The relations between the seller and the buyer are governed by these Terms and Conditions.
Relations not regulated by these Terms and Conditions are governed by applicable legal regulations – in relation to a buyer who is a consumer, Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection. Legal relations with a buyer who is an entrepreneur are governed by Act No. 89/2012 Coll., the Civil Code, whereby the provisions of this Act on consumer contracts do not apply to entrepreneurs.
For the purposes of purchase, a consumer is considered to be a legal or natural person who purchased goods in the seller’s e‑shop for a purpose other than business activity.
If the term “item” is used in these Terms and Conditions, it refers to the goods that are the subject of the purchase contract.
1. Personal Data Protection
When processing personal data, the seller undertakes to comply with Act No. 101/2000 Coll., on Personal Data Protection, as amended. The buyer–consumer agrees to the processing of personal data for the purpose of fulfilling rights and obligations arising from the purchase contract, for maintaining a user account, and for sending commercial communications. These personal data include, in particular, the buyer’s name, surname, delivery address, email address, and telephone number. The buyer agrees to the collection and processing of personal data by the seller and to receiving commercial communications at their email address. Contracts concluded with the buyer and personal data relating to the buyer are archived by the seller in electronic form to the necessary extent and are accessible only to the seller.
2. Price of Goods, Purchase Contract, Shipping
By the purchase contract, the seller undertakes to deliver to the buyer the goods that are the subject of the purchase, enable the buyer to acquire ownership rights to them, and the buyer undertakes to accept the goods and pay the purchase price and the costs of delivery. Ownership rights to the goods pass to the buyer at the moment of full payment of the purchase price.
The risk of damage to the goods passes to the buyer upon their acceptance. The risk of damage also passes to the buyer if the seller has enabled the buyer to take over the goods and the buyer does not take them over for reasons on their side.
The prices at which the seller sells goods are listed on the website including VAT. VAT will not be charged to buyers with valid VAT registration whose registered office and place of delivery are abroad, both within and outside the EU. The buyer must prove fulfillment of this condition to the seller, and the place of registration must match the information published in the VIES system. For purchases in foreign currencies, the price in CZK is converted according to the exchange rate published on the seller’s website on the day the order is received. All fees related to the goods and packaging are included in the price. Delivery costs are not included. The valid price is the one published on the seller’s website on the day the buyer sends the order.
Goods are delivered by GLS/PPL/DPD. Delivery costs depend on the destination country and the weight or size of the parcel. The parcel weight is calculated based on the recorded weight of the goods and the volumetric coefficient. Contractual packaging weight is added. If the shipment exceeds transport limits, it will be divided into multiple parcels. Delivery costs for each parcel are added. Shipping rates are listed on the seller’s website.
The buyer shall pay the purchase price to the seller in one of the following ways:
- by bank transfer in advance to the seller’s account,
- cash on delivery upon receipt from the carrier.
The seller does not allow any other payment methods. Goods are dispatched only after payment is credited to the seller’s account unless cash on delivery is chosen.
The choice of payment method, including delivery costs, belongs to the seller.
The seller does not conclude contracts for recurring performance or contracts for an indefinite period.
The buyer submits an order using the form on the seller’s website by sending the completed order form to www.galanttrade.cz. A delivered completed order is considered a proposal for a purchase contract, and the purchase contract is considered concluded when the seller confirms the order by a confirmation email sent no later than within one week of receiving the order. The concluded purchase contract may be changed or cancelled only by mutual agreement. The seller is not responsible for errors caused by data transmission.
Automatic confirmation of order receipt sent by the e‑shop system (e.g., automatic email generated by PrestaShop) is not a confirmation of the order by the seller and does not constitute the conclusion of a purchase contract. It is only a technical confirmation that the order has been received by the seller’s system.
The purchase contract is concluded only when the seller explicitly confirms the order by another email or another clear act.
By concluding the purchase contract, the buyer confirms that they have read and agree with these Terms and Conditions.
The seller reserves the right to refuse an order or part of it if the goods are not in stock at the time the order is received. The seller must inform the buyer by email about the status of the order, including missing or modified items. If the order is not accepted exactly as requested, the buyer may withdraw from the contract. The offer of goods on the website is not considered a proposal to conclude a purchase contract under § 1732 of the Civil Code.
The seller reserves the right not to conclude a contract with a buyer located outside the EU if the order does not reach the value of 2400 CZK.
3. Liability for Defects, Rights from Defective Performance
The rights and obligations of the seller and the buyer regarding defective performance are governed by the relevant provisions of the Civil Code (Act No. 89/2012 Coll.).
The seller is liable for the item being free of defects upon receipt. The seller is liable to the buyer that at the time the buyer took over the item:
- the item has the properties agreed upon by the parties, and if no agreement exists, such properties as the seller stated in the offer or described in advertising, or which the buyer expected given the nature of the item,
- the item is suitable for the purpose stated by the seller or for which such item is usually used,
- the item is in the appropriate quantity, measure, or weight,
- the item complies with legal regulations.
If a defect appears within six months of receipt, it is presumed that the item was defective at the time of receipt.
For consumer goods, the consumer is entitled to exercise rights from defects within twenty‑four months of receipt, except for:
- goods sold at a lower price due to a defect for which the lower price was agreed,
- wear and tear caused by normal use,
- defects corresponding to the degree of use or wear the item had upon receipt in the case of used goods,
- cases where this follows from the nature of the item.
The 24‑month warranty applies only to consumers, not to business buyers. The warranty period begins upon receipt of the item. The buyer has no right from the warranty if the defect was caused by an external event after receipt.
The buyer has no rights from defective performance if they knew about the defect before taking over the item or if they caused the defect themselves.
a) Buyer’s rights in case of substantial breach of contract
If defective performance constitutes a substantial breach of contract, the buyer has the right to:
- have the defect removed by delivery of a new item without defects or delivery of the missing item, unless this is disproportionate given the nature of the defect; if the defect concerns only a part of the item, the buyer may request replacement of that part; if this is not possible, the buyer may withdraw from the contract; however, if the defect can be removed without undue delay, the buyer has the right to free repair,
- have the defect removed by repair,
- a reasonable discount on the purchase price,
- withdraw from the contract.
The buyer shall inform the seller without undue delay which right they have chosen. The buyer cannot change their choice without the seller’s consent, except when the buyer requested repair and the defect proves to be irreparable. If the seller does not remove the defect in time or informs the buyer that the defect will not be removed, the buyer may request a discount or withdraw from the contract.
If the buyer does not choose a right in time, they have the rights applicable to non‑substantial breach of contract.
The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace a part, or repair the item, as well as if the seller does not remedy the defect in a reasonable time or if remedying the defect would cause significant inconvenience to the consumer.
b) Buyer’s rights in case of non‑substantial breach of contract
If defective performance constitutes a non‑substantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount. Until the buyer exercises the right to a discount or withdraws from the contract, the seller may deliver what is missing or remove the legal defect. Other defects may be removed by repair or delivery of a new item at the seller’s choice.
If the seller does not remove the defect in time or refuses to remove it, the buyer may request a discount or withdraw from the contract. The buyer cannot change their choice without the seller’s consent.
The buyer has the right to delivery of a new item or replacement of a part even in the case of a removable defect if the item cannot be used properly due to repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer may also withdraw from the contract.
When a new item is delivered, the buyer shall return the original item to the seller at the seller’s expense.
The consumer exercises rights from defects at the seller’s address:
GALANT TRADE s.r.o., Ke Gabrielce 865, 39470 Kamenice nad Lipou, Czech Republic
The moment of exercising the complaint is considered the moment when the seller receives the claimed goods.
The seller decides on the complaint immediately, no later than within three working days. This period may be extended if expert assessment is required.
The complaint will be resolved without undue delay, no later than within 30 working days from the date of its submission, unless otherwise agreed. After this period, the consumer has the same rights as if the defect were irreparable.
In the case of a justified complaint, the consumer is entitled to reimbursement of costs incurred in connection with the complaint.
In the case of an obviously unjustified complaint, the consumer is not entitled to reimbursement of costs incurred in exercising rights from defects. Likewise, the seller is not entitled to reimbursement of costs unless the consumer’s conduct indicates abuse of rights.
4. Withdrawal from the Contract
Goods purchased from us may be returned without giving a reason within the statutory 14‑day period from the date of receipt. This also applies to orders with personal pickup. The right does not apply to orders made within business or entrepreneurial activity, i.e., if your company ID (IČ) is stated on the invoice.
We recommend returning goods in undamaged packaging.
Packaging is not part of the purchase, but GALANT TRADE s.r.o. is entitled to reimbursement of actual costs associated with returning the goods. These costs are assessed individually and may be deducted from the refunded amount.
The consumer must return the goods complete, with full documentation if included, undamaged, clean, preferably in the original packaging, and in the condition and value in which the goods were received.
You may try the goods, but they must not show signs of excessive wear. Goods may be used, but the consumer must consider the costs incurred by GALANT TRADE s.r.o. to restore the goods to their original condition.
You can avoid these costs by restoring the goods yourself (cleaning, completing, proper packaging, etc.). Each case is assessed individually.
If the returned goods are damaged, worn, or partially consumed, the consumer acknowledges that the seller is entitled to compensation for the resulting damage. The seller may offset this compensation against the refund.
Observing the 14‑day period
The deadline is met if the consumer sends a notice of withdrawal within the 14‑day period. The period begins the day after the consumer receives the goods.
What documents to include?
We recommend including a document proving the purchase and facilitating identification of the goods and request.
The best option is to include the completed Withdrawal Form and the purchase receipt sent to your email.
The goods must be returned as soon as possible after sending the withdrawal notice. The consumer is not entitled to reimbursement of return shipping costs.
Withdrawal may be sent:
- by email: info@galanttrade.cz
- by post: GALANT TRADE s.r.o., Ke Gabrielce 865, 39470 Kamenice nad Lipou, Czech Republic
Address for returning goods:
GALANT TRADE s.r.o., Ke Gabrielce 865, 39470 Kamenice nad Lipou, Czech Republic
The consumer has no right to withdraw or demand a new item if the goods cannot be returned in the condition in which they were received, except when:
- the change occurred during inspection to detect defects,
- the consumer used the item before discovering the defect,
- the consumer did not cause the change by action or omission,
- the consumer sold, consumed, or altered the item during normal use.
If only part of the item can be returned, the consumer must return what remains and compensate the seller for the benefit gained.
If the consumer does not report a defect in time, they lose the right to withdraw.
5. Failure to Accept Goods
5.1
By concluding the purchase contract, the buyer is obliged to accept the ordered goods. If the buyer breaches this obligation, they are liable for damages incurred by the seller. If the buyer does not accept the goods, the seller may withdraw from the contract.
5.2
The seller may charge the buyer for financial loss caused by failure to accept the goods (especially delivery costs including COD fees, packaging, etc.). The seller declares that they will not claim full actual damages (labor, handling, packaging, invoicing, shipping, unpacking, credit note processing, restocking, lost profit, etc.), but only a flat fee of 500 CZK per unaccepted shipment, payable within 15 days from the date the shipment is returned to the seller.
5.3
Upon return of the unaccepted goods, the seller is also entitled to a contractual penalty of 10% of the total price of the goods (excluding VAT), payable within 15 days from the return of the shipment.
5.4
This article does not affect the buyer’s statutory right to withdraw from the contract.
6. Cancellation of Orders by Buyers with Company ID (IČ)
The buyer may cancel the order without giving a reason at any time before it is confirmed by the seller.
The buyer may cancel the order after confirmation only if the seller fails to meet delivery conditions.
If a confirmed order is cancelled, the buyer must compensate the seller for damages caused by such action.
The seller is entitled to compensation especially when the goods were not in stock and had to be specially ordered, customized, or already dispatched. The seller may charge 80% of the order value + additional costs (storage, shipping).
7. Alternative Dispute Resolution (ADR)
If a consumer dispute arises between us and the consumer from a purchase contract or service contract and cannot be resolved by mutual agreement, the consumer may submit a proposal for out‑of‑court settlement to:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
The consumer may also use the Online Dispute Resolution platform established by the European Commission:
http://ec.europa.eu/consumers/odr/
8. Delivery Times
Orders are usually processed within 2 working days. Goods are typically delivered within 24 hours after dispatch within the Czech Republic and Slovakia. Delivery times to other destinations vary and can be checked with individual carriers.
Shipments returned due to reasons on the buyer’s side will be resent only upon request, and the seller may charge additional postage.
8. 8. Non-delivery of shipment and transport claims
If the customer does not receive the shipment, they must inform the seller no later than 14 days from the date of dispatch.
The seller may request cooperation from the customer in order to process a claim with the carrier, in particular by providing a declaration of non-receipt or other required documents.
The customer is obliged to provide the requested documents within 5 working days from the request and in the required form (in particular as a scan or photo sent by email).
If the customer fails to provide the requested cooperation, submits the documents late, or provides them in an unusable form, and as a result the claim cannot be processed with the carrier, the seller shall not be held liable for the non-delivery and the claim may be rejected.
If the shipment is marked as delivered according to the carrier’s tracking system, it shall be considered delivered unless the customer proves otherwise by providing the required documents in a timely and proper manner.
After the carrier’s claim deadlines have expired, the claim cannot be accepted and the matter shall be considered closed.
10. Final Provisions
The buyer must check the condition of the shipment upon receipt according to the attached delivery note. The buyer may refuse a shipment that does not comply with the purchase contract (e.g., damaged or incomplete). If the buyer accepts such a shipment, they must describe the condition and extent of damage in the carrier’s protocol and notify the seller without delay at info@galanttrade.cz.
The seller reserves the right to cancel orders with incomplete or incorrect contact details or in case of suspected misuse of the ordering system or violation of these Terms and Conditions.
The seller reserves the right to refuse or cancel an order at any time before the purchase contract is concluded, especially for technical, security, or operational reasons.
The purchase contract is concluded only by explicit confirmation of the order by the seller. Automatic confirmation of receipt is not acceptance of the proposal to conclude a contract.
The seller may limit, suspend, or cancel access to the user account without compensation if there is reason to believe that these Terms and Conditions have been violated or for security reasons.
The seller does not issue EUR1 certificates of origin and does not include preferential origin statements on invoices.
References contained in these Terms and Conditions form an integral part of them.
The seller reserves the right to amend or change these Terms and Conditions at any time.
These Terms and Conditions supersede all previous versions issued by GALANT TRADE s.r.o.
PRIVACY POLICY – GDPR
I. Basic Information
The controller of personal data under Article 4(7) of Regulation (EU) 2016/679 (GDPR) is:
GALANT TRADE s.r.o.
IČ 01418564
Ke Gabrielce 865
39470 Kamenice nad Lipou
Czech Republic
Email: info@galanttrade.cz
Phone: 733 627 746
Personal data means any information about an identified or identifiable natural person.
The controller has not appointed a Data Protection Officer.
II. Sources and Categories of Personal Data
The controller processes personal data provided by you or obtained during fulfillment of your order.
The controller processes your identification and contact details and data necessary for contract performance.
III. Legal Basis and Purpose of Processing
Legal bases:
- performance of a contract under Article 6(1)(b) GDPR,
- legitimate interest of the controller in direct marketing (sending newsletters) under Article 6(1)(f) GDPR, only if you enable this in your account settings.
Purposes:
- processing your order and fulfilling rights and obligations arising from the contract;
- personal data required for successful order processing (name, address, contact).
Providing personal data is necessary for contract conclusion and performance.
The controller does not use automated individual decision‑making under Article 22 GDPR.
IV. Data Retention
The controller stores personal data:
- for the period necessary to exercise rights and obligations arising from the contractual relationship between you and the controller and to assert claims arising from these contractual relationships (for 10 years after the termination of the contractual relationship),
- for the period necessary after the end of the contract to safely verify that all obligations have been fulfilled and that it will not be necessary to file a lawsuit or an enforcement request.
After the retention period expires, the controller deletes the personal data.
V. Cookies
When using our website, your personal data may be processed through cookies.
VI. Recipients of Personal Data (Controller’s Subcontractors)
Recipients of personal data include persons:
- involved in the delivery of goods/services or payment processing under the contract,
- providing services related to the operation of the e‑shop and related technical services.
The controller does not intend to transfer personal data to a third country (outside the EU) or an international organization.
VII. Your Rights
Under the conditions set out in the GDPR, you have:
- the right to access your personal data under Article 15 GDPR,
- the right to rectification under Article 16 GDPR, or restriction of processing under Article 18 GDPR,
- the right to erasure under Article 17 GDPR,
- the right to object to processing under Article 21 GDPR,
- the right to data portability under Article 20 GDPR,
- the right to withdraw consent to processing at any time, in writing or electronically, using the contact details provided in Section I of this policy.
You also have the right to lodge a complaint with the Office for Personal Data Protection if you believe your rights have been violated.
VIII. Personal Data Security Measures
The controller declares that:
- all appropriate technical and organizational measures have been taken to secure personal data,
- technical measures have been implemented to secure data storage and physical document storage,
- contracts on personal data processing have been concluded with all processors listed in Section VI, ensuring at least the same level of protection as this Privacy Policy,
- only authorized persons have access to personal data.
IX. Final Provisions
By submitting an order through the online order form, you confirm that you have read and fully accept this Privacy Policy.
The controller is entitled to amend this Privacy Policy. The new version will always be published on the website with a visible notice (e.g., highlighted banner).
This Privacy Policy enters into force on 31 October 2019.