Terms and Conditions
of VAPE spol. s r.o.
with its registered office at Bílanská 1647/34a, 767 01 Kroměříž
Identification number: 00543551
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 1911
for the sale of goods through an online store located at the internet address
http://www.vape.eu
1.1. These terms and conditions (hereinafter referred to as the terms and conditions) of the commercial company VAPE spol. s r. o., with its registered office at Bílanská 1647/34a, 767 01 Kroměříž, ID No. 00543551, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 1911 (hereinafter referred to as the Seller) regulate, within the meaning of Act No. 374/2022 Coll., amending Act No. 634/1992 Coll., on Consumer Protection, as amended, and Act No. 89/2012 Coll., the Civil Code, as amended, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the purchase contract) concluded between the seller and another natural person (hereinafter referred to as the buyer) through the seller's online store. The online store is operated by the seller on the website located at http://www.vape.eu (hereinafter referred to as the website), through the website interface (hereinafter referred to as the store's web interface).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods within the scope of their business activities or within the scope of their independent professional practice.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the user account). If the web interface of the shop allows it, the buyer can also place orders for goods without registration directly from the web interface of the shop.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not authorised to allow third parties to use their user account.
2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than five (5) years, or if the buyer violates their obligations under the purchase contract (including the terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
3.1. All presentations of goods placed on the web interface of the shop are for informational purposes only, and the seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732(2) of the Civil Code shall not apply. The buyer will receive an order confirmation by email, which does not mean that the order has been accepted by the seller. This is only an offer to purchase the product, which is still subject to final approval by the seller. The order is only accepted by the seller, and thus a valid purchase contract between the two parties is only concluded, upon notification by email from the seller that the goods have been dispatched to the customer.
3.2. The web interface of the shop contains information about the goods, including the prices of individual items. The prices of goods are listed including value added tax (according to the applicable rates of the destination country) within the European Union. For countries outside the European Union, prices are listed without value added tax and import customs duties. The prices of goods remain valid for as long as they are displayed on the web interface of the shop. Prices are subject to obvious errors. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms. The buyer is responsible for paying any import customs duties (and other fees associated with changing the delivery address to the customer).
3.3. The store's web interface also contains information about the costs associated with packaging and delivery of goods.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:
- the goods ordered with their description (the buyer "places" the goods ordered in the electronic shopping basket of the web interface of the store),
- the price of the goods
- stock availability
- method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods,
- information about the costs associated with the delivery of the goods (hereinafter referred to as the "order").
3.5. The fact that the actual goods differ visually from their graphic representation on the seller's website is not a defect.
3.6. Before sending the order to the seller, the buyer is allowed to check and change the information entered in the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "send order" button. By sending the order, the buyer agrees to pay for it. The information provided in the order is considered correct by the seller. Immediately after receiving the order, the seller shall confirm its receipt to the buyer by email to the buyer's email address specified in the user interface or in the order (hereinafter referred to as the "buyer's email address").
3.7. The condition for the validity of the order is the completion of all mandatory information in the order form, familiarisation with these terms and conditions, and confirmation by the buyer that they have read and agree to these terms and conditions.
3.8. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.09. The seller reserves the right not to be able to fulfil some of the requirements in the order. If the seller is unable to fulfil any of the requirements specified in the order, they shall send the buyer a modified offer to their email address, specifying possible order options, and request the buyer's opinion.
3.10. In the case of an order placed by telephone, the Seller is obliged to send the Buyer a confirmation of the order in text form. For such an order to be valid, the Buyer must confirm its acceptance in writing (e-mail, SMS) within a reasonable period of time.
4.1. The buyer may pay the total purchase price and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- payment in advance by VISA or Mastercard (only cards with 3D security are accepted),
- bank transfer to the account specified in the order confirmation sent to the buyer,
- via PayPal.
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the specified amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The buyer is entitled to make payments in CZK, EUR, USD.
4.4. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods. The purchase price is considered paid at the moment the relevant amount is credited to the seller's account.
4.5. If the order is not paid within sixty (60) days of its issuance, the order will be automatically cancelled.
4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.7. For repeat purchases through the VAPE e-shop, depending on the volume of goods purchased, certain groups of customers may be eligible for individual discount prices in the loyalty programme.
4.8. The seller is obliged to issue a proper tax document at the time of dispatch of the goods. The dispatched goods together with the invoice shall be in accordance with the buyer's order. The seller is a value added tax payer.
5.1. The buyer acknowledges that, pursuant to the provisions of Section 1837(d) of the Civil Code, it is not possible to withdraw from a purchase contract for the delivery of goods that have been modified according to the buyer's wishes or for the buyer's person.
5.2. Unless it is a case referred to in Article 5.1, where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall become invalid. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller. The buyer also acknowledges that returned goods cannot be sent cash on delivery. Such a shipment will not be accepted by the seller.
If the buyer withdraws from the purchase contract, the buyer will be refunded the money, including the delivery costs, which the seller accepted from the buyer on the basis of the order. The money received will be refunded to the buyer in the same way as the seller received it from the buyer. It will only be refunded in a different way if the buyer agrees to this and if this does not incur additional costs for the buyer.
5.4. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller. Returned goods will be checked to ensure that they are fully functional and free of defects, in the same condition, without any changes. In the case of damaged or used (or dirty) goods, the seller is not obliged to accept these goods as legitimately returned.
5.5. Otherwise, the seller is obliged to inform the buyer of the extent of damage to the returned goods. The seller is entitled to unilaterally offset the claim for compensation for damage to the returned goods against the buyer's claim for a refund of the purchase price.
6.1. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods at the place of destination.
6.3. The delivery period shall be calculated from the date on which all details regarding the order have been clarified between the seller and the buyer and the amount due has been paid. The seller undertakes to deliver the goods from the order from this moment (without undue delay) within thirty (30) days, unless otherwise agreed with the buyer. The delivery date is considered to have been met if the goods were ready for transport within the specified period. Delivery of goods according to the order in parts is possible.
6.4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
6.5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorised access to the shipment, the buyer is not obliged to accept the shipment from the carrier.
6.6. Goods are delivered to buyers outside the Czech Republic (EU, Schengen area, non-European countries) on the basis of agreed delivery terms according to Incoterms 2020.
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance of delivery are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer for ensuring that the goods meet the following requirements upon dispatch:
- the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, they have the characteristics described by the seller or expected by the buyer with regard to the nature of the goods,
- the goods are fit for the purpose stated by the seller or for which goods of this type are normally used,
- the goods are in the appropriate quantity,
- the goods comply with legal requirements,
- the seller is not liable for damage caused by the transport of the goods.
7.3. If a defect becomes apparent within twelve (12) months of receipt, the goods are deemed to have been defective at the time of receipt.
7.4. The buyer shall exercise their rights arising from defective performance with the seller at the following address: VAPE spol. s r.o., Bílanská 1647/34a, 767 01 Kroměříž. The moment when the seller receives the goods subject to complaint from the buyer shall be considered the moment when the complaint is made. The buyer acknowledges that the goods subject to complaint cannot be returned to the seller by cash on delivery; in this case, the seller will refuse to accept the shipment.
7.5. The buyer is obliged to strictly follow the rules according to the instructions for assembly and use of the products.
7.6. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods and taking delivery of them.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. In the event of a dispute between the seller and the buyer arising from the concluded purchase contract that cannot be resolved by mutual agreement, the buyer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 44
110 00 Prague 1
Czech Republic
Email: adr@coi.cz
Alternatively, the buyer may contact the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, which is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution).
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. on consumer protection, as amended, within a defined scope.
8.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council.
9.2. The conditions of this protection are set out in the document Information on the Processing of Personal Data, which is published on the Seller's website.
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer's email address, and further agrees to the sending of commercial communications to the buyer's email address.
10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfil the Seller's obligations under the purchase contract without storing cookies on the Buyer's computer, the Buyer may revoke their consent under the previous sentence at any time.
11.1. Technical and commercial documentation, product design and related costs are subject to change based on new experience and technological improvements.
11.2. Design changes due to further technical and technological developments are reserved. Data relating to dimensions, weight, etc. are subject to manufacturing and technological deviations.
11.3. The buyer undertakes to maintain confidentiality towards third parties regarding the terms of the contract concluded between the seller and the buyer, as well as the seller's trade secrets or information that is clearly sensitive and non-public.
11.4. The buyer may not make any functional changes to the goods or label them differently than they were labelled at the manufacturing plant. In such a case, the seller shall not be liable for any problems related to the function of the goods.
12.1. These terms and conditions and the contract are governed by and interpreted in accordance with the laws and regulations of the Czech Republic. The validity of this choice of law clause is governed by the applicable legal order of the Czech Republic.
12.2. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4. The purchase contract is archived by the seller in electronic form in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.
12.5. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
12.6. Seller's contact details: delivery address VAPE spol. s r.o., Bílanská 1647/34a, 767 01 Kroměříž, email address vape@vape.cz, telephone +420 573 308 141, +420 573 308 148
These terms and conditions are valid and effective from 1 November 2025.
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