1. These Terms and Conditions for purchasing goods (hereinafter referred to as “TC”) are part of a contractual agreement between Tomáš Bureš IČ: 61867951 (hereinafter referred to as “Seller”) and customers purchasing the goods (hereinafter referred to as “Buyer”). This contractual arrangement constitutes a contract of purchase between the Seller on one side and the Buyer on another sode;
Consumer contract – a purchase contract, contract for work, or other contracts under the Civil Code, if contracting parties are Consumers on one side and business/legal entity on the other side. This purchase agreement is in the “TC” referred to as “the Contract”
Seller/Supplier – a person who at the conclusion and execution of a contract is acting within their business or other entrepreneurial activities. It is an entrepreneur who, directly or via other entrepreneurs, supplies the Buyer with products or services.
Buyer – Consumer – a person who at the conclusion and execution of a contract, is not acting within their business or other entrepreneurial activities. It is a physical or legal entity who purchases goods or uses services for other than trading purposes with these products or services.
Buyers and Sellers are collectively referred to “contractual parties” or only “the parties”.
2. TC relate to goods sold by the Seller (specifically ID silicon bracelets), particularly through the online shop (application) running on a domain www.angelrings.cz (hereinafter referred to as “the website”), but also goods ordered by the Buyer using other means (i.e. not only the online shop, but also the post, telephone, electronic mail, or otherwise) – unless their contract states other conditions and means to be fulfilled in the Slovak Republic (where applicable “General conditions for purchase of goods” in Slovak) or the parties have not explicitly excluded the use of the TC. When concluding the Contract, the Buyer is obliged to define the ordered goods precisely, clearly and definitively, and enter all contact and delivery details truthfully and as completely as possible. The Buyer determines the purchase of goods based on the goods offered on the website, in a catalogue of the Seller, or based on individual Seller’s information; this offer is, however, only an invitation to contracting and it does not guarantee availability of the offered goods. The Contract is not concluded until an order is confirmed (accepted) by the Seller; exceptionally, an order may be confirmed implicitly (by delivering the ordered goods), the Consumer, however, always has to confirm the order.
3. These TC also:
a) inform Buyers – people who are not acting in the conclusion or execution of the Contract within their business or other entrepreneurial activities (in these TC referred to as “Consumers”) about their rights under the Contract and the legal regulations on Consumer protection;
b) include an approval of Buyers – physical person (hereinafter also referred to as “data entities”) to process personal data by the Seller and they inform the data entities about the period, purposes and what personal data the approval refers to.
4. The Seller agrees to provide the Buyer with goods and transfer the ownership of the goods onto the Buyer, and the Buyer agrees to pay the purchase price and receive the goods.
5. The Buyer acquires the property rights to the goods at the moment the price is paid in full, including VAT and shipping costs and postage, it they are obligated to pay for them.
6. The Seller individually modifies the goods to the Buyer’s request according to their order (engraving, using a laser) – in such a case, it is a contract for work; it is not prejudice to the validity of the other provisions of these TC with the price of the work being included in the purchase price. The Buyer is responsible for the modified goods, based on their order, so they do not infringe the rights of third parties. The Seller is entitled to require a proof of eligibility to use the selected theme to be engraved (eg. trademarks); if the validity is not demonstrated, the Seller has the right to deliver the goods without any modification for a standard price or refuse to produce the goods altogether.
7. If not stated otherwise, the purchase price is due upon receiving the goods; the Seller always requires an advance payment in the amount of the purchase price and shipping costs including VAT, and the Buyer is obliged to pay the advance payment when called by the Seller within a period specified in the invitation. In case of a large-scale order or a repeated order of goods, using the general contract conditions, the parties may arrange conditions for ordering goods and subsequent payment of the purchase price – in this case, it is an individual agreement between the Buyer and the Seller.
8. The purchase price can be paid at the option of the Buyer using any of the following means:
a) cash upon receiving the goods from the Seller;
b) cash on delivery at the provider of postal or delivery services on delivery;
c) money transfer to the bank account of the Seller (with the money transfer, the purchase price is considered fully paid only if the Buyer labels the payment with a generated variable symbol or other identification number and the payment gets credited to the bank account of the Seller);
d) payment by a credit/debit card using the application of the online shop;
e) payment by other electronic means allowing to perform remote payments, if they are available on the website.
Payments a) and b) (cash and cash on delivery) are not possible in the case of individual modifications of the goods based on adjustments required by the Buyer, when an advancement payment of the purchase price is required prior to making any adjustments to the goods.
9. In case of the purchase price delay, the Buyer agrees to pay the Seller a penalty of 0.5 % of the outstanding amount per day; the entitlement to the interest on late payments and full compensation in addition to the purchase penalty is not affected.
10. The Buyer issues a tax document usually in writing and usually delivers it to the Buyer together with the supplied goods; the Seller is, however, entitled, at their option, to issue a tax document in an electronic form and deliver it to an e-mail address specified by the Buyer as their contact address. The Buyer agrees with the tax document to be issued in an electronic form if the authenticity of the origin and integrity of the content of the tax document is guaranteed by electronic information transfer.
11. The Buyer acknowledges and agrees that the Seller is entitled to transfer any of their claims to a third party.
12. The goods are usually dispatched, or rather ready for the Buyer:
a) if the goods are in stock, maximum up to 5 working days from placing the order
b) if the goods are not in stock, the Seller usually contacts the Buyer to arrange the delivery date, unless the date of delivery arises from information provided in the goods offer, such as the website.
c) in the case of the goods being individually modified according to the Buyer’s request and adequately to the extent of the order and modifications of the goods (engraving), ie. in the case the goods are in the stock, it gets delivered within the maximum of 5 working days after placing the order (collect in person, payment card or money transfer), or else the manufacturing of a test product for the Buyer; in case of the goods that are not in stock, the delivery period is extended by the time required for the Seller to deliver the goods to the Buyer, similarly as in b).
13. If goods are sent to the Buyer, the Seller usually has a choice between several means of delivery, which he chooses when ordering goods. When ordering goods, prices for delivery and the estimated time of delivery, which is the responsibility of a carrier, not the Seller, are also listed. Buyer pays the shipping costs and postage.
14. The Seller provides their products with warranty for the Buyers (ie. persons who at the conclusion and execution of a contract are not acting within their business or other entrepreneurial activities – see clause 3. TC), in a period of 24 months from receiving the goods by the Consumer. The issued tax document on purchased goods serves the Consumer as the Warranty.
15. If faults arise during the warranty period, the Consumer is entitled to the right to remedy by the Seller free of charge. Instead of removing the defect, the Seller can provide the Consumer with substitution goods. If it is not possible to remove the defect or provide goods replacement, the Consumer can request a reasonable discount on the purchase price or withdraw from the Contract within the scope of unsatisfactory performance.
16. The warranty does not cover damage caused by forcible actions to the goods (tearing, cutting, applying excessive heat, etc., unless the goods are intended for such purposes), failure to follow the instructions, wear of the goods caused by regular use, inexpertly tempering with the goods and own modifications of the goods. The warranty does not apply to goods used – in the case of disposable products. For discounted goods, the warranty does not cover defects for which the goods are discounted.
17. The Consumer can lodge a complaint arising from the warranty with the Seller in any of their business premises in the Czech Republic or their office, usually in writing. When lodging a complaint, the Consumer is obliged to submit a tax document or any other reliable proof of the purchase of the goods (delivery note, etc.) and describe the defects.
18. After lodging a complaint, the Seller issues a written confirmation for the Buyer of the time the Consumer exercised their right of complaint, the content of the complaint and the method of claim the Buyer requests. The Seller issues the Buyer a confirmation on the date and a method of settling the claim, including a confirmation of repair and its duration, and in case of refusing the complaint, the Seller justifies their decision. If the Consumer exercises his right of complain in person, he is obliged to collect the goods one month after he is notified the claim has been dealt with. In the case the returned goods are not collected by the Consumer by this date, the Consumer must pay a storage fee of 20,- CZK per week, payable monthly in arrears.
19. Given that the assessment of the claim for the sold goods, which are mainly ID silicone bracelets, usually requires testing of the returned goods and therefore a complaint cannot be resolved immediately, the Seller decides on the complaint within three working days of completion of testing the sample goods. The Seller processes the claim and removes all defects within 30 days from the date of lodging the complaint and the same time applies to informing the Consumer about the outcome of the complaint (if the parties do not agree on a a different time limit); if the Seller fails to remove any removable defects within this time limit, the defect is considered irremovable. If the claim proves unfounded or unjustified, the Seller is entitled to reimbursement of costs that incurred due to the goods testing, payable within 30 days from the date of calculation of these costs (usually in the notice of dismissal of a claim).
20. The Consumer has the right to withdraw from the Contract without any reason and penalty within 14 days of receiving the goods. The Consumer, however, cannot withdraw from the Contract in this manner if the goods have been individually modified according to the request of the Consumer (laser engraving).
21. If the Consumer withdraws from the Contract, the Consumer is entitled to a refund of the purchase price within 30 days from withdrawing from the Contract and the Seller is entitled to reimbursement for the costs relating to the returned goods (in particular the postage for delivering the goods if the Seller paid for it), and they are authorized to include them in the Consumer’s claim for the refund of the purchase price. The Seller is entitled to withhold the fulfilment (refund of the purchase price) until the Consumer meets the obligation of returning the goods.
22. The Consumer is in the notification of withdrawing from the Contract obliged to identify the Contract, namely their name and last name, the order number and date of purchase, and the Consumer is also obliged to provide the Seller with a bank account number or an address designated for receiving a refund of the purchase price. The Consumer is also obliged to return the goods to the Seller within 14 days from withdrawing from the Contract as a whole (all received goods must be returned), usually in the original package.
23. Instead of withdrawing from the Contract, the Consumer is entitled to ask the Seller to exchange the purchased goods, and the Seller is obliged to comply with such a request if the goods are returned as a whole and without damage, and any price difference is paid. It does not apply to individually modified goods. If the newly delivered goods are cheaper than the exchanged goods, the Seller pays the price difference.
24. If there are defects in the goods, the Buyer is obliged to reproach the Seller in writing. Minor deviations of colour or size (± 5 mm) are not considered defects; the Seller especially points out the fact that when reprinting the goods in promotional materials and especially when displayed on a computer screen, there may be minor deviations from the actual colour of the goods. Defects do not include a state when the Buyer approves a sample or correction if the goods correspond with such an approved sample.
25. When claiming a defect, the Buyer is obliged to submit a tax document or other liable proof of purchase of goods (delivery note, etc.).
26. The data entity gives the Seller a consent to the processing of their personal data. The entity consents to the processing of all the personal data to the extent to which they provide the personal data (usually name, last name, address, e-mail address, postal address, phone number, date of birth, or ID number and tax ID number). The Seller is entitled to process these data in order to offer products and services for a period of five years from the day of accepting these TC; every order or any change (update) in the registration renews this time period over again. Personal data such as name, last name and address of the entity can be passed to another data administrator, but only for the purpose of offering products and services, unless the data entity does not agree with the procedure.
27. The data entity has the right to access their personal data, to correct their data and to ask the Seller to clarify and remove any defective condition (esp. by blocking, correcting, adding or disposing of personal data) in the case the Seller performs the processing of their personal data contrary to the protection of personal and private life of the data entity or in violation of the law. The data entity has the right to approach the Buyer with a complaint, and if the Buyer fails to comply under the preceding sentence, the Buyer can approach law officers (the Office for Personal Data Protection). If during the processing of the data of the data entity there is other than property damage, the data has the right to enforce a claim under § 13 of the Civil Code.
28. The data entity consents to receive commercial notification of the Seller; they are entitled to refuse consent to use their electronic contact details for receiving commercial notification of the Seller.
29. The Contract abides the laws of the Czech Republic with the exclusion of the provisions of the conflicting rules of law, as well as excluding the use of the United Nations Convention on Contracts on the International Sale of Goods agreed in Vienna on 11th April 1980.
30. The obligation of the parties resulting from the Contract, regardless of the nature of the parties, is governed by Act No. 513/1991 Coll., The Commercial Code; it is without detriment of the Terms and Conditions and the Consumer Protection Act.
31. All disputes arising from this Contract and in connection with it shall be decided definitely by the Arbitrary Court at the Chamber of Commerce of the Czech Republic and Agriculture Chamber of the Czech Republic in accordance with the Rules of three arbitrators; if the contractual party is the Consumer, both parties (Seller and Consumer) in case of a despite, have the right to contact a general court with a territorial jurisdiction in the place of the seat of the Seller, or the arbitration court, according to their choice.
32. Should any provisions of the Contract prove invalid or unenforceable, the parties undertake to replace such provisions with other provisions that would be best suited to the purpose and meaning of the ineffective or invalid provision.
33. The contractual parties agree that the responsibility of the Seller for damages induced to the Buyer during the performance of this Contract or in relation thereto, including damages caused by defective products, is limited to 2,000,000,- CZK (in words: two million Czech crowns).
34. These TC are published on the website. Original TC are filed at the headquarters of the Seller. The Seller must give the Buyer access to the original TC and make their own copy at their own expenses. Upon a request submitted by e-mail to the Seller’s e-mail, the Seller shall send a copy of the TC to the Buyer in electronic form.
35. The Seller is entitled to change the TC; change in the TC shall not affect the existing contracts.
36. The Buyer is obliged to keep their contact information updated until they meet all their obligations arising from the Contract.
37. If individually negotiated provisions of contractual arrangements between the parties differ from TC, such provisions take application precedence over provisions of the TC.
38. These TC take effect the day they become published and apply to contracts concluded at the time of their effectiveness.
Concluding a purchase contract (internet order conformation) the Buyer confirms that they are familiar with these terms and conditions and the warranty terms (which are displayed on the website of the internet shop www.angelrings.cz and they can be archived and reproduced by the Buyer) and that the Buyer agrees with them. The Buyer is adequately informed about these Terms and Conditions and the Warranty Terms before placing an order. Terms of Trade and Warranty terms are an integral part of the Contract.
In Prague 10.1.2013