GENERAL TERMS AND CONDITIONS
of the company
COSING s.r.o.
with its registered office at Třídvorská 1580,
Kolín 280 02, Czech Republic
Company ID: 26502224,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 86206,
for the sale of goods through an online store located at www.cosing.cz
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms") of COSING s.r.o., with its registered office at Třídvorská 1580, Kolín 280 02, Company ID: 26502224 (hereinafter referred to as the "Seller"), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the "Purchase Agreement") concluded between the Seller and another person (hereinafter the "Buyer") via the Seller’s online store. The online store is operated by the Seller on the website located at www.cosing.cz (hereinafter the "Website"), through the web interface of the Website (hereinafter the "Store Interface").
1.2. Provisions deviating from these Terms may be agreed upon in the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall take precedence over these Terms.
1.3. The provisions of these Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4. The Seller may amend or supplement the wording of these Terms. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms.
2. User Account
2.1. Based on the registration made on the Website, the Buyer may access their user interface. From the user interface, the Buyer may place orders (hereinafter referred to as the "User Account"). The Buyer may also place orders without registration directly via the web interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update any data provided in the User Account upon any change. The information provided by the Buyer is considered correct.
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 entitled to allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their account for more than 30 days, or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s or third parties’ hardware and software.
3. Conclusion of the Purchase Agreement
3.1. All goods presentation on the web interface of the shop is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface includes information about the goods, including prices and return costs (if applicable). Prices include VAT and all related fees. Prices remain valid as long as they are displayed on the web interface.
3.3. The web interface also includes information about packaging and delivery costs, valid only for deliveries within the Czech Republic.
3.4. To order goods, the Buyer fills in the order form. The form contains: selected goods, method of payment, delivery method, and related costs.
3.5. Before submitting the order, the Buyer may check and modify the data. Orders are submitted by clicking a clearly marked confirmation button. The Seller considers the data in the order to be correct and confirms receipt by email.
3.6. Depending on the order nature (quantity, price, delivery costs), the Seller may ask for additional confirmation (e.g. in writing or by phone).
3.7. The contractual relationship arises upon delivery of goods to the address specified by the Buyer.
3.8. The Buyer agrees to use remote communication means for concluding the Purchase Agreement. The Buyer shall bear any related costs (e.g. internet, telephone), which do not differ from the standard rate.
4. Price of Goods and Payment Terms
4.1. Prices on the website include VAT and all related fees.
4.2. The Buyer may pay:
• in cash at the Seller’s premises at COSING s.r.o., Třídvorská 1580, 280 02 Kolín;
• cash on delivery to the address specified in the order;
• by bank transfer to account no. 222180959/0300 (ČSOB a.s.);
• by credit/debit card.
4.3. The Buyer is also obliged to pay agreed packaging and delivery costs, unless explicitly stated otherwise.
4.4. The Seller does not require advance payment unless stated in article 4.6.
4.5. For cash or cash-on-delivery, the price is payable upon receipt. For bank transfer, payment is due within 7 days of the order.
4.6. In case of bank transfer, the Buyer must indicate the variable symbol. The obligation to pay is fulfilled when the amount is credited to the Seller's account.
4.7. The Seller may require payment in advance, particularly if additional confirmation of the order is not provided.
4.8. Discounts cannot be combined.
4.9. The Seller shall issue a tax invoice after payment and send it by email.
4.10. Invoice data can only be changed due to delivery or correction of obvious errors.
4.11. According to the EET Act, the Seller is obliged to issue a receipt and report the transaction to the tax administrator online, or within 48 hours in case of technical failure.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that, under Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for:
• goods modified according to the Buyer's wishes,
• perishable goods,
• goods irreversibly mixed after delivery,
• sealed goods unsealed after delivery for hygienic reasons,
• sound or video recordings or software whose original packaging was breached.
5.2. Unless otherwise excluded under 5.1, the consumer Buyer may withdraw from the Purchase Agreement within 14 days of receiving the goods. If the goods are delivered in parts, the period begins upon the last delivery. Withdrawal must be sent within this period. The Buyer may notify the Seller by email at obchod@cosing.cz or by mailing it to the Seller’s premises.
5.3. The Buyer may withdraw from the agreement within 14 days without giving any reason. Goods must be returned undamaged, ideally in original packaging. The Buyer may test the product as they would in a physical store, but excessive use may reduce the refund amount.
5.4. In case of withdrawal, the contract is nullified. Goods must be returned within 14 days. The Buyer bears the return costs. Goods sent by cash on delivery will not be accepted. The Buyer must properly package goods to avoid damage during return. If the goods are damaged, the refund may be reduced accordingly.
5.5. The Seller shall refund payments within 14 days of receiving the withdrawal notice, using the same payment method. However, the refund may be withheld until the goods are returned or proof of return is provided. If the payment included a gift voucher, the same will be returned.
5.6. The Seller may offset any damage compensation against the refund amount.
5.7. The Seller reserves the right to withdraw from the agreement if:
• the Buyer attempts to withdraw without justification and is unreachable,
• a complaint is deemed unjustified and the Buyer is unreachable or disinterested,
• the goods are returned without explanation and the Buyer is unreachable,
• in other cases where goods are returned without any notice and the Buyer is unreachable.
The Seller may cancel an order before delivery and refund any received payment promptly to the Buyer's account.
5.8. If a gift was provided with the goods, the gift contract becomes void upon withdrawal and the gift must be returned. If not, the Seller may deduct its value from the refund.
5.9. The right to withdraw applies only to consumers. Buyers providing a business ID or VAT ID are considered non-consumers and do not have this right.
6. Shipping and Delivery of Goods
6.1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase agreement 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.
6.3. If, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery or the costs associated with the alternative method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and to report any defects immediately (no later than within 2 working days) to the carrier. The buyer is required to document any damage to the goods during transport with photographs. If the packaging shows signs of tampering or unauthorized opening, the buyer is not obliged to accept the shipment. The buyer must also check the quantity of goods upon delivery. In the event of discrepancies, the buyer must contact us immediatel...
6.5. After the order has been dispatched, the customer will receive a tracking link. If the tracking information indicates that the shipment has been delivered but the recipient has not received it, the recipient must notify the sender as soon as possible, no later than 5 days from the delivery date shown in the tracking system.
6.6. Additional rights and obligations of the parties related to the transport of goods may be governed by the seller’s special delivery conditions, if issued.
6.7. The seller ships goods across the EU. If goods are shipped outside the Czech Republic and Slovakia, the seller reserves the right to adjust the shipping cost prior to dispatch, following prior agreement with the buyer.
7. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the applicable legal regulations (particularly Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller warrants that the goods are free from defects upon delivery. In particular, the seller warrants that at the time the buyer received the goods:
• The goods have the properties agreed upon by the parties, or if none were agreed, the properties described by the seller or manufacturer, or those the buyer could reasonably expect given the nature of the goods and any advertisements;
• The goods are suitable for the purpose stated by the seller or for the usual purpose of such goods;
• The goods correspond in quality or design to the agreed sample or model, if applicable;
• The goods are in the appropriate quantity, size, or weight; and
• The goods comply with legal requirements.
7.3. A 24-month warranty applies to all products sold to consumers. For legal entities, the warranty period is 12 months for all products.
7.4. The provisions in section 7.2 do not apply to goods sold at a lower price due to a defect for which the discount was agreed, wear and tear caused by normal use, or defects that the used goods had at the time of purchase or which follow from the nature of the goods.
7.5. If a defect appears within 12 months of delivery, it is presumed that the goods were defective at the time of delivery. The buyer is entitled to exercise the right from a defect that occurs in consumer goods during the warranty period specified for each product, but at least within 24 months of receipt.
7.6. The buyer must assert the rights from defective performance at the seller’s business premises or registered office, considering the range of sold goods.
7.7. Additional rights and obligations related to the seller's liability for defects are governed by the seller’s complaint policy available on the website.
7.8. If a refund for shipping costs is granted as part of a complaint, it will be provided only up to the lowest offered shipping rate.
7.9. The seller informs the buyer that goods containing chemical adhesives or other compounds may emit an odor upon unpacking. These products are not chemically or medically harmful; the smell will dissipate over time. Such goods cannot be considered defective.
7.10. The seller informs the buyer that product colors may differ slightly from the photos depending on the monitor or phone settings. The actual color is stated in the product description.
8. Additional Rights and Obligations of the Contracting Parties
8.1. The buyer acquires ownership of the goods upon full payment of the purchase price and receipt of the goods.
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. Consumer complaints are handled by the seller via the email address obchod@cosing.cz. The seller will send information about complaint resolution to the buyer’s email address.
8.4. If the buyer is a consumer under applicable law and a consumer dispute arises between COSING s.r.o. and the buyer that cannot be resolved by agreement, the buyer is entitled to initiate out-of-court dispute resolution. The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 24, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz, is the competent authority. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can also be used for resolving disputes between buyer an...
8.5. The European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.
8.6. The seller is authorized to sell goods based on a trade license. Trade control is exercised by the competent trade office. The Office for Personal Data Protection supervises personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.
8.7. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8.8. Personal data protection is provided in accordance with applicable laws, especially Regulation (EU) 2016/679 of the European Parliament and Council, and the privacy policy stated on the website.
9. Communication
9.1. The buyer may be contacted via the buyer’s email address.
10. Final Provisions
10.1. If the relationship based on the Purchase Agreement 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.
10.2. If any provision of these Terms is invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.