Terms & conditions

Terms & conditions

Vilgain s.r.o. with registered office at Smetanova 1022/19, Brno 60200, Czech Republic, company identification number 29269555 registered in the Commercial Register maintained at the Brno Regional Court, Section C, File 69673 for the sale of goods via an on‑line store located on the website https://vilgain.co.uk.

1. General

1.1. These terms and conditions (the “Terms and Conditions”) of the company Vilgain s.r.o., with registered office at Smetanova 1022/19, Brno 60200, Czech Republic, company identification number: 29269555 registered in the Commercial Register maintained at the Brno Regional Court, Section C, File 69673 (the “Seller”) cover the mutual rights and obligations of in connection with or on the basis of the purchase contract (the “Purchase Contract“) concluded between the Seller and an individual or entity (the “Buyer”) via an on‑line shop of the seller. The on‑line shop is operated by the seller on a website located at https://vilgain.co.uk (the “Website”) via web interface (“Web Interface”).

1.2. The Terms and Conditions cover contracts between the Seller and Buyers who are consumers (under the Consumer Rights Act 2015). The Terms and Conditions do not apply in cases where an individual intending to purchase goods from the Seller is a legal entity or person acting with the purpose of ordering goods for their business or in the pursuit of their profession.

1.3. Any deviations from the Terms and Conditions can be agreed in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the Terms and Conditions.

1.4. The establishment of the Terms and Conditions is an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are in English.

1.5. The Terms and Conditions may be changed or supplemented by the Seller, from time to time. Any such changes or supplements shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions (applying at the time the Buyer makes a purchase on the Website). The Buyer should check the Terms and Conditions each time it makes a purchase on the Website.

2. User account

2.1. Upon registration of the Buyer on the website, the Buyer can access their user interface. From its user interface, the Buyer may order goods (the "User Account"). In case the Web Interface of the shop allows it, the Buyer may also order goods without registration directly from the Web Interface of the on‑line shop.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information stated in the User Account to account for and at the point of any change. The information given by the Buyer in the User Account and when ordering goods may be assumed by the Seller to be correct.

2.3. User Account access is secured by 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 third parties to use the User Account.

2.5. The Seller may cancel or suspend the User Account, especially if the Buyer violates their obligations resulting from the Purchase Agreement (including Terms and Conditions) or if the Buyer demonstrates behaviour in conflict with applicable laws in the UK.

2.6. Buyer acknowledges that the User Account may not be available uninterruptedly, especially with regard to the necessary maintenance of hardware and software of the Seller or necessary maintenance of hardware and software of third parties.

3. Entering into a purchase contract

3.1. The entire presentation of goods placed in the Web Interface of the shop is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods.

3.2. The Web Interface of the shop contains information about the goods, including prices of individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route (subject to a Buyer’s consumer law rights). The listed prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed in the store's Web Interface. This does not limit the Seller's ability to conclude a Purchase Agreement under separately agreed conditions with a Buyer.

3.3. The Web Interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of goods listed in the Web Interface is only valid in cases where the goods are delivered within defined territories.

3.4. For the order of goods, the Buyer fills in an order form in the Web Interface of the shop. The order form contains information about:

3.4.1. ordered goods (the buyer “inserts” the desired goods into the electronic shopping cart of the Web Interface of the on‑line shop);

3.4.2. the method of payment for the ordered goods; and

3.4.3.  the method of delivery and the costs associated with the delivery of the goods (the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, so that the Buyer has the opportunity to detect and correct errors in the entered data into the Order. The Buyer sends the order to the Seller by clicking the "Send Order" button. The information entered into the Order may be assumed to be correct by the Seller. Immediately upon receipt of the Order, the Seller confirms this receipt to the Buyer by an e‑mail to the e‑mail address of the Buyer specified in the user account or order.

3.6. Depending on the nature of the order (quantity of goods, price, estimated shipping costs), the Seller may ask the Buyer for additional confirmation of the order (by e‑mail or by phone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of an Order acceptance, sent to the Buyer by e‑mail to the Buyer's e‑mail address.

3.8. The Buyer agrees to use the means of online communication to conclude the purchase contract. The costs incurred by the Buyer when using the means of online communication in connection with the conclusion of the Purchase Contract (the cost of internet access, the cost of telephone calls) are paid by the Buyer and these costs do not differ from the basic rate.

4. The prices and terms of payment

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract can be paid by the Buyer only by the available payment methods stated in the Web Interface before or at the time of sending the Order.

4.2. Together with the purchase price, the Buyer is also obliged to pay the costs associated with packaging and delivery of the goods at the agreed amount. Unless explicitly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

4.3. The Seller does not require the Buyer to make a deposit or another similar payment, instead the full purchase price is payable upfront. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment(for example, credit card, PayPal or Klarna), the purchase price is payable within 24 hours of the conclusion of the Purchase Contract.

4.5. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer.

4.6. Any offers for discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.7. The purchase price for the goods is inclusive of amounts in respect of value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under the Terms and Conditions by the Seller to the Buyer, the Buyer agrees, on receipt of a valid VAT invoice from the Seller, to pay to the Seller such additional amounts in respect of VAT as are chargeable on the supply of the goods at the same time as payment is due for the supply of the goods.

4.8. The Seller may offer Klarna as a payment method. In doing so, the Seller may, in the checkout, pass the Buyer’s personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether the Buyer qualifies for their payment methods and to tailor those payment methods for the Buyer. The Buyer’s personal data transferred is processed in line with the Seller’s privacy policy at https://vilgain.co.uk/privacy and Klarna’s own privacy notice.

5. Withdrawal from the purchase contract

5.1. The Purchase Contract will continue to operate until such time as the Seller has satisfactorily supplied the goods to the Buyer (without limiting any of the Buyer’s rights at law or under the Terms and Conditions, including in respect of defective goods). The right to cancel in Article 5.2 does not exist for the following contracts:

• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

5.2. Right to cancel: The Buyer has the right to cancel this contract within 14 days without giving the Seller any reason. The cancellation period will expire after 14 days from the day on which the Buyer or a third party other than a carrier specified by the Buyer, comes into physical possession of the goods (or the last delivery of the goods, if split into different deliveries). To exercise the right to cancel, you must inform the Seller by post or e‑mail at Smetanova 1022/19, 602 00 Brno, Czech Republic, or support@vilgain.co.uk of the Buyer’s decision to cancel by a clear statement. The Buyer may use the form at Attachment 1 to the Terms and Conditions. To meet the cancellation deadline, it is sufficient for the Buyer to send the correspondence concerning the exercise of the right of cancel before the cancellation period has expired.

5.3. In case of cancellation in accordance with Article 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. All goods must be returned to the Seller within fourteen (14) days of cancellation. The Buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.

5.4. In case of cancellation according to Article 5.2 of the Terms and Conditions, provided the Seller has received the returned goods, the Seller shall refund the purchase price received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller is not obliged to refund the purchase price to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller.

5.5. The Buyer shall only be liable to the Seller for the reduction of the value of the goods resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods If the Buyer wishes to exercise its right to cancel under Article 5.2 within the statutory period of fourteen days, and if within this period the value of the goods has been reduced, the Seller is entitled to claim damages for unnecessary handling of the goods by the Buyer by unilaterally deducting a reasonable amount from the price against the Buyer's claim refund the entire purchase price.

5.6. If a gift is given to the Buyer by the Seller together with the goods, the gift contract between the Seller and the Buyer is concluded with a condition that if the Buyer cancels under Article 5.2, the gift contract for such gift is lost and the Buyer is obliged to return the goods to the Seller together with the provided gift.

6. Transport and delivery of goods

6.1. The Seller recommends the Buyer select one of the shipment/delivery options on the Website. In case the manner of shipment is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this manner of shipment.

6.2. The delivery of goods usually takes 2‑14 days, and an estimate is provided on the Website at the time an Order is placed. It always depends on the place of delivery and the current usage of delivery companies.

6.3. Under the Purchase Contract, if the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to collect the goods upon delivery.

6.4. In the event that the goods must be delivered repeatedly or by a manner of shipment another than stated in the Order for reasons occurring on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or costs associated with other means of delivery respectively.

6.5. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. If there is damage to the packaging of the goods, such that the goods are spoiled or exposed, the Buyer may reject the goods.

7. Defective Performance Rights

7.1. The Seller is under a legal duty to supply goods that are in conformity with the Terms and Conditions.

7.2. The Seller warrants to the Buyer that the goods will have no defects upon delivery. The Seller has the risk in the goods until the goods come into the physical possession of the Buyer (or a third party specified by the Buyer, other than a carrier). The Seller guarantees that:

7.2.1. the goods have properties that the parties have agreed and if the Purchase Contract is missing, they have properties that the Seller or manufacturer has described or which the Buyer has reasonably expected with regard to the nature of the goods and the advertising they perform,

7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used;

7.2.3. goods comply with applicable legal requirements; and

7.2.4. the goods correspond to the quality or design of the agreed sample or template if the quality or design was determined according to the agreed sample or template.

7.3. Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for wear and tear caused by its normal use or if it is due to the nature of the goods.

7.4. The rights of defective performance shall be applied by the Buyer at the Seller's address at the premises of the Seller where the acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly at the registered office or place of business.

7.5. Further rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure, by submitting a form here. 

8. Further rights and obligations of the parties

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.2. The handling of consumer complaints is by the Seller is via the electronic address support@vilgain.co.uk. The Seller shall send any decision in respect a Buyer's complaint to the Buyer's e‑mail address.

8.3 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.

9. Protection of personal data

9.1. The Seller will only use the Buyer’s Personal Data as set out in its Privacy Policy, available at https://vilgain.co.uk/privacy.

10. Communication

10.1. The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's email address

11. Delivery

11.1. The goods shall be delivered to the Buyer's address specified in their user account or specified by the Buyer in the order.

12. Final provisions

12.1. The Terms and Conditions are governed by the laws of England and Wales.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

12.2. If any establishment of the Terms and Conditions is invalid or ineffective, or it becomes such, instead of the invalid provision, it shall as far as possible be interpreted  with a meaning 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. Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of the Terms and Conditions, nothing in the Terms and Conditions confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

12.5. Contact details of the Seller: delivery address Smetanova 1022/19, 602 00 Brno, e‑mail address support@vilgain.co.uk, telephone +44 20 3769 0574.

Last Updated: 22 April 2024

Attachment 1 – Form of Cancellation Notice

(Complete and return this form only if you wish to withdraw from the contract)

To Vilgain s.r.o., Smetanova 1022/19, 602 00 Brno, Czech Republic

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate