General Terms and Conditions

Terms valid from 05/2025

1. Introductory Provisions

1.1 The company Keres International cz s.r.o., ID No. 044 55 886, with its registered office at Nad Přehradou 444/25, Litice, 321 00 Plzeň, registered with the Regional Court in Plzeň under file no. C 31672 (hereinafter referred to as the “Seller”) operates an online store – web interface www.vapequipment.cz, email: [*], phone [*] (hereinafter referred to as the “Store”). 

1.2 These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) regulate, in accordance with § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the rights and obligations between the Seller and the buyer when purchasing in the Store, in connection with or based on a purchase contract concluded between the Seller and the buyer (hereinafter referred to as the “Purchase Contract”). 

1.3 The Terms and Conditions and the Purchase Contract are prepared in the Czech language. 

1.4 The buyer is understood to be a natural person in the position of a consumer or a self-employed natural person or legal entity interested in the Services (hereinafter referred to as the “Buyer”). The consumer protection regulation, especially Article 5 below of these Terms and Conditions, does not apply to the Buyer – entrepreneur. 

2. Order Creation and Conclusion of Purchase Contract

2.1 An order is concluded at the moment when the Buyer places the selected goods into the so-called shopping cart in the Store (hereinafter referred to as the “Order”) and sends the Order by clicking on the button “Submit Order”. By sending the Order, the Buyer confirms that they have acquainted themselves with these Terms and Conditions, which include the Privacy Policy, Account Management and Usage Terms, and that they expressly agree with them, in the version valid and effective at the time of sending the Order. 

2.2 The Buyer is obliged to provide truthful and complete information when creating the Order and to check this information before confirming the Order. 

2.3 Before sending (binding confirmation) the Order, the Buyer can change the information stated in the Order, including the type and quantity of Goods, as well as the method of delivery and payment. 

2.4 The Buyer is entitled to cancel an Order that has not yet been confirmed by the Seller according to Article 2.5 below of these Terms and Conditions, either by phone or by electronic mail. 

2.5 The Seller will promptly send the Buyer a confirmation of receipt of the Order by electronic mail to the email address provided in the Account (as defined in the Account Management and Usage Terms) or in the Order. Unless expressly stated otherwise by the Seller, confirmation of receipt of the Order is not confirmation of Order creation according to Article 2.6 below (it does not constitute the conclusion of the Purchase Contract). 

2.6 The Seller reserves the right to request additional confirmation of the Order from the Buyer (especially via email or phone). If the Order is not additionally confirmed (verified) by the Buyer within five working days upon the Seller’s request, the Order is considered invalid. The Seller further reserves the right to reject or return the Order to the Buyer for completion. 

2.7 The Purchase Contract is concluded by the delivery of confirmation of Order creation to the Buyer’s email address by the Seller. The confirmation email from the Seller includes the current version of the Terms and Conditions. For the avoidance of doubt, it is stated that the confirmation of Order creation may be part of the confirmation of receipt of the Order or may be made separately. 

2.8 The Seller reserves the right not to conclude the Purchase Contract, especially with persons who have previously violated the Purchase Contract or these Terms and Conditions. 

2.9 For the avoidance of doubt, it is stated that in the event of a Store outage or other circumstances beyond the Seller’s control causing incorrect data transmission, the Seller bears no responsibility. 

2.10 The concluded Purchase Contract is archived by the Seller for a maximum of five years from its conclusion for the purpose of fulfillment. The Seller undertakes not to disclose the Purchase Contract to any third party. 

2.11 The Seller reserves the right to declare the Purchase Contract invalid if there is (i) misuse of personal data, (ii) ID/VAT number, (iii) misuse of payment card information, (iv) intervention by a public authority. The Buyer will be informed by the Seller without undue delay about the declaration of the Purchase Contract as invalid. The Buyer acknowledges that in the aforementioned cases according to this Article 2.6, the Purchase Contract cannot validly arise and simultaneously acknowledges that the Seller is entitled to demand the return of unjust enrichment. 

3. Purchase Contract

3.1 Based on the Purchase Contract, the Seller undertakes to deliver Goods suitable for use and in compliance with applicable legal regulations, including all accessories, and to transfer ownership rights to the Buyer, who undertakes to accept the Goods and pay the purchase price to the Seller. 

3.2 The Seller reserves ownership rights to the Goods; the Buyer acquires ownership rights to the Goods at the moment of full payment of the purchase price. 

3.3 The Seller delivers the Goods to the Buyer, who is an entrepreneur, by handing them over to the first carrier for transport to the Buyer; the Seller enables the Buyer to exercise rights from the transport contract against the carrier. To the Buyer, who is a consumer, the Seller delivers the Goods at the moment when the carrier hands them over. 

3.4 In the event of the Buyer’s delay in accepting the Goods, the Seller is entitled to sell the Goods to any third party after prior written notice to the Buyer at the Seller’s expense. This article of the Terms and Conditions also applies in the event of the Buyer’s delay in paying the purchase price. 

3.5 If the method of packaging the Goods is not agreed upon, the Seller will package the goods according to customs.

3.6 If a gift is provided to the Buyer along with the Goods, the gift contract between the Buyer and the Seller is concluded with a resolutory condition. In the event of withdrawal from the Purchase Contract, the gift contract under the previous sentence of this Article 3.6 becomes ineffective, and the Buyer is obliged to return the provided gift along with the Goods under the conditions set by these Terms and Conditions. 

4. Transfer of Risk of Damage

4.1 The risk of damage passes to the Buyer at the moment of delivery (acceptance) of the Goods. 

4.2 The Goods are delivered to the Buyer at the moment when the carrier hands them over to the Buyer – consumer or a person designated by them. If the carrier is designated by the Buyer without being offered by the Seller, the Goods are delivered to the Buyer at the moment when the Seller hands them over to such a carrier; the Buyer’s rights against the carrier are not affected. 

4.3 The Buyer is obliged to inspect the Goods immediately after the risk of damage to the items has passed and to verify the properties and quantity of the Goods. 

5. Withdrawal from the Purchase Contract by the Buyer – Consumer

5.1 In the case of concluding a Purchase Contract remotely, the Buyer, who is a consumer, has the right to withdraw from the Purchase Contract without giving any reason within 14 days. The withdrawal period begins on the day following the day the Purchase Contract was concluded. If the Buyer withdraws in accordance with the conditions set by this Article 5.1, the Seller will return the purchase price to them without undue delay, no later than 14 days from the date of receipt of the withdrawal from the Contract. 

5.2 Withdrawal from the Purchase Contract must be made by the Buyer (i) in writing (electronically) and delivered to the Seller at the Seller’s registered office address or electronically to the address [*] or (ii) by filling out and sending a sample withdrawal form available at [*]. The Seller will confirm receipt of the form according to the previous sentence of this Article 5.2 without undue delay in text form. 

5.3 For the avoidance of doubt, it is stated that after the expiration of the 14-day period, the Buyer’s right to withdraw from the Purchase Contract expires. 

5.4 In the event of withdrawal from the Purchase Contract, the Buyer – consumer will send the Goods to the Seller without undue delay, but no later than fourteen days from the date of withdrawal from the Purchase Contract. For the avoidance of doubt, it is stated that the costs associated with returning the Goods are borne by the Buyer. The Buyer is obliged to return the Goods complete (including delivered accessories), undamaged, clean, in the condition and value in which the Goods were received. If possible, the Buyer is obliged to return the Goods together with its original packaging. 

5.5 If the Buyer – consumer withdraws from the Purchase Contract, the Seller will return the purchase price to them without undue delay, but no later than fourteen working days from the withdrawal from the Purchase Contract, in the same manner as the payment method. The Seller reserves the right to offset the claim for the reduction in the value of the Goods against the Buyer’s – consumer’s claim for the return of the purchase price. For the avoidance of doubt, it is stated that the Seller is not obliged to return the purchase price to the Buyer – consumer before the Goods are returned or proof is provided that the Goods have been sent to the Seller.

6. Withdrawal from the Contract by the Buyer – Entrepreneur and in Other Cases

6.1 The Buyer – entrepreneur may be allowed by the Seller to withdraw from the Purchase Contract within 14 days. The provisions of Article 5.4 above apply accordingly. 

6.2 In the case of Goods valued higher than [*], it is not possible for the Buyer to withdraw from the Purchase Contract. 

7. Price of Goods

7.1 All prices of Goods are contractual. 

7.2 The prices of Goods listed in the Store are always current and final, except for charges for shipping, cash on delivery, and costs for communication means at a distance, which are listed within the so-called shopping cart. 

7.3 The Buyer acknowledges that the final prices of Goods are rounded to whole crowns in accordance with applicable legal regulations. 

8. Payment Terms

8.1 The Seller accepts the following payment methods: (i) cash on delivery when sending Goods, (ii) bank transfer to the Seller’s account no. [*] held at [*] (iii) Shoptet Pay payment gateway. 

8.2 The Goods remain the property of the Seller until the full purchase price is paid.

8.3 The Buyer’s billing information cannot be changed after the Order is sent. 

9. Delivery Conditions

9.1 The Seller provides delivery of Goods through the following delivery methods: (i), [*] (ii), [*] (iii) [*]. Current conditions and prices for individual delivery methods are available on the Store’s website in the “Shipping and Payment” section. 

9.2 For the avoidance of doubt, it is stated that the Seller bears no responsibility for delayed delivery of Goods. 

9.3 In the event of incomplete or damaged delivery, the Buyer is obliged to write a damage report with the carrier and send it without undue delay and simultaneously notify the Seller by email at [*]. A subsequent complaint does not deprive the Buyer of the right to claim the Goods, but it entitles the Seller to prove that there was no breach of the Purchase Contract. 

9.4 In the event of the need for repeated delivery of Goods due to reasons on the part of the Buyer, the Buyer is obliged to pay additional costs associated with repeated delivery to the Seller. 

10. Rights from Defective Performance and Complaint Procedure

10.1 The Seller is responsible to the Buyer that the Goods are free of defects upon receipt. The Seller is particularly responsible to the Buyer that the Goods:

10.1.1 correspond to the agreed description, type and quantity, as well as quality, functionality, and other agreed properties;

10.1.2 are suitable for the purpose for which the Buyer requires them and which the Seller has agreed to;

10.1.3 are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

10.2 The Seller is responsible to the Buyer that in addition to the agreed properties:

10.2.1 the Goods are suitable for the purpose for which goods of this kind are usually used, also considering third-party rights, legal regulations, technical standards, or industry codes of conduct, if there are no technical standards;

10.2.2 the Goods in quantity, quality, and other properties, including durability, functionality, and safety, correspond to the usual properties of things of the same kind that the Buyer can reasonably expect, also considering public statements made by the Seller or another person in the same contractual chain, especially in advertising or labeling,

10.2.3 the Goods are delivered with accessories, including packaging, assembly instructions, and other instructions for use that the Buyer can reasonably expect; and

10.2.4 the item corresponds in quality or design to the sample or model provided by the Seller to the Buyer before concluding the Purchase Agreement.

10.3 The provisions of Article 10.3 above do not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that a certain property of the Goods differs and the Buyer expressly agreed to this when concluding the Purchase Agreement.

10.4 The Buyer can claim a defect that appears on the Goods within two years from the receipt of the Goods. The Buyer asserts the rights from defective performance with the Seller [*].

10.5 If a defect in the Goods appears within one year of receipt, it is assumed that the Goods were defective at the time of receipt, unless the nature of the Goods or the defect excludes this. This period does not run during the time the Buyer cannot use the Goods if the defect was rightfully claimed.

10.6 If the Buyer rightfully claimed a defect with the Seller, the period according to the previous sentence does not run during the time the Buyer cannot use the Goods.

10.7 If the Goods have a defect, the Buyer may request its removal. According to their choice, they may request the delivery of new Goods without defects or the repair of the Goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other.

10.8 The Seller is entitled to remove the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value the Goods would have without the defect.

10.9 The Seller will remove the defect within a reasonable time after it is claimed so as not to cause significant inconvenience to the Buyer, considering the nature of the Goods and the purpose for which the Buyer purchased the Goods. To remove the defect, the Seller will take over the Goods at their own expense. If disassembly of the Goods is required, where assembly was done in accordance with the nature and purpose of the Goods before the defect appeared, the Seller will perform the disassembly of the defective Goods and the assembly of the repaired or new item or cover the costs associated with it.

10.10 The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if:

10.10.1 the Seller refused to remove the defect or did not remove it according to Article 10.9 above of these Conditions;

10.10.2 the defect appears repeatedly;

10.10.3 the defect is a substantial breach of the Purchase Agreement; or

10.10.4 it is evident from the Seller’s statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.

10.11 A reasonable discount is determined as the difference between the value of the Goods without defects and the defective item received by the Buyer.

10.12 The Buyer is not entitled to withdraw from the Purchase Agreement if the defect in the Goods is insignificant; it is assumed that the defect is not insignificant.

10.13 If the Buyer withdraws from the Purchase Agreement, the Seller will return the purchase price to the Buyer without undue delay after receiving the Goods or after the Buyer proves that the Goods have been sent.

10.14 The rights from defective performance are further regulated by the Complaint Procedure, which forms an integral part of these Terms and Conditions.

10.15 For the Buyer – entrepreneur, the period for asserting rights from defective performance may be adjusted differently. In such a case, such a period is explicitly stated for the given type of Goods.

10.16 To eliminate all doubts, it is established that the right from defective performance does not belong to the Buyer if (i) the Buyer knew about the existence of the defect before receiving the Goods or (ii) the Buyer caused such a defect by their own actions.

11. Delivery

11.1 Unless otherwise stated, all documents based on or in connection with the Purchase Agreement must be delivered via electronic mail or registered mail through a postal service provider.

11.2 The address for delivery (contact details) of the Seller is:

Name: David Sivý

Address: K dálnici 1641/41

104 00 Prague 22

Email: david.sivy@gmail.com

Phone: (+420) 728 490 685

11.3 The Buyer is delivered to the email address provided in their user account or in the Order.

12. Personal Data Protection

12.1 The Buyer’s personal data will be processed only for the purposes of providing Services in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Act No. 110/2019 Coll., on the processing of personal data.

12.2 The Seller’s privacy policy is available on the website [*].

13. Out-of-Court Settlement of Consumer Disputes

13.1 Pursuant to Section 14 of Act No. 634/1992 Coll. on Consumer Protection, the Seller informs the Buyer – consumer about the possibility of out-of-court dispute resolution that may arise in connection with the exercise of rights and obligations from the Purchase Agreement. The Czech Trade Inspection Authority is competent for out-of-court consumer dispute resolutions in the area of disputes between the Seller and the Buyer. The website of this authorized entity is http://www.coi.cz/.

13.2 During the duration of negotiations on out-of-court settlement of a dispute, the limitation and preclusion periods do not run or start until one of the parties to the dispute explicitly refuses to continue the negotiations.

14. Final Provisions

14.1 These Terms and Conditions form an integral part of the Purchase Agreement between the Seller and the Buyer. A photocopy, electronic version in pdf format, or scan of these Terms and Conditions is considered a copy with the validity of the original, unless proven otherwise.

14.2 The Seller is entitled to change, modify, or supplement these Terms and Conditions at any time, with each modification, supplement, or change being effective upon delivery of the full version of the Terms and Conditions to the Buyer.

14.3 Legal relations between the Seller and the Buyer not specifically governed by these Terms and Conditions or the Purchase Agreement are governed by the generally binding legal regulations of the Czech Republic.

14.4 If the legal relationship established by the Agreement contains an international element, the parties agree that the relationship is governed by Czech law.

14.5 The Seller is entitled to assign or transfer their rights and obligations from the Agreement to a third party at any time. The Buyer is not entitled to assign or transfer rights or obligations from the Agreement without the prior written consent of the Seller.

14.6 The Seller and the Buyer undertake to resolve all disputes related to, arising from, or concerning the Agreement or the Terms and Conditions primarily amicably and by mutual agreement. If an agreement is not possible, the dispute will be resolved by the competent court of the Czech Republic.

14.7 The individual provisions of these Terms and Conditions are enforceable independently of each other, and the invalidity or unenforceability of any of them will not affect the validity or enforceability of the other provisions of the Terms and Conditions, except in cases where, due to the importance of the nature or other circumstances related to such a provision of these

1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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)

Terms and Conditions, it is clear that the given provision of the Terms and Conditions cannot be separated from the other relevant provisions of the Terms and Conditions.

14.8 These Terms and Conditions come into force and effect on