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Terms and Conditions

I. BASIC PROVISIONS

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to § 1751 and the following Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

  • company Czech Soul s.r.o.
    with its registered office at Družstevní 2223/21, 62100 Brno
    Identification number: 63488639
    registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 94271
    for the sale of goods through an online store located at the www.gold-bee.eu

(hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the reciprocal rights and obligations of the seller and the natural person who concludes the purchase contract outside of his business as a consumer or in the course of his business (hereinafter referred to as the "Buyer") through a web interface located on the website available at the www.gold-bee.eu website (hereinafter referred to as the "online shop").

3. The terms and conditions are an integral part of the purchase contract. The divergent arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the Purchase Agreement shall be concluded in English.

 

II. INFORMATION ON GOODS AND PRICES

1. Information on the goods, including the prices of the individual goods and its main characteristics, is given for the individual goods in the catalogue of the online store. The prices of the goods are indicated, including value added tax, all related charges and return costs, if by their very nature the goods cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.

2. All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract in respect of these goods.

3. Information on the costs associated with the packaging and delivery of goods shall be published in the online shop. Information on the costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

 

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

1. The costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (internet connection costs, the cost of telephone calls) shall be borne by the Buyer himself. These costs are not different from the base rate.

2. The Buyer shall place an order for the goods in the following ways:

  • through his customer account if he has registered in an online store,
  • by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of pieces of the goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has placed in the order. The buyer sends the order to the seller by clicking the Submit Order button. The information given in the order is considered correct by the seller. The condition of the validity of the order is the completion of all mandatory information in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.

5. Immediately upon receipt of the order, the Seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and shall not be considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after acceptance of the order by the seller. The notice of receipt of the order is delivered to the buyer's e-mail address. / Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. Such confirmation shall be deemed to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the buyer's e-mail address.

6. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send the buyer an amended offer to his e-mail address. The amended offer is considered to be a new draft purchase contract and the purchase contract is concluded in this case by confirmation of the buyer's acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions.

7. All orders received by the Seller are binding. The buyer may cancel the order until the buyer is notified of the receipt of the order by the seller. The Buyer may cancel the order by telephone to the telephone number or email of the seller specified in these Terms and Conditions.

8. In the event that there has been a obvious technical error on the part of the seller when putting the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the buyer at this manifestly incorrect price even if the buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the buyer to his e-mail address an amended offer. The amended offer is considered to be a new draft purchase contract and the purchase contract is concluded in this case by confirmation of receipt by the buyer to the seller's e-mail address.

 

IV. CUSTOMER ACCOUNT

1. Based on the buyer's registration made in the online store, the buyer may access his/her customer account. From their customer account, the buyer can order the goods. The buyer can also order the goods without registration.

2. When registering into 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 contained in the user account upon any change. The information provided by the buyer in the customer account and when ordering the goods is considered correct by the seller.

3. Access to the customer account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer breaches his obligations under the purchase contract or these terms and conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of third party hardware and software equipment.

 

V. PAYMENT TERMS AND DELIVERY OF GOODS

1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:

  • cashless transfer to the seller's bank account No. 2601033616/2010, held with Fio Banka,
  • cashless by credit card,
  • cashless transfer to the Seller's account through the ComGate Payments gateway,
  • cash on delivery,
  • cash or by credit card when personal collection at the premises

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.

3. In the case of cash payment, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.

4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider. [S16]

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.

6. The Seller shall not require the Buyer in advance any advance payment or other similar payment. Payment of the purchase price before the goods are shipped is not an advance payment.

7. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the received revenue with the tax administrator online, in the event of a technical outage at the latest within 48 hours

8. The goods are delivered to the Buyer:

  • to the address specified by the buyer of the order
  • through the delivery point to the address of the dispenser designated by the buyer,
  • personal collection at the seller's premises

9. The method of delivery is made during the ordering of the goods.

10. The cost of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation by the seller. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

11. If the seller is obliged according to the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of a finding of a breach of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to take the consignment from the carrier.

13. The seller shall issue a tax document – invoice to the buyer. The tax document is sent to the buyer's e-mail address./The tax document is attached to the delivered goods.

14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including the cost of delivery, but first by taking over the goods. Liability 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 in violation of the purchase contract he did not do so.

 

VI. WITHDRAWAL

1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period shall be 14 days

  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the supply of several parts
  • from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.

3. The Buyer may not, inter alia, withdraw from the purchase contract:

  • the provision of services, if they were fulfilled with his prior explicit consent before the expiry of the withdrawal period and the seller told the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
  • the supply of goods or services, the price of which depends on the financial market's outsliers, irrespective of the seller's will and which may occur within the withdrawal period,
  • the supply of alcoholic beverages which may be delivered only after thirty days and the price of which depends on the financial market's outs otherwise independent of the seller's will,
  • the supply of goods which have been adapted to the buyer's wishes or for his person,
  • the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery;
  • the delivery of the goods in a sealed container, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
  • the supply of an audio or video recording or computer program if it has breached its original packaging,
  • delivery of newspapers, periodicals or magazines,
  • the supply of digital content, if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that he had no right to withdraw from the contract in such a case,
  • in other cases referred to in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. For withdrawal from the purchase contract, the buyer may use the model form to withdraw from the contract provided by the Seller. The buyer will send the withdrawal from the purchase contract to the seller's e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm to the Buyer the acceptance of the form without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to him without delay, but no later than 14 days after the withdrawal, all funds, including the costs of delivery received from him, in the same manner. The Seller will return the received funds to the Buyer in a different way only if the buyer agrees and if he does not incur additional costs.

8. If the buyer has chosen a method other than the cheapest mode of delivery offered by the seller, the seller shall reimburs the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer transmits the goods to him or proves that he has sent the goods to the seller.

10. The goods must be returned to the seller by the seller undamaged, unworn and unharmed and, if possible, in the original packaging. The seller is entitled to set off unilaterally against the buyer's claim for reimbursement of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the selling out of supplies, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer by means of the e-mail address specified in the order and return all funds, including the costs of delivery received from him under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same manner, or in the manner specified by the buyer.

 

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. The seller shall reply to the buyer that the goods do not have defects upon receipt. In particular, the seller corresponds to the buyer that at the time the buyer took over the goods:

  • the goods have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the seller or the manufacturer or which the buyer expected, taking into account the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are suitable for the purpose given by the seller for their use or for which goods of this kind are normally used,
  • the goods correspond to the quality or execution of the agreed sample or template, if the quality or execution has been determined by the agreed sample or template,
  • the goods are in the appropriate quantity, extent or weight and the goods comply with the requirements of the legislation.

2. The seller shall have obligations arising from defective performance at least to the extent that the obligations arising from the defective performance of the manufacturer. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.

3. Where the goods sold, their packaging, instructions attached to the goods or in advertising in accordance with other legislation indicate the period for which the goods may be used, the provisions on the guarantee for quality shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that he retains his usual characteristics. If the buyer has legitimately criticised the seller for the defect of the goods, there is no period for exercising the rights from the defective performance or the warranty period for the period during which the buyer cannot use the defective goods.

4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to the wear and tear of the goods caused by their normal use, to the goods used for a defect corresponding to the degree of use or wear which the goods had when they were taken over by the buyer, or if this is apparent from the nature of the goods. The right to defective performance does not belong to the buyer if he knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself.

5. In the event of a defect, the Buyer may submit a complaint to the Seller and request:

  • exchange for new goods,
  • repair of goods,
  • reasonable discount on the purchase price,
  • withdraw from the contract.

6. The Buyer shall have the right to withdraw from the contract:

  • if the goods have a material defect,
  • if the item cannot be used properly for the recurrence of defects or defects after repair,
  • in the place of a greater number of defects in the goods.

7. The material is a breach of contract, of which the party infringing the contract already knew or had to know at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseened such breach.

8. In the case of a defect which implies a non-material breach of the contract (regardless of the defect is removable or unreparable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.

9. If there has been a removable defect after repair repeatedly (usually a third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to apply a request for a discount on the purchase price, exchange of goods or withdraw from the contract.

10. When making a claim, the buyer is obliged to inform the Seller what right he has chosen. A change of choice without the seller's consent is possible only if the buyer has requested a correction of the defect, which turns out to be intractable. If the buyer does not choose his right from a material breach of contract in a timely manner, he has the same rights as in the event of a non-substantial breach of contract.

11. If repair or replacement of the goods is not possible, on the basis of withdrawal from the contract, the buyer may request a refund of the purchase price in full.

12. If the Seller proves that the buyer knew or caused the defect before taking over the defect, the Seller is not obliged to comply with the buyer's claim.

13. The Buyer may not claim discounted goods for the reason for which the goods are discounted.

14. The Seller is obliged to accept the complaint in any establishment in which acceptance of the complaint is possible, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what method of settlement of the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the execution of the repair and the duration of the complaint, or a written justification for the rejection of the complaint.

15. The seller or his authorized worker shall decide on the complaint immediately, in complex cases within three working days. This period does not include a period appropriate to the type of product or service required to expertise the defect. Complaints, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller agrees with the buyer for a longer period. The futile expiry of this period is considered to be a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of the claim is considered the moment when the buyer's will speech (exercise of the right from the defective performance) to the seller occurs.

16. The Seller shall inform the Buyer in writing of the result of the complaint.

17. The right of defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

18. In the event of a legitimate claim, the Buyer has the right to reimbursement of the costs incurred in connection with the claim. This right may be exercised by the buyer with the Seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19. The buyer has a choice of the method of complaint.

20. The rights and obligations of the parties regarding the rights of defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act 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 Stipulations.

 

VIII. DELIVERY

1. The Contracting Parties may deliver all written correspondence to each other by e-mail.

2. The Buyer delivers the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.

 

IX. PERSONAL DATA

1. All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us written permission to do so, we will not use the information about you in any way other than for the purpose of performance under the Contract, except for the email address to which you may be sent a commercial communication, as this procedure is permitted by law, unless you refuse it. These communications may only relate to similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or by clicking on the link in the commercial communication). For this purpose, the e-mail address will be kept for 3 years after the conclusion of the last contract between the parties.

2. More detailed information about the protection of personal data can be found in the Privacy Policy HERE

 

X. OUT-OF-COURT DISPUTE RESOLUTION

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Id. No.: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used in the resolution of disputes between the seller and the buyer from the purchase contract.

2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (On-Line Consumer Dispute Resolution Regulation).

3. The seller is entitled to sell the goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade licensing office. The Czech Trade Inspection Authority exercises, to a defined extent, inter alia, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.

 

XI. FINAL PROVISIONS

1. All arrangements between the Seller and the Buyer with 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 the law of the Czech Republic. This is without prejudice to the rights of the consumer resulting from generally binding legislation.

2. The Seller shall not be bound in relation to the Buyer by any codes of conduct within the meaning of § 1826 para. Article 1(1)(b) (e) the Civil Code.

3. All rights to seller's website, in particular copyright in the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or part thereof without the seller's consent.

4. The Seller shall not be liable for errors arising out of third parties' interference in the online store or as a result of its use contrary to its intended use. The Buyer shall not use procedures that could have a negative impact on its operation and may not engage in any activity that may allow him or third parties to unduly interfere with or unduly use software or other components constituting the online store and use the online store or parts or software in such a way as to interfere with its intended or purpose.

5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 para. 2 of the Civil Code.

6. The purchase contract including the terms and conditions is archived by the Seller in electronic form and is not accessible.

7. The terms and conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the period of application of the previous version of the Terms and Conditions.

8. An annex to the Terms and Conditions is a model form for withdrawal.

 

These Terms and Conditions shall take effect on 1.8.2020.

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