Terms and Conditions

Business Entity: GW Acoustics, s.r.o.

Registered Office: Brno, Antonína Procházky 413/34, Postal Code: 62300, Company ID: 26 31 28 16. This company is registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 43138.

These terms and conditions apply only to natural persons (individuals) who enter into a contract outside the scope of their business activities or outside the scope of their independent professional activities.

1. General Provisions

These terms and conditions apply to purchases made in the online store of GW Acoustics, s.r.o., located at www.widara.com and www.audiokonektory.cz (hereinafter referred to as the "online store"). These terms and conditions define and clarify the rights and obligations of the seller and the buyer, who is acting as a consumer, in the negotiation and conclusion of a purchase contract through the online store. All contractual relationships will be governed in accordance with the legal order of the Czech Republic. If the buyer is a consumer, the relationships are governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

These terms and conditions are an integral part of each individual purchase contract.

The terms and conditions and the purchase contract are concluded in the Czech language. The purchase contract, including these terms and conditions, is archived by the seller in electronic form and is not publicly accessible, not even to the buyer.

Prices for goods are listed on the seller's website www.widara.com and www.audiokonektory.cz for each item. The methods of payment for goods and the costs associated with delivery are listed on the seller's website in the "Shipping Costs" section. The prices of the goods remain valid for the duration they are displayed in the online store's web interface.

Seller's address for correspondence: GW Acoustics, s.r.o., Antonína Procházky 413/34, Postal Code: 62300, Brno, email: widara(at)widara.com, phone: 736 683 398.

Name and surname of the person responsible for the operation of the online store: Mgr. Dagmar Wiecková

2.  Definitions

• • Consumer Contract: Any contract concluded between a consumer and an entrepreneur. For the purposes of these terms and conditions, it primarily refers to a purchase contract.

  • Entrepreneur: A person who independently carries out profitable activities on their own account and responsibility in a trade or similar manner with the intention of doing so consistently for the purpose of earning a profit, as well as any person who concludes contracts related to their own business, production, or similar activities, or in the independent exercise of their profession, or a person acting on behalf of or on the account of an entrepreneur.
  • Seller: For the purposes of these terms and conditions, refers to GW Acoustics, s.r.o., which is an entrepreneur.
  • Customer: The buyer of our online store. Under applicable legal regulations, there is a distinction between a buyer who is a consumer and a buyer who is not a consumer.
  • Consumer: A person who, outside the scope of their business activities or independent exercise of their profession, enters into a contract with an entrepreneur or otherwise deals with an entrepreneur.
  • Buyer who is not a Consumer: Any other person who is not a consumer. This includes, in particular, a person who, when concluding a contract, fulfilling a contract, and negotiating a contract, acts within the scope of their business or other entrepreneurial activities or within the scope of their independent exercise of their profession. These terms and conditions do not apply to such a buyer.

3. Conclusion of the Purchase Contract

All orders placed through the online stores www.widara.com or www.audiokonektory.cz are binding. By placing an order, the buyer confirms that they have read and agree with these terms and conditions, in the version valid and effective at the time of placing the order. The buyer is bound by the terms and conditions from the moment of concluding the purchase contract. The buyer also has the opportunity to become acquainted with these terms and conditions before the binding submission of the order, and will receive a copy of them as an attachment to the order confirmation sent to the email address provided. The buyer is duly notified of these facts in a sufficient manner before submitting the order.

The individual steps leading to the conclusion of the contract are as follows: The buyer selects goods in the online store and places the items they wish to purchase in the shopping cart. After completing the selection, the buyer proceeds to the shopping cart, where they see an overview of the selected goods and the total order price excluding shipping costs. The buyer then selects the method of delivery and payment. In the next step, the buyer fills in their contact details and, if different, the delivery address. The final step is a summary of the order before its submission, where the essential information about the purchase contract is provided, i.e., a list of the purchased goods, the total amount to be paid (i.e., the price of the goods and shipping costs), the buyer's details, and the delivery address, if provided. In the cart steps 1, 2, and 3, the buyer can change or correct any of the previously entered data by returning to the respective step of the order creation process. The buyer also has the option to add a note for the seller and may inform the seller, before submitting their order, that they do not consent to the processing of their personal data for marketing purposes by checking the appropriate box in the final step of the shopping cart. The creation of the order is completed by clicking on the "Order" button. All of the buyer's orders are considered binding upon submission to the seller.

The proposal to conclude a contract is the buyer's submission of the order. The purchase contract is concluded at the moment of the seller's binding acceptance of the buyer's proposal (the seller's binding confirmation of the order). From this moment on, mutual rights and obligations arise between the buyer and the seller. The current version of the seller's terms and conditions is attached to the order confirmation.

The buyer should retain the confirmation email (not delete it) for the duration of the period for asserting rights related to defective performance and any warranty period, as it may serve as evidence in case of disputes regarding the content of the terms and conditions.

4.  Basic Information on Shopping and Product Prices

The online store lists the goods offered by the seller for purchase, including a description of the function, dimensions, and properties of the goods, as well as their material or composition. The prices of goods and services listed in the online store are final, i.e., including VAT, and any other taxes and fees.

Promotional prices are valid while stocks last or for a time period specified. Discounts on promotional goods, promotional offers, and any personal discounts cannot be combined or accumulated.

Before submitting the order to the seller, the buyer has the opportunity to review and modify their details provided in the order. The information provided in the order and submitted to the seller is considered correct by the seller. The seller is entitled to request additional confirmation of the buyer's order and the accuracy of the buyer's details by sending an email to the buyer after concluding the purchase contract. If the seller exercises this right, i.e., the verification of the buyer's details, the ordered goods will be sent to the buyer only after this additional confirmation of the order and the accuracy of the buyer's details.

The buyer can check the status of their order processing on the seller's website by clicking on the link provided in the email confirming the receipt of the buyer's order and the conclusion of the purchase contract.

Before placing an order, the buyer has the opportunity to learn about the validity of the offer or price.

No handling fees or packaging fees are charged to the buyer in the online store; however, the cost of delivering the shipment according to the chosen payment method and delivery method of the ordered goods must be added to the product price, with the legal VAT rate already included in this price.

The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract shall be borne by the buyer. The use of remote communication means for shopping in our store is not subject to special rate charges.

The buyer has the option to pick up the ordered goods based on an agreed arrangement for this delivery method at the address Útěchovská 1, Brno Soběšice and Haasova 48, Brno Žabovřesky.

5. Payment Terms

The buyer is obliged to pay the agreed purchase price to the seller. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods. Unless explicitly stated otherwise, the "purchase price" also includes the costs associated with the delivery of the goods.

The methods of payment for the goods and the costs associated with the delivery of the goods according to the purchase contract are listed on the seller's website www.widara.com and www.audiokonektory.cz in the "Shipping Costs" section.

In the case of cash on delivery payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

A written document (invoice) for the purchased goods, which also serves as a delivery note, will be sent to the customer via email.

If the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the buyer does not take delivery of the goods upon delivery, the seller is entitled to withdraw from the purchase contract.

The buyer acquires ownership of the goods by paying the full purchase price of the goods, including shipping costs. The risk of damage to the goods passes to the buyer at the moment of taking delivery of the goods or when the buyer should have taken delivery of the goods but did not do so in breach of the purchase contract.

6. Withdrawal from the Contract

If the contractual relationship between the seller and the buyer is established using means of remote communication (for the purposes of this agreement, primarily via the internet, email, or telephone communication), the buyer is entitled, under Section 1829 of the Civil Code, to withdraw from the purchase contract without giving any reason within 14 days from the date of receiving the goods or from the date of receiving the last delivery of goods if several types of goods are ordered within one order, or if the delivered goods consist of several parts or items. The seller extends this legal period to 60 days. However, the right to withdraw from the contract does not apply, under Section 1837 of the Civil Code, to contracts:

• • for the provision of services if they have been fully provided with the buyer's prior express consent before the expiration of the withdrawal period, and the seller informed the consumer before concluding the contract that in such a case, they do not have the right to withdraw from the contract,
  • for the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
  • for the supply of alcoholic beverages, which may only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
  • for the supply of goods that have been customized according to the buyer's wishes or for their person,
  • for the supply of goods that are subject to rapid decay, as well as goods that have been irrevocably mixed with other goods after delivery,
  • for repairs or maintenance carried out in a place specified by the consumer at their request; however, this does not apply in the case of subsequent repairs not requested or the delivery of spare parts not requested,
  • for the supply of goods in sealed packaging that the consumer has unsealed and cannot be returned for hygiene reasons,
  • for the supply of sound or video recordings or computer software if the original packaging has been opened,
  • for the supply of newspapers, periodicals, or magazines,
  • for accommodation, transport, catering, or leisure services if the seller provides these services at a specified date,
  • concluded based on a public auction under the law governing public auctions, or
  • for the supply of digital content if it was not delivered on a physical medium and was provided with the prior express consent of the consumer before the expiration of the withdrawal period, and the seller informed the consumer before concluding the contract that in such a case, they do not have the right to withdraw from the contract.

We recommend that the withdrawal from the purchase contract be made in writing. The withdrawal must be demonstrably sent to the seller within 60 days from the day:

• • of receipt of the goods, or
  • of receipt of the last delivery of goods if several types of goods are ordered within one order, or the delivered goods consist of several parts or items.

The withdrawal notification is sent to the seller's address: Antonína Procházky 413/34, 62300 Brno, or to the seller's email address: widara(at)widara.com.

The buyer is obliged to send or deliver the goods they received from the seller without undue delay, but no later than 14 days after withdrawing from the contract, to the seller's address: Antonína Procházky 413/34, 623 00 Brno.

The seller is obliged to return all monetary funds received from the buyer, including delivery costs, within 14 days of the withdrawal from the contract, in the same manner in which they were received. The seller may return the funds received in a different way only if the buyer agrees and if it does not incur additional costs. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will refund the delivery costs corresponding to the cheapest offered delivery method (excluding personal pickup). If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds before the buyer hands over the goods to the seller or proves that the goods have been sent to the seller.

The seller has the right to claim compensation for the reduction in the value of the goods caused by handling the goods in a manner other than necessary to handle them with regard to their nature and properties.

For this reason, in the event of the buyer's withdrawal from the contract, the seller strongly recommends that the returned goods are undamaged, show no signs of wear, have not been consumed, and are in the original packaging.

The customer shall send or otherwise deliver the returned goods to the seller's address. The buyer always bears the costs of returning the goods and the costs associated with returning the goods to the seller in the event of withdrawal from the contract, even if the goods cannot be returned in the usual postal way due to their nature. If the goods are used or partially worn, or partially consumed, the seller will calculate the reduction in the value of the goods, which will then be claimed against the buyer.

If the buyer receives a gift from the seller together with the ordered goods as part of a purchase, and the buyer subsequently withdraws from the purchase contract within the legal period, the buyer is obliged to return the gift to the seller along with the goods. If the buyer fails to do so, they are required to pay the seller the purchase price of the gift.

The seller is entitled to unilaterally set off the claim for damages against the buyer's claim for a refund of the purchase price.

7. Cancellation of the Order

The customer can cancel their order placed via the internet, telephone, or email before it has been dispatched by the seller, in any of the mentioned ways, i.e., via the internet, telephone, or email. The seller will confirm the cancellation of the order to the customer by email to the address provided in the order.

8.  Delivery of the Ordered Goods

The ordered goods are delivered to the customer in the manner chosen by the customer in the order. The delivery time is usually 2-3 days, although this period is not binding on the seller.

For goods marked as "On the way" or "Custom-made," the availability of the goods is confirmed by the seller upon inquiry by the buyer at the email widara(at)widara.com. In this case, the purchase contract is formed based on mutual agreement (via email communication, etc.) between the seller and the buyer.

9. Liability for Defects

The seller is liable to the buyer for ensuring that the sold item is free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took possession of the item:

• • the item has the characteristics agreed upon by the parties, or if no agreement has been made, the characteristics that the seller or manufacturer described, or that the buyer expected given the nature of the goods and based on the advertising carried out by them,
  • the item is suitable for the purpose stated by the seller or for which goods of this type are usually used,
  • the item corresponds in quality or design to the agreed-upon sample or model if the quality or design was determined according to an agreed-upon sample or model,
  • the item is in the appropriate quantity, measure, or weight, and
  • the item complies with the requirements of legal regulations.

At the buyer's request, the seller shall confirm in writing the extent and duration of their obligations in the event of defective performance. The seller's obligations for defective performance are at least to the extent of the obligations for defective performance by the manufacturer. If necessary, the seller shall clearly explain in the confirmation the content, extent, conditions, and duration of their liability, as well as the method by which the buyer can exercise their rights. In the confirmation, the seller shall also state that the buyer's other rights related to the purchase of the item are not affected. Unless the nature of the item prevents it, the confirmation of rights from defective performance can be replaced by a proof of purchase containing the aforementioned information.

If a defect appears within the first six months from the delivery of the item, it is presumed that the item was defective upon receipt.

The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. For items sold at a lower price, the buyer does not have rights from defects for which the lower price was agreed. The buyer does not have rights from defects caused by normal wear and tear. For used items (which is always clearly indicated on the specific product), the seller is not liable for defects corresponding to the level of use or wear that the item had at the time the buyer received it. The buyer also does not have rights from defects if this arises from the nature of the item.

In accordance with Act No. 89/2012 Coll., the Civil Code, the buyer is no longer obligatorily provided with a warranty on goods for 24 months. However, the seller provides a warranty on products for which it is stated, and the duration of this warranty is indicated in the product catalog for each product separately. This period may be further extended by the time the goods were under warranty. For food products, the shelf life or use-by date of the product is indicated. The warranty period starts from the day the item is handed over to the buyer; if the item was sent according to the contract, it starts from the time the item reaches its destination. If the item is to be put into operation by someone other than the seller, the warranty period begins from the day the item is put into operation, provided that the buyer ordered the start-up no later than three weeks after receipt of the item and properly and timely provided the necessary cooperation for the service.

When asserting liability for defects or a warranty, the consumer has the following rights:

• • If the purchased item is defective, the buyer may demand the delivery of a new item without defects unless it is disproportionate due to the nature of the defect; however, if the defect affects only a part of the item, the buyer may demand only the replacement of the defective part. If it is not possible, the buyer may withdraw from the contract. If, however, it is disproportionate due to the nature of the defect, especially if the defect can be remedied without undue delay, the buyer has the right to have the defect remedied free of charge.
  • The buyer has the right to deliver a new item or replace a part even in the case of a removable defect if they cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.
  • If the buyer does not withdraw from the contract or does not exercise the right to receive a new item without defects, replace its part, or repair the item, they may demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part, or repair the item, as well as if the seller fails to remedy the situation within a reasonable time or if the remedy would cause significant inconvenience to the buyer.

10. Withdrawal from the Contract

The buyer can assert their rights arising from the seller's liability for defects, including any potential warranty liability, either in person or via correspondence with the seller at the address of its headquarters: GW Acoustics, s.r.o., Antonína Procházky 413/34, 62300 Brno, through the seller's website, or in writing via email at widara(at)widara.com. When filing a complaint, the buyer must clearly identify the claimed goods, provide the order number, describe the defects, and specify the requested method of resolution. Additionally, the buyer must send the complete claimed goods to the seller's address, and it is recommended to secure the shipment against damage. To expedite the complaint process, it is advised to include a copy of the invoice. The buyer may also utilize the return service for claimed goods via "Zásilkovna" using the code provided to the buyer. If this service is used and the package is sent to the seller with the given code, the shipping cost for this package will be free for the buyer. Further information about this service is available on the seller's websites, www.widara.com and www.audiokonektory.cz, in the section "How to return or claim goods."

The seller or their authorized representative will confirm in writing within three working days of receiving the buyer's complaint the date on which the buyer asserted their rights from defective performance with the seller. This confirmation will be sent to the buyer's email address provided to the seller in the order. In this confirmation, the seller will also inform the buyer of the method of resolution and the estimated duration of any potential repair. The seller or their authorized representative will decide on the complaint within 3-5 days, in complex cases within 14 days. This period does not include the time necessary for expert assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the buyer and seller agree on a longer period.

The seller must send the buyer information about the resolution of the complaint to the buyer's email address provided to the seller in the order. Until then, it is assumed that the complaint has not been resolved. If the complaint is not resolved within the 30-day period, it is considered an irremovable defect, and the buyer is entitled to corresponding claims (replacement with a new product, a discount from the purchase price, or even withdrawal from the purchase contract).

The buyer is entitled to reimbursement of necessary expenses incurred in asserting rights from liability for defects. In the case of a clearly unfounded complaint (if the buyer's behavior is clearly abusive), the buyer is not entitled to reimbursement of their costs associated with asserting rights from liability for defects.

The buyer will send the seller a request for postage reimbursement via email along with a copy of the shipping receipt indicating the cost of sending the package. Based on this request, the seller will reimburse the buyer for the postage.

11. Cookies

For the proper functioning of the seller's website, it is sometimes necessary to place small data files, called cookies, on the buyer's device. Cookies are small text files that websites store on the buyer's computer or mobile device when the buyer starts using them. The website thus remembers preferences and actions the buyer has performed for a certain period, so these details do not need to be entered again. The buyer is informed about the use of cookies when they start using the seller's website. If it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without storing so-called cookies on the buyer's computer, the buyer may withdraw previously given consent or request that the seller stop using cookies for the buyer.

12. Out-of-Court Complaint Resolution

The seller handles out-of-court consumer complaints through the email address: widara(at)widara.com. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.

The supervisory authority overseeing compliance with the buyer's rights by the seller in the case of a purchase contract concluded through the seller's website is the Czech Trade Inspection Authority, which acts as the arbitrator in out-of-court proceedings. If the buyer is dissatisfied with the outcome of the complaint resolution by the seller, they have the option to contact the Czech Trade Inspection Authority at www.coi.cz, which will attempt to resolve the dispute in cooperation with both parties.

The consumer has the right to initiate online dispute resolution through the ODR platform available at ec.europa.eu/consumers/odr/.

13. Changes to Terms and Conditions

In the event of changes to the terms and conditions, the seller will indicate the date of the change with the new conditions and provide the customer with a link to the previous valid terms for cases where the buyer places an order during the transition from the old terms to the new ones.

 

 

These terms and conditions take effect on 01.01.2023.

The buyer is bound by the wording of the terms and conditions valid and effective at the time of the contract conclusion.