Terms and conditions

1. INTRODUCTORY PROVISIONS

   1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Aurawise s.r.o., with registered office at Antala Staška 1859/34,140 00 Praha 4 - Krč, ID No.: 24287750, VAT No.: CZ24287750 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the 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 shop is operated by the Seller on the website located at www.minerals-stones.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

   2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.

   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.

   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 Czech and English. The contract of sale can be concluded in Czech and English.

   5. The Seller may change 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. USER ACCOUNT

1. Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

1. 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 provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

2. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.

3. The buyer is not entitled to allow third parties to use the user account.

4. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than one (1) year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

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

1. CONCLUSION OF THE PURCHASE CONTRACT

1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. Photographs of the goods displayed by the Seller in the web interface of the shop may be illustrative only, unless otherwise stated. Even with regard to the range of goods presented by the Seller, neither the goods nor their price include the provision of a so-called certificate of authenticity of the stone to the Seller.

2. The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the cost of returning the goods if the goods cannot, by their nature, be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the information on the costs associated with the packaging and delivery of goods displayed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech and Slovak Republic. In the case of sending a shipment to a country other than the one specified in these Terms and Conditions, the Seller shall provide the Buyer with information on the costs associated with the packaging and delivery of the goods upon request by e-mail. In the case where the Seller offers free shipping of goods, the right to free shipping of goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be shipped in the amount specified in the web interface of the store. In the event that the Purchaser partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Purchaser has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Purchaser's right to free transport of the goods shall cease and the Purchaser shall be obliged to pay the Seller for the transport of the goods.

4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered into the order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

6. Sending an order is considered to be such an act of the buyer, which identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.

7. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).

8. The draft purchase contract in the form of an order is valid for three calendar days.

9. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

10. The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

11. PRICE OF GOODS AND PAYMENT TERMS

12. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

13. in cash on delivery at the place specified by the buyer in the order;

14. by wire transfer to the Seller's bank accounts with Fio banka a.s. (hereinafter referred to as the "Seller's accounts").

For payment in CZK and USD - account no.: 2502108870/2010, IBAN: CZ0620100000002502108870, SWIFT/BIC: FIOBCZPPXXY.

For payment in EUR - account no.: 2702108891/2010, IBAN: CZ1220100000002702108891, SWIFT/BIC: FIOBCZPPXXY.

- cashlessly through the ComGate payment gateway, operated by ComGate Payments, a.s., headquartered: Prague 7 - Holešovice, Jankovcova 1596/14a, Postal Code 170 00, ID No.: 279 24 505, VAT No. CZ27924505; with which the Seller has a valid contract for the provision of these services, - cashless via Paypal.

15. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. If the buyer does not take delivery of the object of purchase and does not collect the object of purchase even within the alternative storage period, and if the object of purchase is returned to the seller, then:a) the seller is entitled to withdraw from the concluded purchase contract; and at the same time

16. b) the Buyer is obliged to pay the Seller a contractual penalty of CZK 350,- as a lump sum compensation for damages caused by the breach of the Buyer's obligation to accept and pay for the ordered goods pursuant to § 2079 paragraph 1 of the Civil Code; this lump sum compensation includes the wasted costs associated with handling, packaging and processing of the order, including the Seller's postage and delivery charges. This penalty shall be paid by the Buyer to the bank account specified in Article 3.14 of this Purchase Contract within 15 days of the return of the unclaimed goods to the Seller."

17. The Seller does not normally require a deposit or other similar payment from the Buyer. If the order exceeds the value of 10,000 CZK, the Seller may require partial payment in advance (deposit) or full payment of the order in advance.

18. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment by bank transfer, the purchase price is payable within three (3) calendar days of the conclusion of the purchase contract.

19. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

20. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.9), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

21. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

22. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax.

3. WITHDRAWAL FROM THE PURCHASE CONTRACT

1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the delivery of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in closed packaging that the consumer has removed from the packaging.

15. Unless it is a case referred to in Article 4.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. Please send the completed withdrawal form by e-mail to the Seller's e-mail address: info@aurawise.cz Download the form here: form for WITHDRAWAL FROM THE PURCHASE CONTRACT

The Buyer shall return the properly packed goods to the Seller's address without delay: Aurawise s.r.o., Antala Staška 1859/34, 140 00 Praha 4 - Krč, by registered parcel insured for the value of the goods by the Czech Post. Parcels sent on COD will not be accepted! The Seller, after receiving and rechecking the package, will immediately return the purchase price including postage to the bank account supplied by the Buyer.

3. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

4. In the event of withdrawal from the purchase contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of receipt of the returned goods back by the Seller, in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in any other manner, provided that the Buyer agrees to this and no additional costs are incurred by 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 to him.

5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.

4. TRANSPORT AND DELIVERY OF GOODS

1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

3. 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 take delivery of the goods upon delivery. If the buyer fails to do so, he is in breach of the obligations arising from the already concluded purchase contract (§ 2118 of Act No. 89/2012 Coll.:)

4. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than 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 a different method of delivery.

5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.

6. Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

7. You can find the transport options, their price list and solutions for exceptional situations in the section "TRANSPORT AND PAYMENT"

4. RIGHTS FROM DEFECTIVE PERFORMANCE

1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

3. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,

4. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,

5. the goods are in the appropriate quantity, measure or weight; and

6. the goods comply with the requirements of the legislation.

1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance 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 and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. The Seller shall be 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 took delivery of the goods:

4. The Buyer acknowledges and agrees that the photographs of the goods displayed in the web interface of the shop may be illustrative and that, in particular, the actual colour, texture and appearance of the stone may differ from this illustrative representation. This is without prejudice to the Buyer's right to receive goods of the agreed quality on the basis of the purchase.

5. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

6. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of the claim is considered to be the moment of delivery of the consumer's claim to the seller. The complaint must be made without delay in order to prevent the defect from spreading and resulting in the rejection of the complaint. By notifying the defect in good time after it has been discovered, you can ensure that the claim is dealt with smoothly. When the goods are delivered to the specified address, the Buyer is obliged to inspect the goods immediately upon receipt of the goods from the person making the delivery and to complain to the Seller about obvious defects immediately, but no later than the day after receipt of the goods. Later claims for obvious defects will not be accepted by the Seller. When collecting the goods in person, the Buyer is obliged to inspect the goods on receipt and immediately claim any obvious defects from the Seller. Obvious defects of the goods claimed later will not be accepted by the Seller.

6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations. In order to make a complaint, it is necessary to fill in, print and sign the FORM FOR MAKING A COMPLAINT, which the buyer sends by e-mail to the seller's address:info@aurawise.cz , or puts it in the package with the complained goods.

6. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

6. 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.

7. Handling of consumer complaints is provided by the Seller through the electronic addressinfo@aurawise.cz . The Seller sends information about the handling of the Buyer's complaint to the Buyer's electronic address.

8. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located athttp://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

9. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

6. DATA PROTECTION

1. 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 Data Protection Regulation (hereinafter referred to as the "Regulation"), the operator of the e-shop as the administrator of personal data (hereinafter referred to as the "Seller") hereby informs its customers (hereinafter referred to individually as the "Buyer") that:

a) The Buyer's personal data is confidential and is processed by the Seller only for the purpose of processing the Buyer's order.
b) Some of the data provided by the buyer when using the online store www.minerals-stones.com may have the nature of personal data within the meaning of Act No. 110/2019 Coll., on the processing of personal data, as amended. The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").

The Seller fully complies with the currently applicable legal standards and does everything possible to protect the personal data provided by the Buyer.
c) The Buyer is fully aware of the following:
- Ordering goods requires the entry of certain important data in terms of further communication with the Buyer and subsequent delivery of the ordered goods or services.
- Registration requires the entry of certain important data in terms of further communication with the buyer.
- Apart from the data intentionally provided in the context of registration or ordering goods, the Seller does not process or obtain any other information about the Buyers.
- All data provided by the Buyer during the registration or ordering of goods is stored on a secure server.
- All data obtained from buyers is intended only for the responsible staff of the seller and is used exclusively for the purposes of the seller. The Seller does not sell, rent or otherwise transfer this data to third parties.
- The Seller shall do its best to protect the data of the Buyers from misuse and shall not disclose 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) The Buyer consents to the collection, storage and processing of the personal data provided for the period for which the Seller is obliged to keep such data according to generally binding legal regulations, i.e. for a minimum of 5 years according to the Accounting Act or for 10 years according to the VAT Act. The Buyer confirms that the personal data provided is accurate and true and is provided voluntarily. The Buyer is aware that the consent to the processing of personal data may be revoked at any time by written notice delivered to the Seller. During the period for which consent is granted, the Buyer has the right to information about the processing of the personal data provided by him, in particular the right to ask the Seller for an explanation, to have the defective state of affairs eliminated, including blocking, correction, completion or destruction of personal data, and the right to address his complaint to the Office for Personal Data Protection. The Buyer is entitled to request information about what personal data the Seller processes about him, within the scope provided for in the Personal Data Protection Act. The information will be provided without undue delay for a reasonable fee not exceeding the costs necessary to provide such information.

e) The Seller reserves the right to use the Buyer's contact details to send information important for the full use of the products and services provided by the Seller, in accordance with Act No. 480/2004 Coll., on certain information society services, as amended, to which the Buyer agrees. Each buyer has the right to prohibit the sending of this information by the seller at any time by replying to any of the messages sent.

We value your trust and protect your private data from misuse.

9. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

   1. The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address.

   2. The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his consent according to the previous sentence at any time.

10. SUBMISSION

1. The Buyer may be served at the Buyer's electronic address.

9. FINAL PROVISIONS

1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

2. If any provision of the Terms and Conditions is or becomes 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 shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

4. Seller's contact details - delivery address: Aurawise s.r.o., Antala Staška 1859/34, 140 00 Prague 4 - Krč, e-mail address:info@aurawise.cz , telephone: +420 776 696 690

APPENDIX: form for WITHDRAWAL FROM THE PURCHASE AGREEMENT

In Prague on 16.2.2024

Overview of Czech hallmarks:

The operator of the online shop www.minerals-stones.com - Aurawise s.r.o. - is a dealer in precious metals, registered with the Assay Office.

Overview of Czech hallmarks: