Terms and Conditions
I. General Provisions
1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code").
- KRISTJAN s.r.o.
- Company ID:26030446
- Tax ID:CZ26030446
- Registered office: Latrán 3,38101 Český Krumlov
- Contact details:
- Email: dode@seznam.cz
- Phone: +420 734 818 599
(hereinafter referred to as "the seller")
2. These Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase agreement outside their business activities as a consumer, or within their business activities (hereinafter referred to as "the buyer") through a web interface located on the website available at the internet address www.vltavín-moldavite.cz (hereinafter "online store").
3. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating agreements in the purchase agreement take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.
II. Information about Goods and Prices
1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. The prices of the goods include value-added tax, all related fees, and the costs for returning goods, if such goods cannot be returned by usual postal route due to their nature. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase agreement under individually negotiated conditions.
2. All presentations of goods placed in the online store catalog are of an informative character, and the seller is not obliged to enter into a purchase agreement regarding these goods.
3. The online store publishes information about costs associated with packaging and delivery of goods. The information on costs related to packaging and delivery stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
4. Any discounts from the purchase price of goods cannot be combined unless the seller agrees otherwise with the buyer.
III. Order and Conclusion of the Purchase Agreement
1. Costs incurred by the buyer in using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer places an order for goods in the following ways:
- Through their customer account, after having registered in the online store
- By filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the number of pieces, the method of payment, and delivery.
4. Before submitting the order, the buyer is allowed to check and change the information that the buyer has entered into the order. The order is sent by the buyer to the seller by clicking on the button.... The data entered in the order are considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these Terms and Conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the buyer's email address entered during the ordering process. This confirmation is automatic and is not considered as a conclusion of the contract. Attached to the confirmation are the current Terms and Conditions of the seller. The purchase agreement is concluded only after acceptance of the order by the seller. Notification of acceptance of the order is sent to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address entered by the buyer during the ordering process. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current Terms and Conditions of the seller. The purchase agreement is concluded by confirming the order by the seller to the buyer's email address.
6. If the seller cannot fulfill any of the requirements stated in the order, he sends the buyer a modified offer to his email address. The modified offer is considered a new proposal for a purchase agreement and the purchase agreement is in such a case concluded by confirmation of acceptance of this offer by the buyer to the seller's email address stated in these Terms and Conditions.
7. All orders received by the seller are binding. The buyer may cancel the order until the buyer has received a notification of acceptance of the order from the seller. The buyer may cancel the order by phone to the phone number or email of the seller stated in these Terms and Conditions.
8. In the event that an obvious technical error occurred on the part of the seller when setting the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer received an automatic confirmation of the order receipt according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement in such a case is concluded by confirmation of acceptance by the buyer to the seller’s email address.
IV. Customer Account
1. Based on the buyer’s registration made in the online store, the buyer may access their customer account. From their customer account, the buyer can order goods. The buyer may also order goods without registration.
2. When registering for a customer account and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data mentioned in the user account whenever there are changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow the use of the customer account by third parties.
5. The seller may cancel the user account, especially if the buyer no longer uses their user account, or if the buyer breaches their obligations from the purchase agreement or these terms and conditions.
6. The buyer acknowledges that the user account may not be continuously available, especially due to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties.
V. Payment Terms and Delivery of Goods
1. The buyer can pay the price of the goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:
- Non-cash transfer to the seller's bank account number: 7100004502 / 8040., held at Oberbank Czech Republic.
- Non-cash by payment card.
- Non-cash transfer to the seller's account through a payment gateway.
- Cash on delivery when handing over the goods.
- In cash or by payment card at personal collection at the establishment at Latrán 6, 381 01 Český Krumlov.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with delivery of goods.
3. In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within .... days from the conclusion of the purchase agreement.
4. In case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider. Online payments for us are provided by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before dispatching the goods is not a deposit.
7. According to the law on sales records, the seller is required to issue a receipt to the buyer. The seller must also record the received sales online with the tax administrator, and in the event of a technical outage, no later than 48 hours later.
8. The goods are delivered to the buyer:
- To the address specified by the buyer in the order,
- Through a parcel pickup point at the address specified by the buyer,
- By personal pickup at the seller's location.
9. The choice of delivery method is made during the ordering process.
10. The costs of delivering the goods, depending on the method of dispatch and receipt, are stated in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obligated under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. If it is necessary due to reasons on the buyer's side to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obligated to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. In case of finding damage to the packaging indicating unauthorized entry into the shipment, the buyer may refuse to accept the shipment from the carrier.
13. The seller issues the buyer a tax document – an invoice. The tax document is sent to the buyer's email address.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking possession of the goods. The responsibility for accidental destruction, damage, or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in contravention of the purchase contract.
VI. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. The deadline for withdrawal from the contract is 14 days:
- From the day of receiving the goods,
- From the day of receiving the last delivery of goods, if the subject of the contract involves several types of goods or the delivery of several parts,
- From the day of receiving the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer cannot withdraw from the purchase contract in several cases, including
- Provision of services, if they were fulfilled with his prior explicit consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that he would not have the right to withdraw from the contract in such a case,
- Supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will, which may occur during the withdrawal period,
- Delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the will of the seller,
- Delivery of goods that were made to the buyer's specifications or for his person,
- Supply of goods that are liable to deteriorate rapidly, as well as goods that were irreversibly mixed with other items after delivery,
- Supply of sealed goods which were unsealed by the buyer and are not suitable for return due to health protection or hygiene reasons,
- Supply of sound or video recordings or computer software if the buyer has broken their seal,
- Delivery of newspapers, periodicals, or magazines,
- Delivery of digital content not supplied on a tangible medium if it was delivered with the buyer's prior explicit consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that he would not have the right to withdraw from the contract in such a case,
- In other cases listed in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. For withdrawal from the purchase contract, the buyer may use the standard form provided by the seller. The withdrawal from the purchase contract should be sent to the seller's email or postal address stated in these business conditions. The seller will immediately confirm receipt of the form to the buyer.
6. The buyer, who has withdrawn from the contract, is obligated to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by usual postal route due to their nature.
7. If the buyer withdraws from the contract, the seller must immediately, but no later than within 14 days of the withdrawal from the contract, return all received payments including delivery costs, in the same way they were made. The seller will only return the money by a different method if the buyer agrees and if it does not incur additional costs for the buyer.
8. If the buyer chooses a different method of delivery than the cheapest one offered by the seller, the seller will refund the buyer the cost of delivery equivalent to the cheapest offered method.
9. If the buyer withdraws from the purchase contract, the seller is not required to refund the received payments before the buyer has returned the goods or proven that the goods have been dispatched to the seller.
10. The buyer must return the goods undamaged, unused, and uncontaminated, and if possible, in their original packaging. The seller is entitled to deduct any damage to the goods from the buyer’s refund of the purchase price.
11. The seller has the right to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will refund all received payments including delivery costs within 14 days of the notification of withdrawal from the contract, in the same manner or by a method specified by the buyer.
VII. Rights from defective performance
1. The seller guarantees that the goods have no defects upon receipt. Specifically, the seller guarantees that at the time the buyer received the goods:
- The goods have the properties agreed upon by the parties, and if no agreement was made, the goods have the properties described by the seller or manufacturer, or which the buyer expected based on the nature of the goods and the advertising conducted by them,
- The goods are fit for the purpose stated by the seller or for which goods of that type are normally used,
- The goods correspond in quality or execution to the agreed sample or model, if the quality or design was defined by the agreed sample or model,
- The goods are in the appropriate quantity, measure, or weight and comply with legal regulations.
2. The obligations from defective performance are at least to the extent of the obligations from defective performance by the manufacturer. Otherwise, the buyer is entitled to exercise the right from a defect that appears on consumer goods within twenty-four months of receipt.
3. If the sold goods, their packaging, instructions included with the goods, or the advertising complies with other legal regulations and specify the period during which the goods can be used, the provisions on warranty for quality apply. By the warranty for quality, the seller commits that the goods will be usable for a usual purpose for a certain time or will maintain usual characteristics. If the buyer rightly points out a defect to the seller, the period for exercising rights from defective performance and the warranty period will not run for the time the buyer cannot use the defective goods.
4. Provisions stated in the previous paragraph do not apply to goods sold at a reduced price due to a defect, wear caused by its usual use, used goods for a defect corresponding to the degree of use or wear the goods had when received by the buyer, or if it arises from the nature of the goods. The right from defective performance does not belong to the buyer if the buyer knew about the defect before taking over the goods or if the buyer caused the defect themselves.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:
- Replacement with new goods,
- Repair of the goods,
- A reasonable discount from the purchase price,
- Withdrawal from the contract.
6. The buyer has the right to withdraw from the contract:
- If the goods have a substantial defect,
- If the goods cannot be properly used due to the recurrence of the defect or defects after repair,
- In case of a larger number of defects.
7. A substantial breach of the contract is such a breach of the contract that the breaching party knew or must have known at the time of the contract conclusion that the other party would not have concluded the contract if it had foreseen this breach.
8. For a defect that constitutes a non-substantial breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to receive a reasonable discount on the purchase price.
9. If a removable defect recurs after repair (typically the third claim for the same defect or the fourth for different defects) or if the goods have a larger number of defects (typically at least three defects simultaneously), the buyer has the right to request a discount from the purchase price, replacement of the goods, or to withdraw from the contract.
10. When making a claim, the buyer is obliged to inform the seller which right they have chosen. Changing this choice without the seller's consent is only possible if the buyer requested a repair of a defect that turns out to be irremovable. If the buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach.
11. If repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may request a full refund of the purchase price.
12. If the seller proves that the buyer was aware of the defect before receiving the goods or caused the defect themselves, the seller is not obliged to fulfill the buyer's claim.
13. The buyer cannot claim discounted goods due to the reason for which the goods were discounted.
14. The seller is obliged to accept complaints in any establishment where accepting complaints is possible, or at the headquarters or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised their right, the content of the complaint, and the method of handling the complaint the buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
15. The seller or their authorized employee decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for professional assessment of the defect. The complaint, including the elimination of the defect, must be resolved without delay, no later than 30 days from the day of making the complaint, unless the seller and buyer agree on a longer period. Failure to meet this deadline is considered a significant breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of making the complaint is considered to be when the buyer's will to exercise their right of defective performance is communicated to the seller.
16. The seller informs the buyer in writing about the result of the complaint.
17. The right to defective performance does not belong to the buyer if the buyer knew before taking over that the item had a defect or if the buyer caused the defect themselves.
18. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to making the complaint. This right can be exercised by the buyer within one month after the warranty period expires, otherwise, the court may not grant it.
19. The buyer has the choice of how to make the complaint.
20. The rights and obligations of the contractual parties regarding defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code, and by Law No. 634/1992 Coll., on consumer protection.
21. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.
VIII. Delivery
1. The contractual parties may deliver all written correspondence to each other via email.
2. The buyer delivers correspondence to the seller at the email address stated in these business conditions. The seller delivers correspondence to the buyer at the email address stated in the buyer's customer account or in the order.
IX. Personal Data
1. All information provided during our cooperation is confidential, and we will treat it as such. Unless you provide written consent, we will not use your information for any purpose other than fulfilling the contract, except for the email address, which may receive marketing communications as this method is permitted by law, unless you opt out. These communications may only relate to similar or related goods and can be unsubscribed at any time in a simple manner (by sending a letter, email, or clicking a link in the marketing communication). The email address will be kept for this purpose for three years after the last contract between the parties.
2. You can find more detailed information on personal data protection in the Privacy Policy HERE.
X. Out-of-Court Dispute Resolution
1. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from 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 purchase contract.
2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, with the website: http://www.evropskyspotrebitel.cz, serves as the contact point according to 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 Consumer ODR).
3. The seller is authorized to sell goods based on a business license. The relevant trade licensing office conducts the business inspection within its scope of authority. The Czech Trade Inspection Authority, within a defined scope, supervises the compliance with Law No. 634/1992 Coll., on consumer protection, among other duties.
XI. Final Provisions
1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer as per Section 1826(1)(e) of the Civil Code.
3. All rights to the seller's websites, especially copyright to content including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or parts of it without the seller's consent.
4. The seller is not responsible for errors resulting from third-party interventions into the online store or from its use in a manner contrary to its purpose. The buyer must not use procedures that could negatively affect its operation and must not perform any activity that could allow him or third parties to unlawfully interfere with or use the software or other components making up the online store and use the online store or its parts or software equipment in a manner contrary to its purpose.
5. By this, the buyer assumes the risk of a change of circumstances as defined in Section 1765(2) of the Civil Code.
6. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the business terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations that arose during the period of effectiveness of the previous version of the terms and conditions.
8. The business terms and conditions include a standard form for withdrawal from the contract.
These business terms and conditions take effect on the date...
