TERMS AND CONDITIONS OF THE COMPANY ČESKÉ DUKÁTY s.r.o.
1. INTRODUCTORY PROVISIONS
These Terms and Conditions (hereinafter “T&C”) regulate the relations between the contractual parties to a purchase agreement, namely the companies ČESKÉ DUKÁTY s.r.o., Company ID: 04889827, Tax ID: CZ04889827, registered office: Rýdlova 1237/24, 251 01 Říčany, entered in the Commercial Register kept by the Prague Municipal Court, File No. C 255210, as the Seller (hereinafter also the “Seller”) and Buyer as the party of the second part.
A buyer can be either a consumer or an entrepreneur. A consumer is anyone who enters into an agreement with the Seller or is otherwise engaged in dealings with the Seller outside of the framework of the buyer’s business activities or outside of the framework of the buyer’s independent professional activity. An entrepreneur is furthermore anyone independently engaged in gainful activity on one’s own behalf and responsibility with the intent of doing so systematically for the purpose of earning a profit. For the purposes of consumer protection, also regarded as an entrepreneur is anyone who enters into an agreement relating to one’s own business, manufacturing etc. or within the framework of independently engaging in a profession, or anyone who is acting in behalf and on the responsibility of an entrepreneur. If the buyer states an identification number on the order, the buyer acknowledges that the rules set forth in the T&C for entrepreneurs apply to the buyer.
2. BEFORE THE SIGNING OF A PURCHASE AGREEMENT
Offering of goods
The Seller’s offering of goods presented on the internet website (hereinafter the “Website”) is of a purely informational character. The offering of goods is not regarded as a proposal to supply goods within the meaning of § 1732 (2) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), i.e., it is only an invitation to submit a tender, and the Seller is not under obligation to enter into a purchase agreement involving the offered goods.
Order
A buyer can create an order using the form on the website e-shop. When making an order using the form, the buyer first selects the goods, the required quantity, the delivery method, and the payment method, then the buyer confirms the order, thereby submitting a binding proposal for entering into a purchase agreement between the buyer and the operator within the meaning of § 1732 (1) of the Civil Code.
By submitting an order, the buyer confirms that he has become familiar with these T&C before entering into the agreement and that he gives his explicit consent thereto in the version that was valid and effective at the moment when the order was submitted.
3. ENTERING INTO A PURCHASE AGREEMENT
Confirmation of an order
The purchase agreement is concluded at the moment when the Seller’s confirmation of acceptance of the buyer’s proposal is delivered to the buyer, usually by means of a message sent to the buyer’s electronic address provided in the order. Each party bears its own costs as they arise to them when entering into the purchase agreement. At the moment when the purchase agreement is concluded, the Seller undertakes to turn over to the buyer the object of the purchase and to enable they buyer to acquire the right of ownership thereto, and the buyer undertakes to take possession of the object and to pay the purchase price to the Seller.
Reserving the right of ownership
At the same time, the Seller reserves the right of ownership of the object until the purchase price is paid in full. The Seller shall turn over to the buyer the object together with documents pertaining thereto and shall enable the buyer to acquire the right of ownership of the object in accordance with the agreement.
Handover and receipt of the object
The Seller shall fulfil the duty of handing the object over to the buyer, shall enable the buyer to handle the object at the site of performance, and shall inform him about this promptly. If the Seller is to send the object, it shall hand over the object to the buyer, who is an entrepreneur, by turning it over to the first carrier for delivery for the buyer (entrepreneur) and shall enable the buyer (entrepreneur) to exercise his rights under the delivery agreement with the carrier. In relation to the consumer, the seller does not turn the object over to the buyer until the carrier turns the object over to the consumer. The Seller shall inform the buyer about the sending of the object on the electronic address stated by the buyer in the order. The Seller shall turn over to the buyer the object of the purchase in the agreed quantity, quality, and design. If it is not agreed how the object is to be packaged, the Seller shall package the object in the customary manner. The Seller is entitled to add the costs of sending the object to the price of the order in accordance with the carrier’s current price list.
Passing of risk of damage to the object
The risk of damage passes to the buyer by receipt of the object. The result is the same if the buyer does not take possession of the object although the Seller has enabled the buyer to handle it. Damage to the object occurring after the passing to the buyer of the risk of damage to the object shall have no bearing upon the duty of paying the purchase price. This does not apply if the damage has been caused by breach of the Seller’s duty. As possible, the buyer shall inspect the object as soon as possible after the passing of the risk of damage to the object and shall check the object’s properties and quantity. Delay by the buyer with taking possession of the object entitles the Seller to sell the object after prior warning at the expense of the buyer in an appropriate manner after the Seller has provided an additional appropriate deadline for taking possession. This also applies if the buyer defaults on payment of the purchase price of the object. Unless the contractual parties agree otherwise individually in the purchase agreement, the Seller is not required to hand over the object before it can be proven that the purchase price of the object has been paid.
Liability for defects, quality guarantee, claims of defects
If received goods are in some way deficient (e.g. they are not in the agreed or usually expected quantity, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the appropriate quantity, size, weight, or quality, or do not comply with other legal or contractual conditions), this shall constitute defects to the goods for which the Seller is liable. Within six months of receipt of the goods, it is assumed that a defect to the goods existed already before receipt of the goods. No later than within two years of receipt of the goods, at its discretion the buyer may exercise a claim for the seller to correct the defect free of charge or to give an adequate discount of the purchase price; if this is not appropriate given the character of the defect (especially if the defect cannot be corrected without undue delay), a claim can be exercised for the supplying of a new object that is free of defects or component of the object if only part of the object is defective. If repairing or exchanging the goods is not possible, the buyer many demand a full refund of the purchase price on the basis of withdrawal from the agreement.
The Seller is not under obligation to satisfy a claim of the buyer if it is shown that the buyer was aware of the defect to the goods before acceptance or that the buyer has caused the defect to the goods. In case of the sale of used goods, the Seller is not liable for defects corresponding to the degree of previous use or wear. For objects sold at a lower price, the Seller is not liable for a defect because of which a lower price was agreed. In those cases, instead of a right to an exchange, the buyer is entitled to an adequate discount.
The Seller is liable for defects arising after receipt of the goods during a 24-month warranty period. During that period, the buyer can make claims of defects by sending them to the electronic address of the Seller stated on the website in the section “contacts” or at the Seller’s headquarters or to the person so designated on the website during usual business hours. The buyer shall send the claim of defects to the Seller or the designated party for correction without undue delay after determination of the defect. When making a claim in writing or electronically, the claimant should provide contact information, a description of the defect, and requirements for handling the claim e.
The Seller is not liable for damages arising as a consequence of usual wear or failure to comply with the instructions for use. The buyer shall provide proof of purchase of the goods (usually by a bill of sale). The deadline for handling a claim is counted from the moment of the handover or delivery of the goods to the Seller or to the place designated for repair. The goods should be suitably packaged for transport in appropriate packaging to prevent damage, and should be clean and complete. The Seller shall decide on the claim without delay, no later than within three workdays, or shall decide that an expert evaluation is required for the decision. The Seller shall inform the buyer of the decision on the need for an expert evaluation by the deadline. The Seller shall handle the claim including the correction of defects without undue delay and no later than within 30 days of the making of the claim unless the Seller and buyer have agreed on a longer deadline in writing. If the Seller refuses to correct a defect that does not prevent the usual use of the object, the buyer may demand an appropriate price discount. The Seller shall inform the buyer about the handling of the buyer’s claim by a message sent to the electronic address or sent by SMS text messaging.
Prices and terms of payment
All prices are by agreement. The Seller’s website always has the current, valid prices. Prices shown for individual objects are final, i.e., including VAT and all other taxes and fees that the buyer must pay to acquire the object, but this does not apply to any fees for shipping, collect on delivery etc.
The buyer acknowledges that isolated instances may occur when an agreement is not concluded between the Seller and the buyer, especially in cases when the buyer orders goods at a price advertised in error as a result of an error of the Seller’s internal information system. In such a case, the Seller shall inform the buyer of such a circumstance. The buyer acknowledges that in such cases, a purchase agreement cannot be validly concluded.
The Seller accepts the following terms of payment:
• payment in cash or by payment card upon purchase;
• payment in advance by direct deposit;
• collect-on-delivery (the carrier collects cash payment from the buyer, and the buyer also pays the collect-on-delivery fee).
Limited offer
The seller offers goods in what are called limited editions, which are issued on commemorative occasions to celebrate a person or a historical event. A limited edition consists of a limited number of items of goods with special collectors’ value. In order for the Seller to ensure that a larger number of buyers will have the possibility of buying goods from the limited edition, the Seller reserves the right to limit the number of items from a limited edition that it will sell to a single buyer or to related persons or to persons who are otherwise connected with a buyer. The limited number of items will be determined individually depending upon the kind and type of limited edition, and the goods will always be designated as a limited edition and the quantity of items that a buyer can purchase will be stated. The Seller is entitled not to enter into a purchase agreement for goods from a limited edition with a buyer if the Seller determines that there may occur a circumvention of the provision on the limited quantity of sold items of goods from a limited edition to the favour of a single buyer.
4. WITHDRAWAL FROM THE AGREEMENT
Withdrawal of a consumer from the agreement
A consumer is entitled to withdraw from the agreement within a deadline of fourteen days. The deadline for withdrawal from the purchase agreement is counted from the day of receipt of the goods. If the consumer withdraws from the agreement, he shall send or hand over the object he has received from the seller back to the seller at his own expense without undue delay and no later than within 14 days of withdrawal from the agreement. The consumer shall return the goods in full, i.e. including all supplied accessories, with the complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods. However, the consumer is liable to the Seller only for diminished value of the object arising as a consequence of its handling in a manner different from what is necessary in view of its nature and properties.
If the consumer withdraws from the agreement, the Seller shall return to the consumer all money received from the consumer on the basis of the agreement without undue delay no later than within 14 days of withdrawal from the agreement in the same manner. If the consumer withdraws from the agreement, the Seller is under no obligation to refund money until the consumer hands over the object to the Seller. The consumer acknowledges that if gifts are provided with the object, the gift agreement between the Seller and the buyer has been entered into with the stipulation that if the right to withdraw from the purchase agreement is exercised within a deadline of 14 days, the donation agreement ceases to be binding and is seen as null and void from its inception, and the consumer shall return the gifts given in connection therewith together with the returned goods, including everything with which the buyer has been enriched. If these gifts are not returned, their value shall be regarded as unjust enrichment of the consumer. If it is not possible to hand over and object of unjust enrichment, the Seller is entitled to monetary compensation in the amount of the open market value. In case of withdrawal from the gift agreement, the purchase agreement is not cancelled, and in this respect the agreements are regarded as separate. If the buyer fails to report a defect promptly, the right to withdraw from the agreement is forfeited.
5. PROVISIONS IN CONNECTION WITH THE PROTECTION OF PERSONAL DATA – GDPR
In view of European legislation and specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Seller hereby declares that it has taken all appropriate technical, procedural, and organisational measures for the protection of the personal data of personal data subjects. It furthermore declares that access to this data is available only to contractual processors and to public authorities on the basis of legal authorisation. More detailed information about the processing of personal data are found in the information memorandum on the processing of personal data, which is published on the website www.ceskedukaty.cz.
6. CONCLUDING PROVISIONS
A buyer who is a consumer is entitled pursuant to Act No. 634/1992 Coll., the Consumer Protection Act, as amended, to an out-of-court settlement of a consumer dispute from a purchase agreement or service agreement. The subject that is authorised to conduct out-of-court settlement proceedings is the Czech Trade Inspection Authority. More details are available at the website www.coi.cz.
The operator may amend or supplement the T&C. Amended T&C take effect on the day when they are announced. Such an amendment shall have no bearing upon the rights and duties of the operator and buyer arising before the date when the new version of the T&C takes effect.
The legal relations between the contractual parties of the purchase agreement are governed by Act No. 89/2012, the Civil Code, Act No. 634/1992 Coll., and other legislation as amended.
These Terms and Conditions are in effect from 25 May 2018.
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