TERMS AND CONDITIONS
for sale of goods through an online store located at www.minerals-stones.com
- These Business Terms and Conditions (hereinafter referred to as the "Terms of Business") of Aurawise s.r.o, with its registered office at Antala Staška 1859/34,140 00 Praha 4 - Krč, CRN: 24287750, VAT: CZ24287750 (hereinafter referred to as the "Seller" (1) of the Act No. 89/2012 Coll., The Civil Code (the "Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") via the seller's internet shop. The e-shop is operated by the seller on a web site located at www.minerals-stones.com (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
- Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
- Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
- Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in Czech and English. The purchase contract can be concluded in Czech and English.
- The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
- Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
- When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
- Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
- The buyer is not authorized to allow the use of the user account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for more than one (1) year, or if the buyer breaches his obligations under the sales contract (including business terms).
- The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
3. THE PURCHASE CONTRACT
- All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply. The photos of the goods displayed by the seller in the web interface of the store may be illustrative only, unless otherwise indicated. Even with regard to the range of goods presented by the seller, the goods or their price does not include the so-called certificate of authenticity of the stone to the seller.
- The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the cost of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
- The store's web interface also includes information on the cost of packing and delivering goods. Except as expressly stated, information on the costs associated with the packaging and delivery of goods displayed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics. In the case of sending a consignment to a country other than those specified in these terms and conditions, the seller shall inform the buyer about the cost of packaging and delivering the goods by electronic mail. In the case where the seller offers free goods transport, the right to free goods transport on the buyer's side is a prerequisite for payment of the minimum total purchase price of the transported goods at the amount specified in the web interface of the shop. In the case of a partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods not withdrawn from the contract by the buyer does not reach the minimum amount required to create the right to free goods under the preceding sentence the buyer's right to transport the goods free of charge and the buyer is obliged to pay for the goods to the seller.
- To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
a) ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
b) the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
c) information on the costs associated with the supply of goods (collectively referred to as "the order").
- Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The details given in the order are considered correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer's email address listed in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
- The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
- The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
- buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
PRODUCT PRICE AND PAYMENT CONDITIONS
- The buyer may pay the buyer the following goods in the following manner the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
a) cash in cash at the place specified by the buyer in the order;
b) cashless transfer to seller's account No.205801506/0600, SWIFT: AGBACZPP, IBAN: CZ8706000000000205801506 kept at MONETA Money Bank, a.s. (hereinafter referred to as the "Seller Account"); cashless through the ComGate payment gateway, operated by ComGate Payments, a.s., registered office: Prague 7 - Holešovice, Jankovcova 1596 / 14a, postal code 170 00 CRN: 279 24 505, VAT: CZ27924505; with which the seller has a valid contract for the provision of these services; cashless through PayPal account. If you need help, please contact us on e-mail address firstname.lastname@example.org
- Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
- By default, the seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance. In the event that the order exceeds the value of CZK 50,000, the seller may require a partial payment in advance (deposit).
- In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within tree (3) working days of the conclusion of the purchase contract.
- In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- The Seller is entitled, in particular, in the event that the buyer does not receive the additional confirmation of the order (Article 3.7), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
- Any discounts on the price of goods provided by the seller to the buyer can not be combined.
- If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer.
- You will find transport options and their price list in the "TRANSPORT AND PAYMENT" section.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Buyer notes that, according to the provisions of Section §1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods , which after the delivery was irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer had removed from the packaging.
- If the case is not referred to in Article 4.1 of the Commercial Terms and Conditions or in another case when the contract of sale can not be withdrawn, the Buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to 14 ) from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. Withdrawal from the sales contract may be made by the buyer, inter alia, to the seller's address or e-mail address of the seller: email@example.com The form can be downloaded here: Notice of withdrawal from the purchase contract Properly packaged goods will be returned by the buyer immediately to the seller's address: Aurawise s.r.o., Antala Staška 1859/34, 140 00 Prague 4 - Krč, by registered package insured for the value of the goods through the Czech Post. Packages sent cash on delivery will not be accepted! After receiving and checking the package, the seller will immediately return the purchase price incl. postage to the bank account provided by the buyer.
- In the case of withdrawal from the purchase contract according to Art. 4.2 of the Business Terms, the Purchase Contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
- In the event of withdrawal from the Purchase Agreement under Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
- The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
- In cases where the buyer has the right to withdraw from the sales contract in accordance with the provision of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer acquires the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit card to the buyer's account.
- If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
5. TRANSPORT AND SUPPLY OF GOODS
- If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
- If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
- Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
- Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
6. LAW OF FAULT FULFILLMENT
- The laws and obligations of the parties regarding defective performance are governed by applicable 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 and Consumer Protection Act 634/1992 Coll. as amended).
- The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
a) the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
b) the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
d) the goods are in the appropriate quantity, degree or weight and
e) goods comply with legal requirements.
- The Buyer acknowledges and agrees that the photographs of the goods displayed in the web interface of the store may be illustrative and that in particular the actual color, structure and appearance of the stone may differ from this illustrative illustration. This does not affect the purchaser's right to receive the agreed quality on the basis of the purchase goods.
- The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to its normal use, buyer, or if it results from the nature of the goods.
- If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
- Rights of defective performance are exercised by the buyer at the seller's address at his premises, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
- The consumer handles consumer complaints through firstname.lastname@example.org. Buyer information will be sent to the buyer's electronic address.
- The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes in the purchase contract. The online dispute resolution platform, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the sales contract.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
8. PROTECTION OF PERSONAL DATA
The operator of the e-shop as a personal data controller (hereinafter referred to as the "Seller") herewith, in accordance with the provisions of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Regulation on the Protection of Personal Data hereinafter referred to as the "Regulation"), informs its customers (hereinafter referred to as the "Buyer") that:
(a) Buyer's personal data are confidential and are processed by the seller solely for the purpose of executing the buyer's order.
b) Some data provided by the buyer when using the internet store www.minerals-stones.com may have the nature of personal data in the sense of Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as "ZOOÚ"). The buyer agrees that the seller collects the personal data of the buyer listed on the order, processes and maintains it as an administrator within the meaning of the ZOOU. The seller is fully governed by the ZOOU and does everything in his power to protect the personal data provided by the buyer.
c) The Buyer is fully aware of the following:
• The ordering of the goods requires the input of some important data for further communication with the buyer and subsequent delivery of ordered goods or services.
• Registration requires some important data to be communicated to the buyer.
• In addition to the information intentionally communicated as part of the registration or ordering of the goods, the seller does not process or gain any further information about the buyers.
• All data that the buyer provides during his registration or ordering of the goods are stored on a secure server.
• All data obtained from buyers is only for the seller's responsible employees and serves solely for the purposes of the seller. Seller does not sell, rent or sell this data to third parties.
• The Seller will do the utmost to protect buyer data from misuse and will not provide it to third parties without the consent of the buyer. This obligation does not apply to data that may be requested by the Police of the Czech Republic or other state authorities under applicable law.
d) Buyer agrees to collect, store and process the provided personal data for as long as the Seller is obliged to keep this data according to generally binding legal regulations, at least for 5 years according to the Act on Accounting or for 10 years according to the VAT Act . Buyer acknowledges that the personal data provided are accurate and true and are provided on a voluntary basis. Buyer is aware that consent to the processing of personal data may be revoked at any time by written notice delivered to the Seller. The buyer has the right to receive information about the processing of personal data provided by the buyer, including the right to ask the seller for explanation, removal of the defective condition, including blocking, repairing, supplementing or disposing of personal data, and the right to address his / Office for Personal Data Protection. The buyer is entitled to request information about the personal data he / she is processing on the seller in the extent specified by the ZOOU. The information shall be provided without undue delay for reasonable reimbursement not exceeding the costs necessary to provide such information.
e) The Seller reserves the right to use the Buyer's contact information to send information relevant to the full use of the products and services provided by it, in accordance with Act No. 480/2004 Coll., on Certain Information Society Services, as amended, with which buyer agrees. Every buyer has the right to disable this information from the seller at any time, and he or she answers any of the messages sent.
We appreciate your trust and we protect your privacy against misuse.
9. SENDING BUSINESS COMMUNICATIONS AND STORAGE COOKIES
- Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
- Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being placed on the purchaser's computer, the buyer may withdraw the consent under the preceding sentence at any time.
- The buyer may be delivered to the buyer's electronic address.
11. FINAL PROVISIONS
- If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
- If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- Contact details of the seller - address for delivery: Aurawise s.r.o., Antala Staška 1859/34, 140 00 Praha 4 - Krč, e-mail: email@example.com, phone: +420 776 696 690