TERMS AND CONDITIONS FOR ELECTRONIC SHOP
of Petr Winkelhöfer, business ID: 88368904 , with registered offices at Poláčkova 1827, 356 01 Sokolov, Czech Republic, for the sale of goods through the on-line shop located on the internet address
Subject of Terms and Conditions
Through the electronic shop operated on the web address www.gems-opal.cz (hereinafter “e-shop“) you can conclude purchase contracts as the buyer with Petr Winkelhöfer As the seller.
These Terms and Conditions lay down mutual rights and liabilities of the contracting parties following from their purchase contract or related to it, including the case when the buyer is the consumer, i.e. an individual not acting in connection with goods purchase from the seller as an employee, self-employed or businessman. These Terms and Conditions form an integral part of the purchase contract together with the Complaint Procedure of the seller posted on the e-shop web site. The purchase contract shall be governed by the Terms and Conditions and the Complaint Procedure in the wording effective as of the day of the order placement by the buyer.
Goods Selection, User Account
E-shop includes a presentation of the goods the buyer can order, including the individual goods item prices. The goods presentation in the e-shop is a draft purchase contract for the goods subject to availability and ability of the seller to supply. The seller´s goods stock is updated for the purpose of the e-shop every 24 hours. As a matter of exception, the goods shown in the e-shop display may be out of stock, in such case the buyer will be contacted and offered a suitable alternative to the ordered goods.
On the basis of registration to the e-shop the buyer may open an individual user account through which they can place orders for the goods and follow the order status. Access to the user account is user name and password protected. Goods can also be ordered from the e-shop without registration.
To order goods the buyer places the selected goods items in a shopping basket and fills out the e-shop order form. There the buyer enters their contact, delivery and billing data and the method of the goods delivery and payment. Before the order is submitted the buyer is allowed to check and correct the entered data as needed. The order is completed by clicking on “send an order or confirm an order” button constitution the buyer´s liability to pay for the goods.
Immediately after receiving the order the seller sends an order confirmation to the buyer´s e-mail address entered in the order form.
The purchase contract between the seller and the buyer is executed by order placement by the buyer. The submitted order constituted the liability of the buyer to pay the purchase price of the ordered goods. If the ordered goods are out of stock the buyer is informed; unless an agreement is made on delivery of alternative goods and the seller is unable to arrange for the ordered goods delivery either party is entitled to withdraw from the purchase contract.
Depending on the nature of the order (goods quantity, purchase price amount etc.) the seller is always entitled to ask the buyer for the order reconfirmation, for example by e-mail or by phone.
The buyer can withdraw from the purchase contract (cancel the order) any time after the order placement and receipt of the e-mail order confirmation will the goods takeover by sending an e-mail to firstname.lastname@example.org. Withdrawal can also be implemented through the seller´s withdrawal form available for download on the e-shop web site. If the buyer has already paid the purchase price of the goods the full amount will be refunded to them immediately in the manner described in Art. IX hereof.
The buyer agrees with use of remote communication means for purchase contract execution. The costs of the buyer incurred for use of remote communication means in connection with the purchase contract execution (costs of Internet connection, cost of phone calls) shall be borne by the buyer in compliance with the basic rates.
Transport and Payment
The purchase price can be paid in advance only, by bank transfer, PayPal or by online credit card payment. Fees for the payment effecting are not charged. The goods are delivered by Czech Post transport service.
The transport costs are shown in the following table.
|Transport cost||Carrier||Purchase value for free transport|
|€ 6||Standard Shipping||€ 192|
The goods are shipped from the central warehouse of the seller on the address Poláčkova 1827, 356 01 Sokolov, Czech Republic.
The goods are shipped on the next workday after full purchase price payment to the seller. The delivery date is 3-10 days after the goods shipment date, subject to the delivery destination.
Information to the buyer abut the delivery time, goods collection options and storage periods in the case of another delivery method selection is based on the terms and conditions of the respective carrier.
If the buyer fails to collect the goods within the storage period the seller is entitled to withdraw from the contract, unless another delivery method is validly agreed on.
The ownership right to the goods shall be transferred from the seller onto the buyer after full purchase price payment.
Contract withdrawal in 14 days from the goods takeover
The buyer is entitled to withdraw from the purchase contract without giving the reason for the withdrawal in 14 days from the goods takeover. The withdrawal notice can be delivered to the seller´s registered office address or by email to email@example.com. The withdrawal period shall apply if the buyer sends a notification about the withdrawal within the deadline. The buyer may use the withdrawal form for download on the e-shop web site (here) or attached to the delivered goods.
To speed up the process the buyer is advised to attach a copy of the invoice issued by the seller to the withdrawal notice.
Withdrawal cancels the purchase contract retrospectively from the date of its execution.
In the case of contract withdrawal the buyer shall send the (undamaged, unused and in the original package, if possible) goods with complete accessories to the seller´s registered office address without undue delay, but no later than in 14 days from the contract withdrawal.
The costs of the goods return after the contract withdrawal shall be borne by the buyer, including if the goods, due to their special nature, cannot be returned by ordinary post.
The seller recommends the buyers to return the goods by registered mail or in another manner permitting return delivery monitoring and insurance. This may prevent complications in case of the consignment loss or delay during transport.
The seller shall return the paid purchase price to the buyer (including costs of delivery of the returned goods) in 14 days from the contract withdrawal in the manner in which the purchase price was received by the seller from the buyer, usually by wire transfer to the bank account specified in the withdrawal notice. The purchase price paid by means of PayPal may only be refunded by PayPal. If the buyer has chosen a goods delivery method other than the cheapest one offered by the seller the seller shall return to the buyer the amount corresponding to the cheapest offered method of the goods delivery. The seller is not liable to refund the purchase price to the buyer before receipt of the returned goods or a document that the buyer has shipped the goods back to the seller. In the case of purchase price paid by a gift coupon the seller shall renew validity of the gift coupon if the original validity period of the coupon has not yet expired.
In the case of goods devaluation resulting from the goods handling in a manner other than necessary for acquaintance with the goods nature and properties, including function, the seller shall be entitled to monetary compensation for the damage. In such case the seller shall be entitled to offset its claim for damage compensation against the claim of the buyer for the goods price refund after withdrawal - the buyer shall receive the refund reduced by the relevant amount of the compensation.
The buyer agrees that in compliance with applicable legislation a goods delivery contract cannot be withdrawn from in the case of goods adapted according to individual requirements of the buyer, to the buyer´s figure, or goods delivered in a sealed container and taken out by the buyer and non-returnable to the package for hygienic reasons (for example underwear, socks etc.).
The method of contract withdrawal as described above herein is also applicable to a gift coupon purchase. The withdrawal deadline shall start from the date of the coupon receipt. The seller shall invalidate the coupon immediately after receipt of the contract withdrawal notice. The seller shall refund the paid coupon price in 14 days from the contract withdrawal in the same manner in which it was received from the buyer.
The buyer shall be entitled for replacement of the purchased goods with other goods int he same value (or higher value if the difference is paid by the buyer) in 14 days from the goods takeover. In such case the buyer shall return the unused and undamaged goods, with all parts and accessories, at its cost, to the address of the seller with an exactly specified requirement for the replacement goods. For those purposes the buyer can use the goods replacement form for download on the e-shop web site or attached to the goods delivery. The replacement can also be agreed by e-mail or by phone or through a new order in the e-shop with a note about goods replacement including the original order number. To speed up the process the buyer is advised to attach a copy of the invoice issued by the seller to the withdrawal notice.
In the case of the first replacement within the same order the buyer shall only pay the costs of the original goods return to the seller and the replacement goods shall be delivered to the buyer free of charge. In the case of another replacement within the same order the buyer shall pay for both the original goods return and the replacement goods delivery.
The seller recommends the buyers to return the goods for replacement by registered mail or in another manner permitting return delivery monitoring and insurance. This may prevent complications in case of the consignment loss or delay during transport.
If the goods returned for the purpose of replacement are damaged or otherwise devalued the buyer shall be contacted fr the purpose of further procedure agreement, with consideration of potential claim of the seller for the goods damage compensation.
Principles of Personal Data Processing
The principles of personal data processing are specified in a separate document titled Principles of Personal Data Processing.
The executed purchase contract shall be archived by the seller and delivered to the buyer by e-mail or by ordinary post at the cost of the buyer. Before final order placement the buyer is not bound by its expression and can amend the entered data at its discretion. The seller is not bound by any code of conduct in relation to the buyer. Out-of-court settlement of consumer complaints shall be ensured by the seller via the e-mail firstname.lastname@example.org, with the information about the complaint settlement delivered by the seller to the e-mail address from which the complaint was sent.
Potential disputes between the seller and the buyer may be settled out of court for example by means of the Czech Trade Inspection Authority or via the dispute settlement online platform of the European Commission. For more information about out-of-court dispute settlement with the help of these authorities see the web sites of these entities on the relevant links. The seller recommends to the buyer to address the seller directly with a potential dispute or complaint before resorting to out-of-court dispute settlement, for example via the e-mail address of the seller email@example.com.
Correspondence may be delivered to the seller by e-mail, in person or by ordinary mail. Correspondence to the buyer shall be delivered to the e-mail address specified in the buyer´s user account or placed order.
These terms and conditions include applicable consumer protection legislation of the Czech Republic and are in compliance with the Directive of the European Parliament and of the Council no 2011/83/EU, on consumer rights, amending Council Directive 93/13/EEC and the Directive of the European Parliament and of the Council no 1999/44/EC and repealing Council Directive 85/577/EEC and Directive of the European Parliament and of the Council no 97/7/EC.
The purchase contract and all rights following from it or related to it are governed by the law of the Czech Republic, without prejudice to the consumer rights guaranteed by the foreign legislation of the country of the buyer´s usual residence, if it is the destination where the goods may be delivered.
The buyer warrants and represents that it was acquainted with these terms and the complaint procedure before placing the order and accepts them.
The seller is authorized to sell its goods by a trade certificate. The trade control is performed by the competent Council for Prague 3, Czech Republic. Surveillance over personal data protection is performed by the Personal Data Protection Office of the Czech Republic. In a limited scope, and inter alia, the Czech Trade Inspection Authority performs surveillance over compliance with Act no 634/1992 Coll., on consumer protection, as amended.
If any of the provisions hereof is found to be or becomes invalid or ineffective it will be replaced by a valid provision as close as possible to the meaning and purpose of the invalid provision. The invalidity of this provision shall not affect force and effect of the remaining provisions hereof. Amendments of the purchase contract or the terms and conditions require written form.
These Terms and Conditions are effective since 26 June 2019.
Petr Winkelhöfer / E-SHOP
356 01 Sokolov
GSM: +420 777 589 872