TERMS AND CONDITIONS

TERMS AND CONDITIONS

Commercial Companies: Top Crystal Trade s.r.o., registered office at Příkop 838/6, 602 00 Brno, Czech Republic, Company ID: 04896602, VAT No.: CZ04896602, registered in the Commercial Register of the District Court in Brno, Section C, Insert 92483, for the sale of goods through an online store located at the internet address https://www.top-crystal.com/.

 

1. INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions ("Business Terms") of Top Crystal Trade, s.r.o., registered in Příkop 838/6, 602 00 Brno, Czech Republic, Identification No.: 04896602, Tax ID: CZ04896602, registered in the Commercial Register of the District Court in Brno , Section C, Insert 92483 (hereinafter referred to as the "seller") shall regulate  in accordance with Section 1751 1 of Act no. 89/2012 Coll. The Civil Rights of the Czech Republic (hereinafter referred to as the "Civil Code") the reciprocal rights and obligations of the parties arising out of or in connection with a purchase contract (the "purchase contract") concluded between the seller and another individual (hereinafter as "buyer") through seller's business. The online store is operated on a web site located at https://www.top-crystal.com/ (hereinafter referred to as the "website") through the web site interface (hereinafter referred to as the "web business interface").

1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal person or a person who acts when ordering goods within of their business or within of their independent profession.

1.3. Provisions different from business conditions may be agreed in a purchase contract. Different arrangements in a purchase contract take precedence over the terms of the business terms.

1.4. Business terms and conditions are an integral part of the purchase contract. The purchase contract and the Business Terms and Conditions are drawn up in the English language. The purchase contract can be concluded in the English language.

1.5. The sales terms may be changed or replenished by the Seller. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

 

2. USER ACCOUNT

2.1. Based on the buyer's registration made on the website, buyer can access their user interface. From his user interface, the buyer can execute the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the store's web interface.

2.2. When registering on a web site and when ordering a merchandise, the buyer is required to give all the information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by buyers in the user account and when ordering the goods are considered by the seller to be correct.

2.3. Access to the user account is secured by user name and password. The buyer is required to maintain confidentiality regarding the information needed to access his user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer breaches his obligations under the purchase contract (including business terms).

2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, necessary maintenance of hardware and software equipment of third parties.

 

3. CLOSING THE PURCHASE CONTRACT

3.1. All the presentation of the goods placed in the web interface of the store is informative and the seller is not obliged to conclude a purchase contract for these goods. Provision of Section 1732 2 of the Civil Code of the Czech Republic shall not apply.

3.2. The store's web interface contains product information, including the price of individual goods. Goods prices are listed including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to enter into a purchase contract on individually agreed terms. The buyer notes that the displayed number of items in stock is always the sum of the number of pieces at the seller's warehouse and at the warehouse of his suppliers at that time.

3.3. The store's web interface also includes information on the costs associated with the packaging and delivery of goods (TRANSPORTATION AND PAYMENT). Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases when the goods are delivered within the territory of the European Union.

3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form includes, in particular, information on:

3.4.1. Ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. The method of payment for the purchase price of the goods, details of the required method of delivery of ordered goods and

3.4.3. Information on the costs associated with the delivery of the goods (collectively referred to as "the order").

3.5. Before sending an order to the seller, it is possible for the buyer to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The buyer will send the order to the seller by clicking the "CONFIRM ORDER" button. The details given in the order are considered correct by the seller.

3.6. Sending an order is considered to be such an act by the buyer who undoubtedly identifies the goods ordered, the purchase price, the buyer's person, the method of payment, and is binding draft purchase contract for the parties. The condition for the validity of the order is to fill in all required data in the order form, to get acquainted with these terms and conditions on the website and confirmation of the buyer that he has become acquainted with these terms and conditions.

3.7. After receipt of the order, the seller will acknowledge the buyer by e-mail to the buyer's email address given in the user interface or in the order (hereinafter the "buyer's electronic address").

3.8. The seller is always entitled, depending on the character of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for an additional order confirmation (for example, in writing or by phone).

3.9. The draft purchase order is valid for fifteen days.

3.10. The contractual relationship between the seller and the buyer arises from the delivery of the receipt (accepted) by the seller to the buyer by e-mail to the buyer's e-mail address.

3.11. In the event that any of the requirements specified in the order can not be met by the seller, he will send the buyer to the buyer's electronic address an amended offer indicating a possible variation of the order and request the buyer's opinion.

3.12. The revised bid is considered as a new draft purchase contract and the purchase contract is then contracted after the buyer´s acceptance by electronic mail.

3.13. The buyer agrees to use remote means of communication when entering into a purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.

 

4. PRICE AND PAYMENT CONDITIONS

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:

- Cash on delivery at the place specified by the buyer in the order

- Non-cash advance to seller's account # SK5911110000001214043000, SWIFT (BIC): BACX CZ PP, maintained by UniCredit Bank Czech Republic and Slovakia, a.s. (Hereinafter referred to as the "seller account");

- Non-cash payment card.

4.2. Together with the purchase price, the buyer is obligated to pay the seller also the costs associated with the packaging and delivery of the goods at the agreed amount. Unless stated otherwise, the purchase price also includes costs associated with the delivery of the goods.

4.3. The seller does not ask the buyer for a deposit or other similar payment. This does not affect the provision of Art. 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In case of a cash payment or in the case of a cash on delivery, the purchase price is 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.

4.5. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation is to pay the purchase price at the moment of crediting the relevant amount to the seller's account.

4.6. The seller is entitled, in particular, in the event that the buyer fails to make an additional order confirmation (Article 3.8), to request the payment of the entire purchase price before the goods are dispatched to the buyer. The provisions of Section 2119, 1 of the Civil Code of the Czech Republic shall not apply.

4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in the course of trade or if it is provided for by generally binding legal regulations, the seller shall issue an invoice to the buyer in respect of payments made under the purchase contract. The seller is a payer of value added tax. Tax document - invoice shall be issued to the buyer after payment of the goods and sending it in electronic form to the buyer's electronic address.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer notes that under §1837 of the Civil Code of the Czech Republic, he can not, inter alia, withdraw from the purchase contract for the supply of goods which has been modified according to the buyer's wish or for his person.
5.2. If this is not the case referred to in Art. 5.1 or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to comply with the regulations of § 1829 par. 1 of the Civil Code of the Czech Republic, the right to withdraw from the purchase contract within fourteen (14) days of receival of the goods, where, in case the purchase contract is for several types of goods or the delivery of several parts, the terms apply to the date of the delivery of the last part. The withdrawal from the purchase contract must be sent to the seller within the deadline stated in the previous sentence.
5.3. To withdraw from a purchase contract, the buyer may use the model form provided by the seller, which is attached to the business terms. Withdrawal from the purchase contract may be sent by the buyer, inter alia, to the address of the seller or to the email address of the seller at info@top-crystal.com. For the withdrawal notification, the regulations of Art. 11, of these Business terms, apply. The entrepreneur shall acknowledge the consumer about the receival of the withdrawal without unnecessary delay.
5.4.  If the right to withdraw from the contract is utilized within 14 days of the goods receival, the consumer must deliver everything he has obtained according to the purchase contract. If this is no longer possible (for example, in the mid-term, goods have been destroyed or consumed), the consumer must provide cash compensation as a counterpart of what can no longer be issued. The buyer notes that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is eligible for damages. The seller is entitled to unilaterally add these costs for damage done to the purchase price of the goods. The seller can add his costs to the price, which is to be paid to the buyer.
5.5. In the event of withdrawal from the purchase contract under Art. 5.2 of the Business Terms, the Purchase Contract is canceled from the beginning. The goods must be returned to the seller within 14 (fourteen) days after buyer´s withdrawal. If the seller withdraws from a purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned because of their nature by post.
5.6. In the case of withdrawal from the contract, 5.2 of the Business Terms, the seller shall return the funds received from the buyer within 14 (fourteen) days after the withdrawal from the Purchase Contract in the same manner as the seller has received it from the buyer. The seller is also entitled to return the admission provided by the buyer upon return of the goods to the buyer or otherwise, if the buyer agrees and it does not incur further costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or shows that he has sent the goods to the seller.
5.7. The seller is entitled to unilaterally add the damage, done to the goods, to the purchase price paid by the buyer.
5.8. Until receival of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the buyer will return the purchase price without unnecessary delay, without charge, to the account specified by the buyer.
5.9. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement will lose its effectiveness and the buyer is obligated to return the gift to the seller.

 

6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon the wish the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the seller is, under purchase contract, obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in some other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or costs associated with another delivery method.
6.4. Ordered goods will be delivered as soon as possible by post or other carrier, in accordance with its availability and supplier's capacity, usually within 5 business days of the order's confirmation, but not later than 14 business days. The customer is informed by e-mail that the seller has delivered the shipment to the selected carrier.
6.5. If the ordered goods are not in stock for a longer time or can not be delivered to the carrier within the agreed time limit, the seller has the right to withdraw from the purchase contract (the binding order). If a part or whole order has been paid, the customer will be refunded within 14 days after mutual agreement.
6.6. When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any defect notify the carrier immediately. In the event of a damage of the cover, indicating unauthorized intrusion, the buyer is not required to take over the shipment from the carrier.
6.7. The buyer is required to check the contents of the shipment immediately upon receival from the carrier, and any inconsistencies (damaged goods, missing goods, or misdirected items) are to be promptly announced to the seller.

 

7. RIGHTS from faulty admission
7.1. The rights and obligations of the parties in respect of rights of misconduct are governed by the relevant generally binding regulations (the regulations of §1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code) of the Czech Republic.
7.2. The seller answers to the buyer for the fact that the goods have no defects when taken over. In particular, the seller answers 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 agreement, have properties that the seller or the manufacturer has described or which the buyer expected due to the nature of the goods, the goods are fit for the purpose for which they are advertised or to which the goods of the same kind are normally used, the goods are of the quality or the conformity of the agreed sample or design if the quality or the design was determined according to the agreed sample or original, the goods in the corresponding quantity , extent or weights and the goods comply with the requirements of the legislation.
7.3. Provisions referred to in Article. 7.2 of Business Terms shall not apply to goods sold at a lower price for a defect because of which the lower price was agreed, for wear of the goods caused by its normal use, for used goods for a defect corresponding to the rate of use or wear of the goods when taken over by the buyer or resulting from the nature of the goods.
7.4. If a defect occurs within six months after receival, the goods are deemed to have been defective already at take-over.
7.5. Rights of misconduct are claimed by the buyer at the seller's place of business or place of business. The moment when the refund is made is the moment when the seller received the goods from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects can be modified by the Seller's Claim Rules.
7.7. Consumer rights can not be applied to gifts that are provided free of charge. Such goods meet the terms of the Gift Agreement and all standards in accordance with applicable Czech legislation.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The seller is not bound by any code of conduct in relation to the buyer under the regulations of § 1826 par. 1 letter E) of the Civil Code of the Czech Republic.
8.3. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the purchase contract.
8.4. The seller is authorized to sell goods under a trade license. The trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection carries out, among other things, the supervision of observance of Act no. 634/1992 Coll. On Consumer Protection as amended.
8.5. The buyer thus takes on himself the risk of changing circumstances within the meaning of § 1765 par. 2 of the Civil Code of the Czech Republic.

 

9. PRIVACY POLICY

9.1. The buyer's personal data protection is provided by Act no. 101/2000 Coll. On the Protection of Personal Data, as amended. The operator is registered with the Czech Office of Personal Data Protection under the registration number 00070845.

9.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively, all as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining the user account. If the buyer does not choose another option, he agrees with the seller's processing of personal data also for the purpose of sending information and business notices to the buyer. Consent to the processing of personal data in full under this Article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The Buyer acknowledges that he is obliged to state his / her personal details (when registering, in his user account, in the order made from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his or her personal data without undue delay.

9.5. By processing the buyer's personal data, the seller may authorize a third person as a processor. In addition to the persons transporting the goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.

9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life or in contravention of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may ask the seller or processor for explanation and may require the seller or processor to remove the resulting condition.

9.9. If the buyer asks for information on the processing of his or her personal data, the seller is required to pass on this information. The seller is entitled to request a reasonable reimbursement not exceeding the costs necessary to provide information for the provision of information under the preceding sentence.

 

10. SENDING OF BUSINESS ANNOUNCEMENTS AND SAVING COOKIES

10.1. Buyer agrees with sending information related to the seller's goods, services, or business to the buyer's email address, and agrees with sending the sales announcements to the buyer's email address.

10.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled, without the so-called " cookies to the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.

11. DELIVERY

11.1. A notice concerning the relationship between the seller and the buyer, particularly regarding the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the purchase contract. The notice shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective at the time of its delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

11.2. A notification is also deemed to have been received, the receipt of which was rejected by the addressee, which was not highlighted at the time of storage or returned as undeliverable.

11.3. The parties may exchange the regular correspondence by electronic mail to the e-mail address specified in the buyer's user account or specified by the buyer in the order, to the address given on the seller's website.

 

12. FINAL PROVISION

12.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

12.2. If some of the provisions of the Terms of Business are invalid or ineffective, or if it becomes that way, instead of an invalid clause, a clause is introduced, the meaning of which is as close as possible to the invalid clause. The invalidity or ineffectiveness of one provision does not interfere with the validity of the other provisions. Changes to the purchase contract or business conditions require a written form. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible. The Business Terms and Conditions Agreement forms a template form for withdrawal from the purchase contract.

 

In Brno, 01.04.2017

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