Geschäftsbedingungen

General Terms and Conditions of the Aurashop.cz E-shop

I.
Basic provisions
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

Egida Plus s.r.o.
ID: 25726200
VAT: CZ25726200
Registered office: Křížová 3112, 15000 Prague 5
Registered with the Municipal Court in Prague, Section C, Insert 64659
Contact details:
Email: info@aurashop.cz
Website: www.aurashop.cz
(hereinafter referred to as the "seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and natural persons who conclude a purchase contract outside their business activities as consumers, or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at www.aurashop.cz (hereinafter referred to as the "online store").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of these terms and conditions and are regulated in writing via email.
II.
Information on goods and prices
1. Information about products, including price and its main characteristics, are provided for each item in the catalog of the online store. The prices of goods are stated inclusive of value-added tax (or exclusive of it). The prices of goods remain valid for the period they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
2. All product presentations in the catalog of the online store are for informational purposes, and the seller is not obligated to conclude a purchase contract if, for example, the goods are not available.
3. Information about the costs associated with the delivery of goods is published in the online store.
4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.

III.
Order and Conclusion of Purchase Agreement

1. Costs incurred by the buyer when using distance communication means in connection with the conclusion of a purchase agreement shall be borne by the buyer.

2. The buyer places an order by completing the order form (e-shop), or in writing via email. We do not accept orders by phone for technical reasons. When placing an order, the buyer selects the type of goods, quantity, payment method, and delivery method.

3. Before submitting the order, the buyer is allowed to change the data entered into the order, including the goods. The buyer sends the order to the seller by clicking the "SEND ORDER" button. The data provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that they have read these terms and conditions.

4. Immediately upon receipt of the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order. Notification of the acceptance of the order is sent to the buyer's email address. This confirmation is automatic; unless the seller informs the buyer otherwise before sending the order, this serves as the conclusion of the purchase agreement.

5. If any of the requirements stated in the order cannot be fulfilled by the seller, the seller sends the buyer a modified offer to their email address. The modified offer is considered a new proposal of the purchase agreement, and the purchase agreement is concluded by the buyer's acceptance of this offer sent to the seller's email address ending with aurashop.cz.

6. All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notification of order dispatch from the seller. The buyer can cancel the order by phone or email to the seller with the aurashop.cz email extension.

7. In case of an obvious technical error on the seller's side regarding the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if an automatic confirmation of the order receipt has been sent to the buyer according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new proposal of the purchase agreement, and the purchase agreement is concluded by the buyer's acceptance sent to the seller's email address.

IV.
Payment Terms and Delivery of Goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement by the following methods:
• Bank transfer to the seller's bank account:
 - Payments in CZK to account 2300432664 / 2010
 - Payments in EUR to account: IBAN: CZ9820100000002501786047 BIC/SWIFT: FIOBCZPPXXX
• Non-cash payment by card via the Comgate payment gateway,
• Non-cash transfer to the seller's account via the Comgate payment gateway,
• Cash on delivery or by card upon delivery of the goods,
• Non-cash payment via "Deferred Payment" provided by Comgate gateway
• Card payment upon personal pickup at the Prague 5 branch
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 2 days of the conclusion of the purchase agreement.
4. In the case of payment via the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled upon the crediting of the respective amount to the seller's bank account.
6. The seller does not require any advance payment or similar payment for orders up to CZK 7,000 from the buyer. Payment of the purchase price before the dispatch of the goods is not a deposit.
7. The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• via a parcel collection point at the address of the collection point specified by the buyer,
• by personal pickup at the seller's premises
8. The choice of delivery method is made in the e-shop after the goods have been ordered.
9. The costs of delivering the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation sent by the seller. If the method of delivery is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of delivery. This will be communicated to them by email as soon as possible.
10. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase agreement, the buyer is obliged to take over the goods upon delivery. If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the delivery in a different way.
11. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in the event of any defects, to immediately notify the carrier or request a damage report. In the case of serious damage to the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier.
12. The seller issues a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address on the day the payment is credited to the seller's account. In the case of cash on delivery, the date of delivery of the cash on delivery from the carrier is considered as the day of delivery. Usually within 14 days of handing over the shipment to the buyer.
13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but not before taking over the goods. However, the responsibility for accidental destruction, damage, or loss of the goods passes to the buyer upon the acceptance of the goods or upon the time when the buyer was obliged to take over the goods according to the purchase agreement but failed to do so in contradiction with the purchase agreement.

V.

Cancellation of the Contract

1. The Buyer, who has entered into a purchase contract outside of their business activities as a consumer, has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days
• from the date of receiving the goods,
• from the date of receiving the last delivery of goods, if the contract concerns several types of goods or delivery of several parts.

The Customer (consumer) has the right, in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, to withdraw from the purchase contract and return the goods without stating a reason, within a period of 14 days from the receipt of the goods. Please note that the purpose of returning goods or testing them within the legal 14-day period is only "to allow the consumer to inspect or test the goods in the same way as he would in a physical store" (see dTest and ČOI opinions). Any use, testing, or examination of the goods beyond the necessary scope is not allowed, and the Seller reserves the right not to acknowledge the withdrawal from the contract in such a case and not to accept the return of the goods.

In particular, goods such as horse saddles, horse blankets, horse transport boots, etc., can be tested with maximum caution and only for a necessary period. Any signs of use, dirt, or damage are clear reasons for the impossibility of returning the goods.

3. The Buyer cannot, among other things, withdraw from the purchase contract:
• for the provision of services if they have been fulfilled with his explicit consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
• for the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the will of the seller and which may occur during the withdrawal period from the contract,
• for the supply of goods that have been tailored to the buyer's wishes or for his person, i.e., specific size orders, custom saddle tree, etc.
• for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
• for the supply of goods in a sealed package that the buyer has removed from the packaging and for hygienic reasons cannot be returned (e.g., underwear, bits, feed, feed supplements),
• in other cases specified in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period from the contract.

5. In the event of withdrawal from the contract, the purchase contract is canceled from the beginning - it does not apply to exchange. The goods must be returned to the seller at the buyer's expense from the date of delivery of the goods. Similarly, the shipping to the customer will not be refunded. The goods must be returned undamaged, unused, complete, including accessories and all provided documents and any gifts received with the product, and in the original undamaged packaging (especially boxes and packaging with product labeling), please also leave all labels. If there is damage in the form of tape or similar on the original box, we will charge 10%!

6. For withdrawal from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.

7. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of receiving the goods. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.

8. If the buyer withdraws from the contract, the seller will refund without undue delay, but no later than 14 days from the withdrawal from the contract, all the money received from him in the same way. The seller will refund the money received from the buyer in a different way only if the buyer agrees to it and if it does not incur additional costs for him.

9. If the buyer chooses a different delivery method than the cheapest one offered by the seller, the seller will refund the buyer the amount for the goods after deducting the delivery costs in such a way.

10. If the buyer withdraws from the contract, the seller is not obliged to refund the received money to the buyer before the buyer hands over the goods to him or proves that the goods have been sent to the seller.

11. The buyer must return the goods to the seller undamaged, unused, not worn, and unsoiled, and in the original packaging, including all attached product labels, the so-called "suckers." The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price. If the returned goods are soiled, the seller will deduct the cost of restoring it to its original condition from the price of the goods. If even after cleaning it is not possible to sell the goods as new for the original price, the seller will deduct from the price of the goods the reasonable costs for the decreased value of the returned goods.

12. The seller is entitled to withdraw from the purchase contract due to the exhaustion of stocks, unavailability of goods, or when the manufacturer, importer, or supplier of goods has interrupted production or import of goods. The seller will immediately inform the buyer via the email address provided in the order and will return within 14 days from the notification of withdrawal from the purchase contract all the money received from him based on the contract.

13. In the case of exchanging goods for another, the 14-day period is counted from the first shipment. Once exchanged, the goods cannot be returned.

14. If a gift is provided together with the goods to the buyer, a gift contract between the seller and the buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness, and the buyer is obliged to return the provided gift to the seller together with the goods. The same applies to free shipping, which is considered a gift. If, after deducting the price of the returned goods from the total amount of the order, the amount is less than free shipping price limit, the buyer will be charged for shipping according to the price list for shipping he chose, and the refunded amount for the goods will be reduced by this price; otherwise, these values would be considered unjust enrichment of the consumer. If the release of the unjust enrichment object is not possible, Aurashop has the right to a monetary compensation at the usual price.

15. If you are not a consumer, i.e., you purchase goods within your business or commercial activity (which is also determined by the name of the company, or ID number on the purchase document), you do not have the right to withdraw, as the Commercial Code does not provide for this possibility. Complaints about damaged goods have an extended deadline, namely 2 years.

15. The return, exchange, and complaint address for goods is: Aurashop.cz - Egida Plus s.r.o., Křížová 3112, 15000 Praha 5, Czech Republic.


VI. Rights from Defective Performance

1. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer took over the goods:
• the goods have the characteristics that the parties agreed upon, and if there is no agreement, it has such characteristics that the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and based on the advertising they conducted,
• the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
• the goods are in the appropriate quantity, measure, or weight,
• the goods comply with the requirements of legal regulations.

2. If a defect occurs within six months from the date of the goods being taken over by the Buyer, it is presumed that the goods were defective already at the time of taking over. The Buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months from the receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or if it arises from the nature of the goods.

3. In case of a defect, the Buyer may submit a complaint to the Seller. The results of the complaint depend entirely on the manufacturer and its settlement. Therefore, the Seller may settle the complaint as follows: exchange for new goods, repair of the goods, reasonable discount from the purchase price, withdrawal from the contract with a credit refund for further purchase, or refund of money.

4. The Buyer has the right to withdraw from the contract:
• if the goods have a substantial defect,
• if the thing cannot be properly used due to repeated occurrence of defects or defects after repair,
• in the case of a greater number of defects in the goods.

5. The Seller is obliged to accept the complaint at its premises either personally or by post (or by another method of transport). The Seller is obliged to issue a written confirmation to the Buyer of when the Buyer asserted the right and what is the content of the complaint, or a written justification for rejecting the complaint.

6. The Seller or its authorized employee shall decide on the complaint within 7 business days. This period shall not include a period reasonably necessary according to the nature of the product or service for a professional assessment of the defect. The complaint, including the rectification of the defect, must be settled without undue delay, no later than within 30 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period. Failure to meet this deadline shall be deemed a material breach of the contract, and the Buyer shall have the right to withdraw from the purchase contract. The moment of asserting the complaint shall be deemed to be the moment when the Buyer expresses his will (assertion of the right from defective performance) to the Seller.

7. The Seller informs the Buyer in writing of the outcome of the complaint.

8. The Buyer is not entitled to the right from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.

9. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs associated with asserting the complaint. The Buyer may assert this right against the Seller within one month after the expiration of the warranty period.

10. The Buyer chooses the method of complaint.

11. The rights and obligations of the parties regarding the rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

12. The return, exchange, and complaint address for goods is: Aurashop.cz - Egida Plus s.r.o, Křížová 3112/2478, 15000 Praha 5, Czech Republic.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via email.

2. The Buyer delivers correspondence to the Seller to the email address specified in these terms and conditions. The Seller delivers correspondence to the Buyer to the email address specified in his customer account or in the order.

3. The return, exchange, and complaint address for goods is: Aurashop.cz - Egida Plus s.r.o, Křížová 3112/2478, 15000 Praha 5, Czech Republic.


IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the sales contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the sales contract.

2. 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 according to 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 online dispute resolution for consumer disputes).

X. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship based on the purchase contract has an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code in relation to the Buyer.

3. All rights to the Seller's website, in particular copyright to the content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the Seller's consent.

4. The Seller is not responsible for errors resulting from the intervention of third parties into the online store or its use contrary to its purpose. The Buyer may not use procedures that could have a negative impact on its operation when using the online store and may not perform any activities that could allow unauthorized interference or unauthorized use of the software or other components constituting the online store to himself or third parties, and may not use the online store or its parts or software in a manner contrary to its purpose or intention.

5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

7. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.

8. An appendix to the terms and conditions is a model withdrawal form.

These terms and conditions become effective on: January 2, 2023.


In Prague on January 2, 2023. Signed by executive engineer Zdeněk Kurka.

Aurashop.cz is in no way responsible for delays or other complications in the delivery of dispatched goods caused by issues on the carrier's side, i.e., courier service. In terms of delivery deadlines, the date of dispatch of the goods to the carrier is considered the fulfillment of the delivery deadline in relation to Aurashop.cz.

Do not send goods cash on delivery - they will not be accepted!

RETURN/EXCHANGE FORM. Please insert the form inside the package with the returned goods.

Damage to goods during transport:

Our company always dispatches parcels to the carrier undamaged and packed according to the carrier's standards and requirements. The carrier is always responsible for the transport of goods in full. If you notice damage to the parcel when it is handed over by the carrier, do not accept the parcel and immediately notify the carrier of this fact. They will draw up a protocol on the damage to the parcel with you, and a new, undamaged parcel will be sent to you as soon as possible. The transportation cost for the reshipped goods due to parcel damage is not charged.

If the parcel does not have obvious damage to the packaging on the outside but its contents are damaged upon unpacking, you must immediately inform the carrier of the damage to the contents and also draw up a complaint protocol with them. The complaint period for commercial parcels is 2 working days.

Protection of personal data:

The requested personal data of customers are confidential and handled in accordance with the Personal Data Protection Act. By using the online store www.aurashop.cz, the customer agrees to the collection of data about their visits and orders by the operator. The operator declares that they guarantee the maximum protection of personal data and information.

Contractual penalty

The parties have agreed that in the event that the seller dispatches goods ordered by the buyer and the buyer does not accept this goods from the carrier according to the conditions specified in the delivery method and does not cancel the order from the seller in any way (in writing, by phone, in person) before the goods are dispatched, the seller is entitled to demand payment of a contractual penalty (cancellation fee), which amounts to 30% of the total order value. Ordered goods can be canceled up to 24 hours before dispatch. Later cancellations are not possible, and the order is binding. If the color or size of the goods is not specified, we will deliver according to stock availability. Any complaints about color or size will be resolved at the customer's expense!

Processing of personal data

We handle your data with all due care. And we do not pass them on to anyone else, only to the carrier.

Thank you for your understanding.

The AURAshop Team