Terms and Conditions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

• Golden Life s.r.o.
• Company ID (IČ): 27968677
• VAT ID (DIČ): CZ27968677
• Registered office: Bezručova 143/16, Plzeň 301 00, Czech Republic.                
• Contact details:
  • Email: info@golden-life.cz
  • Telephone: +420 775 123 528
  • Website: www.golden-life.cz

(hereinafter the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the “Buyer”), via the web interface located on the website available at www.golden-life.cz (hereinafter the “Online Store”).

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information on Goods and Prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the Online Store catalog. The prices are stated including value added tax, all related fees, and the costs of returning the goods if, by their nature, the goods cannot be returned by ordinary postal service. The prices remain valid for the period during which they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentations of goods placed in the Online Store catalog are for informational purposes only and the Seller is not obliged to conclude a purchase contract in respect of such goods.

3. The Online Store publishes information on the costs associated with packaging and delivery of the goods. The information on packaging and delivery costs stated in the Online Store applies only where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined, unless otherwise agreed by the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer places an order for goods in the following ways:

• through their customer account, if they have previously registered in the Online Store,
• by completing the order form without registration.  

3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and the method of delivery.

4. Before submitting the order, the Buyer is allowed to check and change the data entered in the order. The Buyer submits the order to the Seller by clicking the “Submit Order” button. The data stated in the order are considered correct by the Seller. The validity of the order requires completion of all mandatory fields in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions as an attachment. The purchase contract is concluded only upon the Seller’s acceptance of the order. The notice of acceptance of the order is delivered to the Buyer’s email address. / Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be considered the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions as an attachment. The purchase contract is concluded by the Seller’s confirmation of the order sent to the Buyer’s email address.

6. If the Seller cannot comply with any of the requirements stated in the order, the Seller shall send the Buyer a modified offer to the Buyer’s email address. The modified offer shall be considered a new proposal for a purchase contract, and in such case the purchase contract is concluded upon the Buyer’s confirmation of acceptance of this offer sent to the Seller’s email address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer has received the notice of acceptance of the order by the Seller. The Buyer may cancel the order by phone or email using the Seller’s contact details stated in these Terms and Conditions.

8. In the event of an obvious technical error on the Seller’s side when stating 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 incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer a modified offer to the Buyer’s email address. The modified offer shall be considered a new proposal for a purchase contract and the purchase contract is concluded in such case upon the Buyer’s confirmation of acceptance sent to the Seller’s email address.

IV. Customer Account

1. Based on the Buyer’s registration in the Online Store, the Buyer may access their customer account. Through the customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.

2. When registering a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data stated in the user account whenever they change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, in particular if the Buyer does not use the account for a long time or if the Buyer breaches their obligations arising from the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the purchase price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

• cashless transfer to the Seller’s bank account,
• cashless payment card,
• cashless transfer to the Seller’s account via the Comgate payment gateway,
• cash or payment card upon personal collection at the Seller’s premises.

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4. In the case of payment via the payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.[S16] 

5. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.

7. Under the Act on Sales Registration, the Seller is obliged to issue the Buyer a receipt. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

8. The goods are delivered to the Buyer:

• to the address specified by the Buyer in the order,
• via a parcel pickup point to the pickup point address specified by the Buyer,
• by personal collection at the Seller’s premises.

9. The delivery method is selected during the ordering process.

10. Delivery costs depending on the method of dispatch and receipt of the goods are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

11. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the parcel, the Seller is entitled to demand compensation for storage costs, costs of return transport of the goods and packaging in the amount of CZK 200, or is entitled to withdraw from the purchase contract. These costs may be unilaterally set off by the Seller against any claim of the Buyer for a refund of the purchase price. If, due to reasons on the Buyer’s side, it is necessary to deliver the parcel repeatedly or in a manner other than stated in the order, the Buyer is obliged to reimburse the Seller for such costs in the amount of CZK 176.

12. 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 without delay. If a breach of the packaging is found indicating unauthorized entry into the parcel, the Buyer does not have to accept the parcel from the carrier.

13. The Seller shall issue the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address. / The tax document is enclosed with the delivered goods.

14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, however not earlier than by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer upon receipt of the goods, or at the moment when the Buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the Contract

1. A Buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

• from the day of receipt of the goods,
• from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
• from the day of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

3. The Buyer may not, among other things, withdraw from the purchase contract:

• for the provision of services, if they were provided with the Buyer’s prior explicit consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such case the Buyer does not have the right to withdraw,
• for the supply of goods or services whose price depends on fluctuations of the financial market independently of the Seller’s will and which may occur during the withdrawal period,
• for the supply of alcoholic beverages which may be delivered only after thirty days and whose price depends on fluctuations of the financial market independently of the Seller’s will,
• for the supply of goods modified according to the Buyer’s wishes or for the Buyer’s person,
• for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
• for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,
• for the supply of audio or video recordings or computer software if the original packaging has been broken,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content not supplied on a tangible medium, if supplied with the Buyer’s prior explicit consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such case the Buyer does not have the right to withdraw,
• in other cases specified in Section 1837 of the Civil Code.

4. To meet the withdrawal deadline, the Buyer must send the notice of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the template withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller’s email or delivery address stated in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without undue delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal service due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall refund all funds, including delivery costs, received from the Buyer without undue delay, no later than within 14 days from the withdrawal from the contract, in the same manner. The Seller shall refund the Buyer by another method only if the Buyer agrees and if no additional costs are incurred for the Buyer.

8. If the Buyer chose a delivery method other than the cheapest one offered by the Seller, the Seller shall refund delivery costs in the amount corresponding to the cheapest offered delivery method.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the received funds before the Buyer hands over the goods to the Seller or proves that the goods were sent to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of goods, or if the manufacturer, importer or supplier has discontinued production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address stated in the order and shall refund all funds, including delivery costs, received under the contract within 14 days from the notice of withdrawal, in the same manner, or in a manner specified by the Buyer.

VII. 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 the Buyer received the goods:

• the goods have the properties agreed by the parties, and if no agreement exists, such properties as described by the Seller or the manufacturer or such properties as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
• the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight and the goods comply with legal requirements.

2. The Seller’s obligations arising from defective performance are at least to the extent that the manufacturer’s obligations from defective performance last. The Buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from receipt.

3. If a period during which the goods may be used is stated on the goods, their packaging, instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By a quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain period or will retain the usual properties. If the Buyer rightly notified the Seller of a defect in the goods, the period for exercising rights from defective performance and the warranty period do not run for the period during which the Buyer cannot use the defective goods.

4. The provisions in the previous paragraph of the Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods with a defect corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or if it follows from the nature of the goods. The Buyer is not entitled to rights from defective performance if the Buyer knew before receipt that the goods have a defect, or if the Buyer caused the defect themself.

5. In the event of a defect, the Buyer may submit a claim to the Seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

• if the goods have a material defect,
• if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,
• in the event of a larger number of defects in the goods.

7. A material breach is such a breach of contract that the breaching party already knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.

8. In the case of a defect constituting an immaterial breach of contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to removal of the defect or a reasonable discount from the purchase price.

9. If a removable defect recurs after repair (usually the third claim for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to claim a discount from the purchase price, replacement of the goods, or withdrawal from the contract.

10. When making a claim, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller’s consent is possible only if the Buyer requested repair of a defect that proves to be irremovable. If the Buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of an immaterial breach.

11. If repair or replacement of the goods is not possible, the Buyer may, based on withdrawal from the contract, request a full refund of the purchase price.

12. If the Seller proves that the Buyer knew of the defect before receipt of the goods or caused it themself, the Seller is not obliged to satisfy the Buyer’s claim.

13. The Buyer cannot claim discounted goods for the reason for which the goods were discounted.

14. The Seller is obliged to accept claims at any premises where acceptance of claims is possible, or at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised the right, what the claim includes and what method of handling the claim the Buyer requests, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or written justification for rejecting the claim.

15. The Seller or an authorized employee shall decide on the claim immediately, in complex cases within three working days. This period does not include the time reasonably necessary, depending on the type of product or service, for professional assessment of the defect. The claim, including removal of the defect, must be handled without undue delay, no later than within 30 days from the date the claim was made, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment the claim is made is the moment when the Buyer’s expression of will (exercise of rights from defective performance) is delivered to the Seller.

16. The Seller shall inform the Buyer of the outcome of the claim in writing.

17. The Buyer is not entitled to rights from defective performance if the Buyer knew before taking over the item that it has a defect, or if the Buyer caused the defect.

18. In the case of a justified claim, the Buyer has the right to reimbursement of reasonably incurred costs arising in connection with making the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period; otherwise, a court may not award it.

19. The Buyer chooses the method of claim handling.

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

21. Further rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s complaint procedure.

VIII. Delivery of Documents

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

2. The Buyer delivers correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address stated in the Buyer’s customer account or in the order.

IX. Personal Data

1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your data in any way other than for the purposes of performance of the contract, except for the email address to which commercial communications may be sent, as this is permitted by law unless you refuse. These communications may relate only to similar or related goods and you can unsubscribe at any time in a simple way (by sending a letter, email, or by clicking the link in the commercial communication). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information about personal data protection can be found in the Personal Data Protection Policy HERE

X. Out-of-Court Dispute Resolution

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

3. The Seller is authorized to sell goods on the basis of a trade license. Trade license supervision is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority also supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final Provisions

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

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

3. All rights to the Seller’s websites, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.

4. The Seller shall not be liable for errors arising as a result of third-party interference with the Online Store or as a result of its use contrary to its purpose. The Buyer must not use procedures when using the Online Store that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to unauthorizedly interfere with or use the software equipment or other components forming the Online Store, or to use the Online Store or its parts or software in a manner contrary to its purpose or intended use.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(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 Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

8. An appendix to these Terms and Conditions is a template withdrawal form.

These Terms and Conditions become effective on 11 October 2021