BUSINESS TERMS AND CONDITIONS
of MIRACLE CRYSTAL s.r.o
with its registered office in Prague 1 – Nové Město, Revoluční 1082/8, postal code 110 00, Identification No. (IČ): 02756285, entered in the Commercial Register administered by the Municipal Court in Prague, Section C, Entry No.223465, for the sale of goods through the on-line shop on the website www.miraclecrystal.com
1.1. These Business Terms and Conditions (hereinafter the “Business Conditions”) of MIRACLE CRYSTAL s.r.o. with its registered office in Prague 1 – Nové Město, Revoluční 1082/8, postal code 110 00, Identification No. (IČ): 02756285, entered in the Commercial Register administered by the Municipal Court in Prague, Section C, Entry No. 223465 (hereinafter the “Seller”) stipulate in compliance with the provisions of Section 1751(1) of Act No. 89/2012, Coll., the Civil Code (hereinafter the “Civil Code”) the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement(hereinafter the “Purchase Agreement”) concluded between the seller and another individual (hereinafter the “Purchaser”) through the Seller’s Internet shop. The Seller operates its Internet shop on the website www.miraclecrystal.com (hereinafter
the “Website”) through a website interface (hereinafter the “Shop Website Interface”).
1.2. These Business Conditions shall not apply to cases where a person who/that wishes to purchase goods from the Seller is a legal entity or a person who orders goods within the framework of his/her business or within the framework of independent performance of his/her job.
1.3. It is possible to agree on provisions differing from these Business Conditions in the Purchase Agreement. Different covenants in the Purchase Agreement shall prevail over the provisions of these Business Conditions.
1.4. The provisions of these Business Conditions shall constitute integral parts of
the Purchase Agreement. The Purchase Agreement and the Business Conditions have been prepared in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Business Conditions. This provision shall be without prejudice to the rights and obligations arising throughout the effective period of the previous wording of the Business Conditions.
2. USER ACCOUNT
2.1. On the basis of the Purchaser’s registration on the Website, the Purchaser has access to its user interface. The Purchaser may order goods from its user interface (hereinafter the “User Account”). Where the Shop Website Interface so enables, the Purchaser may also order goods without the registration directly from the Shop Website Interface.
2.2. During the registration on the Website and when ordering goods, the Purchaser shall be obliged to state correct and true data. Should the data stated on the User Account change, the Purchaser shall be obliged to update such data. Data which the Purchaser states on the User Account and when ordering goods shall be considered correct by the Seller.
2.3. The access to the User Account shall be secured by a user name and a password. The Purchaser shall be obliged to keep confidential the information necessary to get access to its User Account.
2.4. The Purchaser shall not be entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular in the event where the Purchaser has not used its User Account for more than 365 days or if the Purchaser breaches his/her obligations arising from the Purchase Agreement (including these Business Conditions).
2.6. The Purchaser shall take into account that the User Account need not be permanently available, in particular due to necessary maintenance of the Seller’s or third-party hardware and software.
3. EXECUTION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed on the Shop Website Interface is of an informative character only and the Seller shall not be obliged to conclude the Purchase Agreement on such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Shop Website Interface contains information on goods, including prices of individual goods items and costs of returning goods if due to the goods substance the goods cannot be returned by standard post. The prices of goods include the value added tax and all related fees and charges. The prices of goods shall remain valid throughout the period when they are stated on the Shop Website Interface. This provision shall not limit the Seller’s possibility to enter into the Purchase Agreement under individually agreed conditions.
3.3. The Shop Website Interface also contains information on the costs of packaging and delivering goods. The information on the costs of packaging and delivering goods stated on the Shop Website Interface shall only apply when goods are delivered in the Czech Republic.
3.4. To order goods, the Purchaser shall fill in an order form on the Shop Website Interface. The order form shall contain in particular information on:
3.4.1. ordered goods (the Purchaser shall "add" ordered goods to the Shop Website Interface electronic basket);
3.4.2. the method of payment the goods purchase price and data on the requested method of delivering ordered goods; and
3.4.3. information on the costs of delivering goods (hereinafter jointly referred to as the “Order”).
3.5. Before the Order is sent to the Seller, the Purchaser may check and change the data stated by the Purchaser in the order with regard to the fact that the Purchaser may find and correct errors occurring when entering data into the Order. The Purchaser shall send the Order to the Seller by clicking on “ADD TO BASKET”. The data stated in the Order shall be considered correct by the Seller. Immediately upon receiving the Order, the Seller shall confirm such receipt to the Purchaser by e-mail to the Purchaser’s e-mail address stated in the User Account or in the Order (hereinafter the “Purchaser’s E-mail Address”.
3.6. The Seller shall always be entitled depending on the Order character (amount of goods, purchase price or assumed transport costs) to ask the Purchaser to additionally confirm the Order (for example in writing or by phone).
3.7. The contractual relationship between the Seller and the Purchaser shall be established by delivering the receipt of the Order (acceptance) that shall be e-mailed to the Purchaser to his/her e-mail address.
3.8. The Purchaser agrees with using long-distance communication means to conclude the Purchase Agreement. The costs incurred by the Purchaser when using long-distance communication means in connection with the conclusion of the Purchase Agreement (Internet or phone calls costs) shall be borne by the Purchaser; such costs shall not differ from the basic rate.
4. GOODS PRICE AND PAYMENT CONDITIONS
4.1. The Purchaser may pay the goods price to the Seller, including potential costs of delivering goods under the Purchase Agreement, as follows:
- by interbank transfer to the Seller’s accounts No. 107-8750930297/0100 (for payments in EUR) or 107-8751050267/0100 (for payments in USD) with Komerční banka, a.s. (hereinafter the “Seller’s Account”);
- by a payment card; or
- online through PayPal (www.paypal.com).
4.2. Together with the purchase price, the Purchaser shall be obliged to reimburse the Seller for the agreed costs of packaging and delivering goods. Unless expressly stated otherwise, the costs of delivering goods shall also be understood as the purchase price.
4.3. The Seller shall not request an advance or any other similar payment from the Purchaser. This fact shall be without prejudice to the provisions of Article hereof regarding the obligation to pay the goods purchase price in advance.
4.4. If the case of a non-cash payment, the purchase price shall be payable within seven days following the execution o of the Purchase Agreement.
4.5. In the case of a non-cash payment, the Purchaser shall be obliged to state the payment variable symbol when paying the goods purchase price. In the case of a non-cash payment, the Purchaser’s obligation to pay the purchase price shall be fulfilled at the moment when the relevant amount is credited to the Seller’s Account.
4.6. The Seller shall be entitled, in particular if the Purchaser fails to additionally confirm the Order (under Article ), to request that the full purchase price is paid prior to dispatching goods to the Purchaser. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Potential discounts on the goods price provided by the Seller to the Purchaser may not be combined.
4.8. Where it is a standard business practice or if set forth by generally binding legal regulations, the Seller shall issue an invoice (tax document) for payments made under the Purchase Agreement. The Seller is a value added tax payer. The Seller shall issue such invoice for the Purchaser after the goods price is paid and shall e-mail it to the Purchaser’s e-mail address.
5. RESCISSION OF THE PURCHASE AGREEMENT
5.1. The Purchaser shall take into account that pursuant to the provisions of Section 1837 of the Civil Code, it is impossible to rescind a Purchase Agreement on the supply of goods that were adjusted in accordance with the Purchaser’s wish or for the Purchaser, a Purchase Agreement on the supply of quickly perishable goods or goods that were irreversibly mixed with other goods after delivery, a Purchase Agreement on the supply of goods in sealed packaging that the consumer took out from the packaging and that for public health reasons cannot be returned and a Purchase Agreement on the supply of an audio or video recording or a PC program, if the consumer damaged its original packaging.
5.2. Except for the cases stated in Article 5.1 or any other case where it is impossible to rescind the Purchase Agreement, the Purchaser shall be entitled to rescind the Purchase Agreement in compliance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days following the goods takeover. Where several kinds of goods or delivery of several parts constitute a subject of the Purchase Agreement, said period shall commence on the day of the takeover of the last goods supply. A notice of rescission of the Purchase Agreement must be sent to the Seller within the deadline set forth in the preceding sentence. To rescind the Purchase Agreement, the Purchaser may use the sample form provided by the Seller, which constitutes an annex to these Business Conditions. The Purchaser may send the notice of rescission of the Purchase Agreement inter alia to the address of the Seller’s establishment or to the Seller’s e-mail address firstname.lastname@example.org.
5.3. Where the Purchase Agreement is rescinded under Article hereof, the Purchase Agreement shall be terminated ex tunc. Goods must be returned to the Seller within fourteen (14) days following the rescission of the Purchase Agreement. Where the Purchaser rescinds the Purchase Agreement, the Purchaser shall bear the costs of returning goods to the Seller, even in the event that the goods cannot be returned by standard post due to its nature.
5.4. Where the Purchase Agreement is rescinded under Article hereof, the Seller shall return the funds received from the Purchaser within fourteen (14) days following the rescission of the Purchase Agreement by the Purchaser in the same manner in which the Seller received the same from the Purchaser. The Seller shall also be entitled to return performance rendered by the Purchaser already when goods were returned by the Purchaser or in any other manner provided the Purchaser agrees therewith and incurs no further costs thereby. Where the Purchaser rescinds the Purchase Agreement, the Seller shall not be obliged to return received funds to the Purchaser before the Purchaser returns goods to the Seller or proves that he/she dispatched the same to the Seller.
5.5. The Seller shall be entitled to unilaterally offset the claim to compensation for damage to goods against the Purchaser’s claim to returning the purchase price.
5.6. Until goods are taken over by the Purchaser, the Seller shall be entitled to rescind the Purchase Agreement at any time. In such an event, the Seller shall return the purchase price to the Purchaser without undue delay by interbank transfer to the account stated by the Purchaser.
5.7. Where a gift is provided to the Purchaser together with goods, a donation agreement between the Seller and the Purchaser shall be concluded with a condition subsequent that if the Purchaser rescinds the Purchase Agreement, the donation agreement covering such gift shall become ineffective and the Purchaser shall be obliged to return the gift to the Seller together with goods.
6. GOODS TRANSPORTATION AND DELIVERY
6.1. Where the manner of transport is agreed pursuant to the Purchaser’s special request, the Purchaser shall bear the risk and potential additional costs of such transport.
6.2. Where the Seller is obliged to deliver goods under the Purchase Agreement to the place stated by the Purchaser in the Order, the Purchaser shall be obliged to take over the goods upon the delivery.
6.3. Where on the grounds on the Purchaser’s side goods must be delivered repeatedly or in a manner other than that stated in the Order, the Purchaser shall be obliged to cover the costs of the repeated delivery of the goods or the costs of another delivery method.
6.4. Upon goods are taken over from the carrier, the Purchaser shall be obliged to check whether the goods packaging is not damaged and immediately inform the carrier of any defects. Where packaging is damaged as a result of unauthorized opening of the consignment, the Purchaser shall not be obliged to take over the consignment from the carrier.
6.5. Other rights and obligations of the parties during the goods transport may be stipulated in the Seller’s special delivery conditions if they have been issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties concerning rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular by the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code).
7.2. The Seller shall be liable vis-à-vis the Purchaser that goods shall have no defects upon the takeover. The Seller shall in particular be liable vis-à-vis the Purchaser to the effect that at the time when the Purchaser took over goods:
7.2.1. goods have the qualities agreed between the parties and should such covenant be missing, goods has the qualities described by the Seller or the manufacturer or qualities that the Purchaser expected with regard to the goods character and on the basis of advertising performed by them;
7.2.2. goods are suitable for the purpose stated by the Seller for their use or for which such kind of goods is usually used;
7.2.3. goods quality or design corresponds with the agreed sample or pattern if the quality or design was determined pursuant to the agreed sample or pattern;
7.2.4. goods were delivered in the appropriate quantity, size or weight; and
7.2.5. goods meet legal requirements.
7.3. The provisions of Article hereof shall not apply in the case of goods sold at a lower price to a defect due to which the lower price was agreed, to goods wear and tear caused by usual use thereof, in the case of used goods to a defect corresponding with the extent of the use or wear and tear of goods upon the takeover thereof by the Purchaser or where it results from the goods nature.
7.4. Where a defect shows within six months from the goods takeover, it shall be deemed that the goods were defective already upon the takeover. The Purchaser shall be entitled to exercise the right arising from a defect of consumer goods within twenty-four months following the takeover.
7.5. The Purchaser shall exercise the rights arising from defective performance at the Seller’s establishment where a complaint can be received with regard to the range of goods sold or at the Seller’s registered office or place of business. The moment when the Seller received goods from the Purchaser in respect of which a complaint was raised shall be considered as the moment when the complaint was raised.
7.6. Other rights and obligations of the parties connected with the Seller’s liability for defects may be stipulated in the Seller’s complaint-handling rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Purchaser shall acquire the title to goods upon payment of the full purchase price of the goods.
8.2. The Seller shall not be bound by any code of conduct vis-à-vis the Purchaser pursuant to the provisions of Section 1826 (1)(e) of the Civil Code.
8.3. The Seller shall ensure extrajudicial consumers complaint handling through the e-mail address email@example.com. The Seller shall e-mail information that the Purchaser’s complaint has been settled to the Purchaser’s e-mail address.
8.4. The Seller shall be entitled to sell goods based upon a trade authorization. Trade license inspections are performed by the relevant Trade Licensing Office within the framework of its powers. Supervision of personal data protection is performed by the Personal Data Protection Office. The Czech Commercial Inspectorate inter alia supervises to the specified extent whether Act No. 634/1992, Coll., the Consumer Protection Act, as amended, is complied with.
8.5. The Purchaser shall hereby assume the risk of a change to circumstances pursuant to Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The personal data of the Purchaser who is an individual are protected by Act No. 101/2000, Coll., on Personal Data Protection, as amended.
9.2. The Purchaser agrees with processing of his/her following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, and telephone number (hereinafter jointly referred to as the “Personal Data”).
9.3. The Purchaser agrees that the Seller will process his/her Personal Data to exercise the rights and obligations arising from the Purchase Agreement and to maintain the User Account. Where the Purchaser does not choose any other option, he/she agrees that the Seller will process his/her Personal Data for sending information and commercial communications to the Purchaser. Consent with the Personal Data processing in the full extent under this article shall not constitute a condition that would prevent the conclusion of the Purchase Agreement.
9.4. The Purchaser shall take into account that he/she shall be obliged to state correct and true Personal Data (for registration, on his/her User Account or for an Order carried out from the Shop Website Interface) and to inform the Seller without undue delay of any change to his/her Personal Data.
9.5. The Seller may authorize a third party as a processor to process the Purchaser’s Personal Data. Except for persons transporting goods, the Seller shall not provide the Personal Data to any third parties without the Purchaser’s prior consent.
9.6. The Personal Data shall be processed for an indefinite period of time. The Personal Data shall be processed in an electronic form in an automated manner or in a printed form in a non-automated manner.
9.7. The Purchaser confirms that the Personal Data provided are precise and that the Purchaser has been informed that the Personal Data have been provided voluntarily.
9.8. Should the Purchaser believe that the Seller or the processor (under Article 9.5. hereof) processes his/her Personal data in conflict with the Purchaser's private and personal life protection or in conflict with law, in particular if his/her Personal Data are imprecise with regards to the purpose of their processing, the Purchaser may:
9.8.1. ask the Seller or the processor for an explanation;
9.8.2. request that the Seller or the processor remedies such situation.
9.9. Where the Purchaser requests information on his/her Personal Data processing, the Seller shall be obliged to provide him/her with such information. The Seller shall be entitled to request a reasonable reimbursement for providing information under the preceding sentence, which shall not exceed the necessary costs of providing such information.
10. COMMERCIAL COMMUNICATIONS AND SAVING COOKIES
10.1. The Purchaser agrees that information on the Seller’s goods, services or enterprise will be sent to the Purchaser’s e-mail address and that the Seller will send commercial communications to the Purchaser’s e-mail address.
10.2. The Purchaser agrees that cookies will be saved in its PC. Where it is possible to carry out a purchase on the Website and to fulfill the Seller’s obligations arising from the Purchase Agreement without saving cookies in the Purchaser’s PC, the Purchaser may withdraw the consent under the preceding sentence at any time.
11.1. It is possible to deliver communications for the Purchaser to the Purchaser’s e-mail address.
12. FINAL PROVISIONS
12.1. Should the relationship established by the Purchase Agreement include an international (foreign) element, the parties agree that such relationship shall be governed by Czech law. This fact shall be without prejudice to the consumer rights arising from generally binding legal regulations.
12.2. Should any provisions of these Business Conditions be or become invalid or ineffective, such invalid provisions shall be replaced by provisions whose meaning shall be as close to the invalid provisions as possible. The invalidity or ineffectiveness of one provision shall not render the remaining provisions invalid.
12.3. The Purchase Agreement, including these Business Conditions, shall be archived by the Seller in an electronic form and shall not be available.
12.4. A sample form of rescission of the Purchase Agreement has been attached to these Business Conditions as an annex hereto.
12.5. The Seller’s contact data: delivery address: MIRACLE CRYSTAL s.r.o., Staroměstské nám. 10, 110 00 Prague 1 – Staré Město, Czech Republic; tel.: +420 778 701 801; e-mail address: firstname.lastname@example.org.
In Prague, on 1st January 2015
MIRACLE CRYSTAL s.r.o.
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