has been determined according to the agreed sample or template;
9.2.4. the goods are in the appropriate quantity, scale or weight; and
9.2.5. the goods comply with the applicable statutory requirements.
9.3. The provisions specified in Section 8.2 of the Terms and Conditions are not used for goods sold for a lower price due to a defect for which the lower price was agreed upon, due to wear of the goods caused by regular use, for used goods due to a defect corresponding to the level of use and wear, which the goods had upon acquisition by the Buyer, or if otherwise implied by the nature of the goods.
9.4. If the defect appears within a period of six months from acceptance, then it shall be assumed that the goods were already defective at the time of their acceptance. The Buyer shall be entitled to exercise rights from defects that occur in the consumer goods within 24 months from the acceptance of the goods.
9.5. The Buyer shall exercise rights stemming from defective fulfilment in relation to the Seller at the address of the Seller’s operating facility, in which the acceptance of a claim is possible in view of the assortment of sold goods and/or at the registered office or place of business.
9. 6. Additional rights and obligations of the parties relating to the Seller’s liability for defects may be defined by the Seller’s Complaint Rules.
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The Buyer shall acquire ownership of the goods by paying the entire purchase price for them.
10.2. In relation to the Buyer, the Seller shall not be bound by any codes of conduct as defined by the provisions of Section 1826(1)(e) of the Civil Code.
10.3. As for out-of-court settlement of consumer disputes under the Purchase Contract, the competent authority shall be the Czech Trade Inspection Authority located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz.
10.4. The Seller shall be entitled to sell goods based on a trade licence. The Trade Licensing Authority shall exercise its relevant jurisdiction to check the validity and effectiveness of trade licences. The Czech Personal Data Protection Office shall perform supervision over personal data protection. The Czech Trade Inspection Authority shall to a limited extent perform tasks including the supervision of compliance with Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
10. 5. The Buyer hereby accepts the risk of a change of circumstances pursuant to Section 1765(2) of the Civil Code.
11. DATA PROTECTION
11.1. We are committed to protecting your privacy and your business data throughout the entire data processing process. We process the personal data we have collected in connection with your visit to this website confidentially and in accordance with all legal requirements. Personal data protection and data security are an integral part of our corporate policy.
11.2. The Buyer acknowledges that it shall be obliged to specify its Personal Data (during registration, in its user account, when placing an order from the e-shop web interface) correctly and inform the Seller of any changes in its personal data without undue delay.
11.3. The Seller performs their duty to inform the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) relating to the processing of the Buyer’s personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Contract, and for the performance of Seller's public law obligations based on a special document.
12. SENDING COMMERCIAL MESSAGES AND COOKIES STORAGE
12.1. The Buyer hereby agrees to the sending of information relating to goods, services or the business entity of the Seller to the Buyer’s e-mail address and agrees to the sending of commercial disclosures by the Seller to the Buyer’s e-mail address.
12.2. The Buyer gives its consent to the saving of cookies on its computer. If purchases at the website may be conducted, and the Seller’s obligations under the Purchase Contract may be met, without cookies being installed in the Buyer’s computer, the Buyer may revoke the consent under the preceding sentence at any time.
13.1. Correspondence may be delivered to the Buyer’s e-mail address.
14. FINAL PROVISIONS
14.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the Parties agree that the relationship is governed by the law of the Czech Republic and disputes shall be resolved by the competent courts of the Czech Republic. This is without prejudice to the Consumer's rights under generally binding legislation and does not deprive the Consumer of the protection afforded by the provisions of the legal order, which may not be derogated from contractually and which would otherwise apply in the absence of a choice of law under Section 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
14.2. Should any provisions of the Terms and Conditions be found to be or become invalid or ineffective, then such invalid and/or ineffective provisions shall be replaced by provisions with a meaning that corresponds as closely as possible to the purpose of the replaced provisions. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions.
14.3. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in an electronic form and shall not be accessible.
14.4. A sample Withdrawal Form for the Purchase Contract forms an integral part of the Terms and Conditions.
14.5. The Contract is concluded in the Czech/English language. If for the needs of the Buyer a translation of the Contract is made, in case of dispute about the interpretation of terms the interpretation of the contract in the Czech language shall prevail.
14.6. The Seller's contact details – delivery address: Rubena, s.r.o., Českých bratří 338, 547 01 Náchod, Czech Republic, e-mail address: firstname.lastname@example.org, phone number: + 420 491 447 540.
14.7. These Terms and Conditions, including their components, valid and effective from 3.4.2023, cancel the previous version of the Terms and Conditions, including their components, and are available at the Seller's registered office and premises or electronically at www.rubena-tyres.com.