Terms and conditions

These General Terms and Conditions (“Terms”) of Gas Station Flavors s.r.o., with its registered office at Rybná 716/24, Staré Město, 110 00 Prague, Company ID No.: 19624875 and VAT ID No.: CZ19624875, registered in the Commercial Register under File No. C 389376/MSPH maintained by the Municipal Court in Prague, e-mail info@watchesgasstation.com, telephone number +420 728 489 599 (“We” or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded through the E-shop on the website www.watchesgasstation.com

All information regarding the processing of Your personal data is contained in the Personal Data Processing Policy, which can be found here: Personal Data Protection Policy.

The provisions of these Terms form an integral part of the Agreement. The Agreement and these Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of these Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the Terms.

As You certainly know, we primarily communicate remotely. Therefore, our Agreement is also concluded using means of distance communication, which enable Us and You to reach an agreement without Our simultaneous physical presence, and the Agreement is therefore concluded remotely in the E-shop environment through the website interface (the “E-shop web interface”).

If any part of these Terms conflicts with what We have specifically agreed together during the process of Your purchase on Our E-shop, such specific agreement shall prevail over these Terms.

I. CERTAIN DEFINITIONS

1. Price means the monetary amount You will pay for the Goods;

2. Delivery Price means the monetary amount You will pay for the delivery of the Goods, including the cost of packaging;

3. Total Price means the sum of the Price and the Delivery Price;

4. VAT means value added tax under the applicable legal regulations;

5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;

6. Order means Your irrevocable proposal to conclude an Agreement with Us for the purchase of Goods;

7. User Account means an account created on the basis of the information provided by You, enabling the storage of entered data and the history of ordered Goods and concluded Agreements;

8. You means the person purchasing on Our E-shop, referred to by legal regulations as the buyer;

9. Goods means everything that You can purchase on the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

1. The purchase of Goods is only possible through the E-shop web interface.

2. When purchasing Goods, You are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE AGREEMENT

1. The Agreement with Us may only be concluded in the Czech language.

2. The Agreement is concluded remotely through the E-shop, while the costs of using means of distance communication are borne by You. However, these costs do not differ from the basic rate You pay for the use of such means (in particular for internet access), so You should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree to the use of means of distance communication.

3. In order for Us to conclude the Agreement, You must create a draft Order on the E-shop. This draft must contain the following information:

a) Information about the Goods being purchased (on the E-shop, You designate the Goods You are interested in purchasing by clicking the “Add to cart” button);

b) Information about the Price, Delivery Price, method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered when creating the draft Order within the user environment of the E-shop, while information about the Price, Delivery Price, and Total Price will be displayed automatically based on the Goods selected by You and the method of delivery;

c) Your identification and contact details used so that We can deliver the Goods, in particular Your first name, surname, delivery address, telephone number, and e-mail address;

d) In the case of an Agreement under which We will deliver Goods to You regularly and repeatedly, also information on how long the Goods will be delivered to You.

4. During the creation of the draft Order, You may change and check the entered data until the Order is created. After checking the data, You create the Order by clicking the “Order with obligation to pay” button. Before clicking the button, however, You must also confirm that You have read and agree to these Terms, otherwise it will not be possible to create the Order. A checkbox is used for such confirmation and consent. After clicking the “Order with obligation to pay” button, all completed information will be sent directly to Us.

5. We will confirm receipt of Your Order as soon as possible after it is delivered to Us, by a message sent to the e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms. The Agreement between Us and You is concluded upon Our confirmation of the Order. The version of the Terms effective on the date of the Order forms an integral part of the Agreement.

6. There may also be cases where We are unable to confirm Your Order. This applies in particular to situations where the Goods are unavailable or where You order a greater number of units of Goods than is permitted by Us. However, We will always provide You in advance through the E-shop with information on the maximum quantity of Goods, and this should therefore not come as a surprise to You. If any reason arises for which We cannot confirm the Order, We will contact You and send You an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment You confirm Our offer.

7. In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, We are not obliged to supply You with the Goods at such Price, even if You have received an Order confirmation and the Agreement has therefore been concluded. In such a situation, We will contact You without undue delay and send You an offer to conclude a new Agreement in an amended form compared to the Order. In such a case, the new Agreement is concluded at the moment You confirm Our offer. If You do not confirm Our offer within 3 days of its dispatch, We are entitled to withdraw from the concluded Agreement. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers or where a digit is missing or has been added.

8. Once the Agreement is concluded, You incur the obligation to pay the Total Price.

9. If You have a User Account, You may place the Order through it. Even in such a case, however, You are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating the Order is otherwise identical to that of a buyer without a User Account, but the advantage is that there is no need to repeatedly fill in Your identification details.

10. In some cases, We allow discounts to be used for the purchase of Goods. In order for the discount to be granted, You must fill in the details of such discount in the designated field within the draft Order. If You do so, the Goods will be provided to You with the discount.

IV. USER ACCOUNT

1. Based on Your registration within the E-shop, You may access Your User Account.

2. When registering a User Account, You are obliged to state all entered information correctly and truthfully and to update it in the event of any change.

3. Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access credentials and not provide them to anyone. In the event of misuse thereof, We bear no responsibility.

4. The User Account is personal, and You are therefore not entitled to allow third parties to use it.

5. We may cancel Your User Account, in particular if You do not use it for more than 360 days or if You breach Your obligations under the Agreement.

6. The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

1. The Price is always stated within the E-shop, in the draft Order, and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Agreement. The draft Order also states the Delivery Price, or the conditions under which delivery is free of charge.

2. The Total Price is stated including VAT and including all fees stipulated by law.

3. We will require payment of the Total Price from You after the conclusion of the Agreement and before the Goods are handed over. You may pay the Total Price in the following ways:

a) By bank transfer. The payment details will be sent to You in the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 3 days.

b) By online card payment. In such a case, the payment is made through the Pays payment gateway, and the payment is governed by the terms and conditions of that payment gateway, which are available at: https://www.pays.cz. In the case of online card payment, the Total Price is due within 3 days.

c) Cash on delivery. In such a case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.

d) In cash upon personal collection. The Goods may be paid for in cash when collected at Our premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.

4. The Invoice will be issued in electronic form after payment of the Total Price and will be sent to Your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.

5. Title to the Goods passes to You only after You pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is deemed paid when credited to Our account; in all other cases, it is deemed paid at the moment the payment is made.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

1. The Goods will be delivered to You according to Your choice, and You may choose from the following options:

b) Personal collection at pick-up points of Zásilkovna and Uloženka;

c) Delivery through transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;

2. Goods may only be delivered within the Czech Republic.

3. The delivery time of the Goods always depends on their availability and on the selected method of delivery and payment. The estimated delivery time of the Goods will be communicated to You in the Order confirmation. The time stated in the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at Our premises, We will always inform You of the possibility of collecting the Goods by e-mail.

4. Upon receipt of the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us thereof without delay. If there is damage to the packaging indicating unauthorized handling and interference with the shipment, You are not obliged to accept the Goods from the carrier.

5. In the event that You breach Your obligation to accept the Goods, except in the cases under Article VI.4 of these Terms, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, failure by You to accept the Goods does not constitute withdrawal from the Agreement between Us and You. However, in such a case We are entitled to withdraw from the Agreement due to Your material breach of the Agreement. If We decide to exercise this right, the withdrawal becomes effective on the day it is delivered to You. Withdrawal from the Agreement does not affect the claim for payment of the Delivery Price or any claim for damages, if such damage has arisen.

6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Agreement, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to Your e-mail address specified in the Agreement, and they are due within 14 days from delivery of the e-mail.

7. The risk of damage to the Goods passes to You at the moment You take them over. In the event that You do not take over the Goods, except in the cases under Article VI.4 of these Terms, the risk of damage to the Goods passes to You at the moment when You had the opportunity to take them over, but did not do so for reasons on Your side. The transfer of the risk of damage to the Goods means that from that moment You bear all consequences associated with the loss, destruction, damage, or any deterioration of the Goods.

8. In the event that the Goods were not stated as in stock in the E-shop and only an indicative availability period was provided, We will always inform You in the event of:

a) an extraordinary outage in the production of the Goods, while We will always inform You of the new expected availability time or that it will not be possible to deliver the Goods;

b) a delay in the delivery of the Goods by Our supplier, while We will always inform You of the new expected delivery time.

9. If We are unable to deliver the Goods to You even within 30 days after the expiry of the delivery period stated in the Order confirmation, for any reason whatsoever, both We and You are entitled to withdraw from the Agreement.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time the risk of damage to the Goods passes under Article VI.7 of these Terms, the Goods are free from defects, in particular that:

a) they have the properties agreed between Us and You, and if not expressly agreed, then such properties as We stated in the description of the Goods, or such properties as may be expected with regard to the nature of the Goods;

b) they are fit for the purposes stated by Us or for the purposes usual for goods of that type;

c) they correspond in quality or design to the agreed sample, if the quality or design was determined according to a sample;

d) they are in the appropriate quantity and weight;

e) they comply with the requirements imposed on them by legal regulations;

f) they are not encumbered by third-party rights.

2. The rights and obligations concerning rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. If the Goods have a defect, in particular if any of the conditions under Article VII.1 are not met, You may notify Us of such defect and exercise Your rights arising from defective performance (i.e. make a complaint regarding the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details. For complaints, You may also use the model form provided by Us, which forms Annex No. 1 to these Terms. When exercising a right arising from defective performance, it is necessary to choose how You wish the defect to be resolved, and You may not subsequently change this choice without Our consent, except in the cases under Article 7.4. We will handle the complaint in accordance with the right arising from defective performance exercised by You. If You do not choose the method of resolving the defect, You have the rights stated in Article 7.5 even in situations where the defective performance constituted a material breach of the Agreement.

4. If the defective performance constitutes a material breach of the Agreement, You have the following rights:

a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of a missing part of the Goods;

b) to have the defect remedied by repair of the Goods;

c) to a reasonable discount from the Price;

d) to withdraw from the Agreement.

If You choose the solution under points a) or b) and We do not remedy the defect in this way within a reasonable time period specified by Us, or We inform You that We will not remedy the defect in this way at all, You have the rights under points c) and d), even if You did not originally request them in the complaint. At the same time, if You choose to remedy the defect by repair of the Goods and We determine that the defect is irreparable, We will notify You thereof and You may choose another method of remedying the defect.

5. If the defective performance constitutes a non-material breach of the Agreement, You have the following rights:

a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of a missing part of the Goods;

b) to have the defect remedied by repair of the Goods;

c) to a reasonable discount from the Price.

However, if We do not remedy the defect in time or refuse to remedy the defect, You acquire the right to withdraw from the Agreement. You may also withdraw if You cannot properly use the Goods due to repeated occurrence of defects after repair of the Goods or due to a larger number of defects in the Goods.

6. In the event of both material and non-material breach, You may not withdraw from the Agreement or request delivery of a new item if You are unable to return the Goods in the condition in which You received them. However, this does not apply in the following cases:

a) if the condition of the Goods has changed as a result of an inspection for the purpose of discovering the defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in an unchanged condition was not caused by Your act or omission;

d) if, before the defect was discovered, You sold, consumed, or altered the Goods in normal use; however, if this occurred only partially, You are obliged to return the part of the Goods that can be returned, and in such a case the part of the Price corresponding to the benefit You obtained from the use of part of the Goods will not be refunded to You.

7. Within 3 days of receiving the complaint, We will confirm to Your e-mail address that We have received the complaint, when We received it, and the expected duration of the complaint handling process. We will handle the complaint without undue delay, but no later than within 30 days of its receipt. This period may be extended by mutual agreement. If the period expires in vain, You may withdraw from the Agreement.

8. We will inform You of the handling of the complaint by e-mail. If the complaint is justified, You are entitled to reimbursement of reasonably incurred costs. You are obliged to prove such costs, for example by receipts or confirmations of delivery price. If the defect was remedied by delivery of new Goods, You are obliged to return the original Goods to Us, but We bear the costs of such return.

9. If You are an entrepreneur, You are obliged to notify and point out the defect without undue delay after You could have discovered it, but no later than within three days of taking over the Goods.

10. If You are a consumer, You have the right to exercise rights arising from defective performance in respect of a defect that occurs in consumer Goods within 24 months from taking over the Goods.

11. The provisions regarding rights arising from defects do not apply in the case of:

a) Goods sold at a lower Price, for a defect for which the lower Price was agreed;

b) wear and tear of the Goods caused by their normal use;

c) used Goods, for a defect corresponding to the degree of use or wear and tear that the Goods had when You took them over;

d) where this follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Agreement, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the manner stated in this Article or in other provisions of these Terms in which the possibility of withdrawal is expressly stated.

2. If You are a consumer, i.e. a person purchasing Goods outside the scope of Your business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without stating any reason within 14 days from the date of delivery of the Goods. If We have concluded an Agreement whose subject is several types of Goods or delivery of several parts of Goods, this period begins to run only on the date of delivery of the last part of the Goods, and if We have concluded an Agreement under which We will deliver Goods to You regularly and repeatedly, it begins to run on the date of delivery of the first supply. You may withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). For withdrawal, You may also use the model form provided by Us, which forms Annex No. 2 to these Terms.

3. Even as a consumer, however, You may not withdraw from the Agreement in cases where the subject of the Agreement is:

a) Goods whose Price depends on fluctuations of the financial market independent of Our will and which may occur during the withdrawal period;

b) delivery of alcoholic beverages that may be delivered only after thirty days and whose Price depends on fluctuations of the financial market independent of Our will;

c) Goods modified according to Your wishes or for Your person;

d) Goods subject to rapid deterioration, as well as Goods that have been irreversibly mixed with other goods after delivery;

e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygienic reasons;

f) delivery of an audio or visual recording or computer program if the original packaging has been broken;

g) delivery of newspapers, periodicals, or magazines;

h) delivery of digital content, unless delivered on a tangible medium, where it was supplied with Your prior express consent before the expiry of the withdrawal period and We informed You that You do not have the right to withdraw from the Agreement.

4. The withdrawal period under Article VIII.2 of these Terms shall be deemed observed if You send Us a notice of withdrawal during that period.

5. In the event of withdrawal from the Agreement, the Price will be refunded to You within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Agreement. However, the amount will not be refunded before You return the Goods to Us or prove that the Goods have been sent back to Us. Please return the Goods to Us clean and, if possible, including the original packaging.

6. In the event of withdrawal from the Agreement under Article VIII.2 of these Terms, You are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. You are, on the other hand, entitled to reimbursement of the Delivery Price, but only in an amount corresponding to the cheapest offered method of delivery of the Goods that We offered for delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Agreement, We also bear the costs associated with returning the Goods to Us, but again only up to the amount of the Delivery Price corresponding to the cheapest offered method of delivery of the Goods that We offered when delivering the Goods.

7. You are liable to Us for damage in cases where the Goods are damaged as a result of Your handling of them in a manner other than that necessary with regard to their nature and characteristics. In such a case, We will charge You for the damage caused after the Goods have been returned to Us, and the due date of the charged amount is 14 days. If We have not yet refunded the Price to You, We are entitled to set off the claim for costs against Your claim for refund of the Price.

8. We are entitled to withdraw from the Agreement at any time before We deliver the Goods to You if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period referred to in Article VI.9 of these Terms. We may also withdraw from the Agreement if it is clear that You intentionally provided incorrect information in the Order. If You purchase the Goods within the scope of Your business activity, i.e. as an entrepreneur, We are entitled to withdraw from the Agreement at any time, even without stating any reason.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

2. We handle consumer complaints via the e-mail address info@watchesgasstation.com. Information on the handling of the complaint will be sent to the buyer’s e-mail address.

3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer who is a consumer under a purchase agreement concluded by electronic means.

4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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 consumer ODR).

X. FINAL PROVISIONS

1. If Our legal relationship with You contains an international element (for example, if We send the Goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if You are a consumer, Your rights arising from legal regulations are not affected by this arrangement.

2. All written correspondence with You will be delivered electronically by e-mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to Your e-mail address stated in the Agreement, in the User Account, or from which You contacted Us.

3. The Agreement may be amended only on the basis of Our written agreement. However, We are entitled to amend and supplement these Terms, but such amendment does not affect Agreements already concluded; it only applies to Agreements concluded after the effective date of the amendment. We will inform You of the change only if You have created a User Account (so that You have this information in the event that You order new Goods; however, the change does not create a right of termination, since We have not concluded an Agreement that could be terminated), or if We are to deliver Goods to You regularly and repeatedly under the Agreement. We will send information about the change to Your e-mail address at least 14 days before the change becomes effective. If We do not receive from You, within 14 days from the sending of the information about the change, notice of termination of the concluded Agreement for regular and repeated deliveries of Goods, the new terms become part of Our Agreement and will apply to the next delivery of Goods following the effective date of the change. The notice period, if You give notice, is 2 months.

4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), We are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts longer than 10 days, both We and You have the right to withdraw from the Agreement.

5. Annexes to these Terms include a model complaint form and a model withdrawal form.

6. The Agreement, including these Terms, is archived by Us in electronic form, but is not accessible to You. However, You will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore always have access to the Agreement even without Our assistance. We recommend that You always save the Order confirmation and these Terms.

7. These Terms become effective on 01.01.2024.

If the buyer is a consumer, he/she has the right, in the event that he/she ordered goods through the e-shop of the company www.watchesgasstation.com (the “Company”) or by another means of distance communication, except for the cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase agreement within 14 days from the date of receipt of the goods, without stating any reason and without any penalty. The buyer shall notify the Company of such withdrawal in writing at the address of the Company’s premises or electronically to the e-mail stated in the model form.

If a buyer who is a consumer withdraws from the purchase agreement, he/she shall send or hand over to the Company, without undue delay, no later than within 14 days from the withdrawal from the purchase agreement, the goods that he/she received from it.

If a buyer who is a consumer withdraws from the purchase agreement, the Company shall return to him/her, without undue delay, no later than within 14 days from the withdrawal from the purchase agreement, all funds (the purchase price of the delivered goods), including delivery costs, which it received from him/her on the basis of the purchase agreement, in the same manner. If the buyer chose a method of delivery of the goods other than the cheapest one offered by the Company, the Company shall return to the buyer the delivery costs only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to it or proves that he/she has sent the goods to the Company.

Date: 01.01.2024

Signature: Štěpán Růžička