Terms and Conditions
Terms of trade
Tradesman: Ing. Jan Kynický
Domicile: Blatná 173, 667 01 Vojkovice, Czech republic
Identification number: 76152821
VAT: CZ8503174207 (payer of VAT)
1. INTRODUCTORY PROVISIONS
Following terms of trade ( thereinafter as „terms of trade“) of tradesman Ing. Jan Kynický, with domicile at Blatná 173, 667 01 Vojkovice, Czech republic (thereinafter as „vendor“) designate mutual rights and duties of parties to a contract, which arise either from purchase agreement or in relation to it ( thereinafter as „purchase agreement), made between the vendor and another natural or artificial person (thereinafter as „vendee“) through internet shop of the vendor. The internet shop is driven on the web page www.topminerals.cz, through web interface (thereinafter as „web interface of the shop“). Terms of trade furthermore designate rights and duties of parties to a contract during usage of the web page of the vendor placed on address www.topminerals.cz (thereinafter as „web page“) and other relating legal obligations. Provisions differing from terms of trade can be appointed in the purchase agreement. Differing provisions in the purchase agreement are superior to provisions in terms of trade. Provisions in terms of trade are indivisible part of purchase agreement. The definition of terms of trade can be changed or complemented by the vendor. Following definition of provisions does not affect rights and duties ensued within operation of previous definition of terms of trade.
2. USER ACCOUNT
The vendee can enter user interface on the base of registration realized on the web page. The vendee can therefore order for goods from his own interface (thereinafter as „user account“). Web interface of the shop also enables to realize orders directly from the web interface of the shop, without registration. The vendee obliges to state truthful and correct information during the registration on the web page and when ordering for goods. The vendee is obliged to state data in the user account truthfully and correctly in case of any change. The vendee is obliged to update the data stated in the user account, in case of any change. Data stated by the vendee in the user account, when ordering the goods, are considered as correct by the vendor. Access to the user account is secured by user name and password. Vendee is obliged to keep silent about information necessary to access the user account and acknowledges, that the vendor is not responsible for violation of this duty by the vendee. The vendee is not authorized to enable third party to use his/her user account. The vendor can cancel the user account, particularly if the vendee does not use the user account for more than (12) months and if the vendee trespasses his/her duties resulting from the purchase agreement (including terms of trade). The vendee acknowledges, that the user account may not be accessible constantly, above all due to required maintainance of hardware and software equipment of the vendor or third parties.
3. MAKING OF PURCHASE AGREEMENT
Web interface of the shop contains list of goods offered by the vendor, including pricelist of each item. The offer and prices of goods are valid as long as they are displayed in the web interface of the shop. Mentioned provision does not restrict vendor´s possibility to make purchase agreement based on individually discussed conditions. All the offers of goods placed in the web interface of the shop are null and the vendor is not obliged to make purchase agreement in respect thereof. The web interface of the shop also includes information about costs related to package and delivery of products. Information about costs related to package and delivery of goods stated in the web interface of the shop are valid only in case of delivery within Czech republic. Vendee has to fill in the order form in the web interface of the shop to order for goods. The order form contains information mainly about:
- ordered goods (ordered products are inserted into electronic shopping basket in the web interface of the shop),
- type of payment of the purchase price of the goods,
information about required method of delivery of ordered goods and information about costs related to the delivery ( thereinafter as „order“).
Before sending the order to the vendor, the vendee is enabled to check and change data, which the vendee inserted in the order, considering the possibility to find out and correct mistakes created during filling in the order. Order is sent by the vendee to the vendor by clicking the button „ORDER PRODUCTS“. Data stated in the order are considered as correct by the vendor. The vendor confirms receiving the order from the vendee immediately after receiving the order by electronic post, by sending confirmation to the electronic address of the vendee stated in the user interface or in the order (thereinafter as „electronic address of the vendee“).
The vendor is at all times authorized, depending on the form of the order (amount of goods, purchase price, supposed delivery costs), to ask the vendee to confirm the order additionally (for example written or telephone confirmation). Contractual relation between the vendor and the vendee arises from delivery of reception of the order (acceptance), which is sent by the vendor to the vendee through electronic post to the electronic address of the vendee. The vendee acknowledges, that the vendor is not obliged to make purchase agreement, above all with people, who previously violated significantly purchase agreement (including terms of trade). The vendee agrees with usage of long distance communication means when making the purchase agreement. The costs of usage of communication means related to making the purchase agreement (cost of internet connection, cost of phonecalls) are paid by the vendee.
Sale of czech paleontological specimens is possible exclusively in the Czech Republic.
4. PRICE OF PRODUCTS AND PAYMENT CONDITIONS
The price of products and costs related to delivery of the goods, according to the purchase agreement, can be paid by the vendee as follows:
- Bank transfer to the vendor´s account num: 2100351632/2010 (IBAN CZ3420100000002100351632 and SWIF code FIOBCZPPXXX), administered by Fio bank, Ltd. (thereinafter as “vendor´s account“)
- Bank transfer (from Slovakia only) to the vendor´s account num: 2400251086/2010 (IBAN CZ7220100000002400251086 and SWIF code FIOBCZPPXXX), administered by Fio bank, Ltd. (thereinafter as “vendor´s account“)
The vendee is obliged to pay the vendor the purchase price and also costs related to package and delivery of the goods, altogether. If not stated otherwise, the purchase price is furthermore understood as including the costs related to the delivery of the goods. In case of bank transfer, the purchase price is due within (10) days of the purchase agreement. In case of bank transfer, the vendee is obliged to pay the purchase price together with reporting variable symbol. In case of bank transfer, the duty of the vendee to pay the purchase price is fulfiled when the amount is credited on the account of the vendor. The vendor has the right to require full payment of the purchase price before the product is sent to the vendee, especially if there is no additional confirmation of the order (paragraph 3). Relevant discounts provided by the vendor for the vendee can not be combined mutually. If it is common in trading or if it is specified by general mandatory statutes, the vendor provides tax certificate-invoice for payments assesed on the basis of purchase agreement. The vendor does not pay VAT. Tax certificate- invoice is provided by the vendor for the vendee after the purchase price is paid and is sent in real form together with purchased product.
5. AVOIDANCE OF PURCHASE AGREEMENT
The vendee is eligible for avoidance of purchase agreement on schedule of (14) days from acceptance of goods, in compliance with § 1829 of the Civil Code. The avoidance of purchase agreement has to be delivered provably to the vendor within (14) days from acceptance of goods, namely to the address of the vendor Ing. Jan Kynický, Blatná 173, 667 01 Vojkovice, or to the electronic address of the vendor email@example.com. Avoidance of purchase agreement cancels the purchase agreement from the very beginning. Goods have to be returned to the vendor within (10) working days since remittance of the purchase agreement to the vendor. Goods have to be returned to the vendor undamaged, mint and in the original package.
On schedule of (15) days since return of the goods from the vendee to the vendor, the vendor is eligible for revision of the returned products, namely to find out if the returned products are not damaged or magged. In case of avoidance of the purchase agreement, the vendor returns the purchase price (without costs related to delivery of goods and manipulation fee) to the vendee within (15) days counted since the end of schedule for revision of goods, the purchase price will be transfered to account provided by the vendee. The vendee acknowledges, that if the goods returned by the vendee will be damaged or magged, the vendor is eligible for compensation for damage, resulting from this situation. The vendor is eligible for subtracting the compensation for damage from the purchase price that is claimed to be returned by the vendee.
The possibility of avoidance of purchase agreement according to the Civil Code (law num. 40/1969 Sb.) § 53 paragraph. 7 expires, if the products were collected in person at the domicile of the vendor or any other place, where the vendee had the chance to revise or check over the products. The vendee can not avoid the purchase agreement according to the § 53 par. 7 of the Civil Code about delivery of the products, that have been modified on the base of vendee´s request.
6. TRANSPORT AND DELIVERY OF GOODS
Method of delivery is established by the vendor, if the purchase agreement does not state otherwise. If the method of delivery is stipulated on the base of vendee´s request, the vendee is held responsible for the risk or eventual additional costs related to chosen method of delivery. If the vendor is obliged, according to the purchase agreement, to deliver the goods to a destination specified by the vendee in the order, the vendee is therefore obliged to collect the products at the time of delivery. If the vendee does not collect the goods at the time of delivery, the vendor is eligible for requirement of storage fee of 30 Euro and is also eligible for avoidance of purchase agreement. If there are reasons on the side of vendee, for which the goods have to be sent repeatedly or through different service than stated in the purchase agreement, the vendee is therefore obliged to pay the costs related to repeated delivery or delivery through different service. When collecting the goods from the transporter, the vendee is obliged to check over the package and in case of any defect, inform the transporter immediately. In case the package is damaged in a way, that it is clear, that it has been ilegally opened, the vendee does not have to accept the product from the transporter. By signing the bill of delivery, the vendee confirms, that the delivery of goods met all the conditions and requirements and later complaint of the damage of package will not be refunded. Further rights and duties of parties during delivery of goods can be modified by delivery conditions of the vendor.
All the goods are stored. The order will be fulfiled within 2-4 working days since acceptance of the order.
Please note that we're currently unable to ship to addresses beyond the European Union.
7. RESPONSIBILITY FOR DEFECTS, WARRANTY
Rights and duties of parties to contract related to responsibility for defects, including warranty responsibility of the vendor, are in compliance with relevant mandatory statutes (above all provision § 2161 Sb and following of the Civil Code ). Legitimate warranty is 24 months. Marketed samples of minerals are displayed on photographs or videos strictly for informative purpose. Their color does not have to meet the reality exactly. The size of samples in reality does not have to correspond with that on photographs and videos (very often various details are displayed), therefore pay attention to the information in the description of each item in the list. Complaints of such type will not be acknowledged. The rights of vendee resulting from vendor´s responsibility for defects, including responsibility for warranty, will be reclaimed by the vendee at vendor´s address:
Complaints – www.topminerals.cz
Ing. Jan Kynický
667 01 Vojkovice
8. FURTHER RIGHTS AND DUTIES OF PARTIES TO CONTRACT
The vendor is eligible for refusal of livery of the goods, if the vendee does not pay the purchase price in time. The vendor is eligible for avoidance of purchase agreement if:
- - The vendee does not pay the purchase price within (10) days since it´s due, in case of bank transfer,
- - The vendee assumes the ownership of goods by paying the total purchase price.
The vendee acknowledges, that program equipment and other parts composing web interface of the shop (including the photos of offered goods, apart from the ones meant for this purpose) are protected by copyright. The vendee binds not to do any activity that could enable him/her or third parties to ilegally interrupt or misuse program equipment or other parts creating the web interface of the shop. The vendee is not eligible for usage of mechanisms, program equipment or other actions, which might have negative effect on running of the web interface of the shop, when using the web interface of the shop. Web interface of the shop can be used only in the range, where rights of other customers of the vendor are not affected and purpose for which it is meant for. The vendee, in relation to the vendor, is not bound by any behavioural codex by course of § 1826 par. 1 law num. 89/2012 Sb., the civil code, as amended by later regulations ( thereinafter as „the Civil Code“) The vendee acknowledges, that the vendor is not held responsible for mistakes resulting from activities of third parties on the web pages, or user account, which are in contradiction with their purpose.
9. PERSONAL DATA PROTECTION
- - All the data provided during order are confidential.
- - The vendor is obliged to delete registered customer from the database, if the customer sends written request (including e-mail).
- - Any form of dispose of personal data on www.topminerals.cz is in compliance with the law num.101/2000 Sb. about personal data protection.
- - Vendee agrees with processing following data: name, surname, address, phone number, electronic post address, if provided then also: account number, identification number and tax identification number (thereinafter together as „personal data“).
- - The vendee agrees with data processing by the vendor for purpose of user account management, realization of rights and duties resulting from purchase agreement and for sending information and business announcements to the vendee.
- - The vendee acknowledges the obligation to fill in correct personal data (during registration, in the user account or in the order from the web interface of the shop) and the obligation to assign any kind of change of the personal data to the user account.
If not contracted otherwise, whole corespondence related to the purchase agreement has to be delivered to the other party to a contract in written form, namely through electronic post, in person or by registered postal service of the postal provider. Information are sent to the vendee´s electronic address assigned in his/her user account or when ordering from the web interface of the shop. Message is delivered:
- - In case of electronic post delivery at the time of acceptance by the server of income post,
- - In case of personal or postal delivery at the time of collection of the parcel by the recipient,
- - In case of personal or postal delivery also by rejecting the collection of the parcel by the recipient (or person entitled to collect the parcel),
- - In case of postal delivery also by expiration of (10) days term since storage of the parcel and appealing to the recipient to collect the stored parcel, if the parcel is stored at the postal service provider, even though the recipient hasn´t known about storage of the parcel.
11. FINAL DISPOSITIONS
By sending the electronic order, the vendee accepts unconditionally all the provisions of terms of trade in definition valid at the day of the order, as well as the price of the ordered goods valid for the day of the order, including the cost of delivery. Please note that we're currently unable to ship to addresses beyond the European Union.
The parties concluded explicitly in accordance with § 262 paragraph 1 of the Civil Code , that if not specified otherwise, their rights and duties comply with the Civil Code, above all with § 409 and following.