GENERAL TERMS AND CONDITIONS
for e-shop www.blakprg.com
1. SELLER IDENTIFICATION
Seller: Tobias Janda
Registered office: Slunečná 673, Strančice 251 63 Czech Republic
ID: 22055321
Email: info@blak.cz
Website: www.blakprg.com
(hereinafter referred to as the "Seller")
2. DEFINITION OF TERMS
For the purposes of these GTC, the terms below have the following meanings:
2.1 “E-shop” means the online store available at www.blak.cz.
2.2 “Buyer” means a natural or legal person who concludes a purchase contract with the Seller.
2.3 "Consumer" means the Buyer - a natural person who concludes a purchase contract with the Seller outside the scope of his business activity or outside the scope of independent professional activity.
2.4 “Entrepreneur” means a Buyer acting in the course of his business activity or in the independent exercise of his profession (e.g. purchasing on a business registration number).
2.5 "Goods" means products offered by the Seller in the E-shop (typically smoking/dab accessories, supplements, cleaning and service products, or other assortment according to the E-shop's offer).
2.6 "Order" means a legal action of the Buyer made through the E-shop, by which the Buyer proposes to conclude a purchase contract.
2.7 “Purchase Agreement” means a purchase agreement concluded between the Seller and the Buyer via the E-shop.
2.8 “User Account” means an account set up by the Buyer in the E-shop (if available), enabling the management of orders and data.
2.9 “Delivery Address” means the address provided by the Buyer for delivery of the Goods.
2.10 “Claim” means the exercise of rights arising from defective performance against the Seller.
2.11 “Return” means the return of the Goods by the Consumer upon withdrawal from the contract.
3. BASIC PROVISIONS
3.1 These GTC regulate the mutual rights and obligations between the Seller and the Buyer arising in connection with the conclusion of the Purchase Agreement via the E-shop.
3.2 Legal relations are governed by the legal system of the Czech Republic, in particular:
1) Act No. 89/2012 Coll., Civil Code,
2) Act No. 634/1992 Coll., on Consumer Protection,
3) Regulation (EU) 2016/679 (GDPR) and related regulations.
3.3 The provisions of these GTC intended for Consumers shall apply only if the Buyer is a Consumer. They shall apply mutatis mutandis to Entrepreneurs, unless expressly stated otherwise.
3.4 The E-shop is intended exclusively for persons over 18 years of age. By sending the Order, the Buyer confirms that he is over 18 years of age. The Seller is entitled to verify the Buyer's age.
4. INFORMATION ABOUT GOODS AND PRICES
4.1 Information about the Goods, their properties and price is provided for individual products in the E-shop.
4.2 Prices are inclusive of VAT unless otherwise expressly stated for the product.
4.3 Product photos may be illustrative. The text description of the product and its specifications in the E-shop are always decisive.
4.4 The Seller reserves the right to change the range and prices. The change does not affect already confirmed orders.
5. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
5.1 The presentation of the Goods in the E-shop is informative and does not constitute a proposal to conclude a contract.
5.2 The Buyer shall place the Order by:
1) selects the Goods,
2) puts it in the cart,
3) chooses shipping and payment,
4) fill in the required information,
5) confirms the order with the binding order button.
5.3 By sending the Order, the Buyer confirms that he has read the GTC and agrees with them.
5.4 The purchase contract is concluded upon confirmation of the Order by the Seller (typically by e-mail).
5.5 The Seller reserves the right not to accept the Order, especially in the following cases:
1) obvious errors in price, description or availability,
2) selling out of Goods,
3) reasonable suspicion of misuse of the E-shop,
4) violation of the 18+ condition,
5) impossibility of delivery to the chosen address.
6. PAYMENT TERMS
6.1 The Buyer may pay the price in particular:
1) cashless by transfer,
2) online payment gateway,
3) cash on delivery (if available for the selected transport).
6.2 In the case of cashless payment, the Buyer is obliged to provide correct payment identification data (in particular, the order number as a variable symbol, if required).
6.3 Ownership of the Goods shall only be transferred to the Buyer upon full payment of the purchase price.
6.4 The Seller may provide a discount; discounts cannot be combined unless otherwise stated.
7. DELIVERY OF GOODS AND TRANSFER OF RISK OF DAMAGE
7.1 Goods are usually delivered only within the territory of the Czech Republic, unless expressly stated otherwise.
7.2 The delivery time is indicated for guidance on the product or in the basket.
7.3 The Buyer is obliged to check the Goods upon receipt. If the shipment is visibly damaged, it is recommended not to accept the shipment or to draw up a damage report with the carrier.
7.4 The risk of damage to the Goods passes to the Buyer upon receipt of the Goods.
8. WITHDRAWAL FROM THE CONTRACT (CONSUMER)
8.1 The Consumer has the right to withdraw from the Purchase Contract within 14 days from the date of receipt of the Goods.
8.2 For withdrawal, it is sufficient for the Consumer to send a clear notice of withdrawal within 14 days (preferably by e-mail to info@blak.cz).
8.3 The Consumer is obliged to send the Goods back within 14 days of withdrawal.
8.4 Send the goods to the return address:
Registered office: Slunečná 673, Strančice 251 63 Czech Republic
8.5 The costs of returning the Goods are borne by the Consumer, unless otherwise agreed.
8.6 The Seller shall refund to the Consumer all payments received (including the cost of delivery by the cheapest method offered) no later than 14 days from the date of withdrawal. However, the Seller may withhold the money until it receives the returned Goods or proof of dispatch (whichever comes first).
8.7 The Consumer is liable for any diminished value of the Goods if they have handled them in a manner other than is necessary to become familiar with the nature and properties of the Goods.
9. EXCEPTIONS TO WITHDRAWAL FROM THE CONTRACT
9.1 The consumer cannot withdraw from the contract in the cases specified in Section 1837 of the Civil Code, in particular:
1) goods modified on request or made to order,
2) goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons,
3) perishable goods,
4) services that have been fully provided (if legal conditions have been met).
10. RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINT)
10.1 The Seller is responsible to the Consumer that the Goods are free from defects upon receipt.
10.2 The consumer is entitled to file a complaint for a defect that becomes apparent within 24 months of receipt, unless otherwise stated for the Goods (e.g. used goods / goods with a shortened lifespan).
10.3 Complaints are submitted in accordance with the Blak E-shop Complaints Procedure (separate document).
10.4 The complaint will be handled without undue delay, no later than 30 days from the date of the complaint, unless the parties agree otherwise.
10.5 Liability does not apply to normal wear and tear and defects caused by improper handling, unprofessional intervention or use contrary to the intended purpose.
11. USER ACCOUNT
11.1 The Buyer may (if the E-shop offers this option) create a User Account.
11.2 The Buyer is obliged to protect the access data. The Seller is not liable for any misuse of the account resulting from a breach of this obligation.
11.3 The Seller is entitled to cancel the account in case of violation of the GTC or legal regulations.
12. AGE RESTRICTION (18+)
12.1 Products in the E-shop are intended exclusively for persons over 18 years of age.
12.2 The Seller is entitled to request verification of age and, if age cannot be proven, to refuse the order or withdraw from the contract.
13. PRODUCT AND LEGAL USE STATEMENT
13.1 The goods offered in the E-shop are intended for legal use in accordance with the legal regulations of the Czech Republic.
13.2 The Seller is not liable for the use of the Goods in violation of legal regulations or in violation of the instructions or purpose of use.
14. PROTECTION OF PERSONAL DATA
14.1 Personal data is processed in accordance with the GDPR and Act No. 110/2019 Coll., on the processing of personal data.
14.2 Detailed information is provided in the document “Privacy Policy (GDPR)”.
15. OUT-OF-COURT DISPUTE RESOLUTION
15.1 The Czech Trade Inspection Authority is responsible for the out-of-court resolution of consumer disputes:
Czech Trade Inspection, Štěpánská 567/15, 120 00 Prague 2, www.coi.cz
15.2 The Buyer may also use an online dispute resolution (ODR) platform if available under EU regulations.
16. FINAL PROVISIONS
16.1 These GTC are governed by the laws of the Czech Republic.
16.2 Any disputes will be resolved by the courts of the Czech Republic with jurisdiction over the subject matter and location.
16.3 The Seller is entitled to change the GTC. The binding version for the Buyer is effective at the time of sending the Order.
16.4 These GTC come into effect on the date of publication in the E-shop.