Terms and Conditions

These terms and conditions apply to purchases in the online store available from the seller's internet address www.upm-eshop.cz (hereinafter also referred to as "e-shop") operated by the company Goldfinger porcelán v.o.s. Brno, Štursova 34, IČO: 253 95 335 ; DIČ: CZ253 95 335
 

The conditions further define and specify the rights and obligations of the seller, which is the company Goldfinger porcelán v.o.s. Brno, Štursova 34, IČO: 253 95 335; DIČ: CZ253 95 33 and buyer (customer, consumer).

All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is an entrepreneur, the relations not regulated by the business conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter also referred to as "NOZ").
 

1. Introductory provisions

1.1
These terms and conditions (hereinafter referred to as "terms and conditions") of Goldfinger porcelán v.o.s. Brno, Štursova 34, ID: 253 95 335; VAT No .: CZ253 95 33 (hereinafter referred to as the “Seller”) governs the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person ) through the seller's online shop. The internet shop is operated by the seller at the internet address www.upm-eshop.cz, via a web interface (hereinafter referred to as the "web interface of the shop").

1.2
The business conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at www.upm-eshop.cz (the "Website") and other related legal relationships. The business conditions also include information published on the website.

1.3
Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. Terms and conditions take precedence over the provisions on the website.

1.4
The provisions of the business conditions are an integral part of the purchase contract in the wording effective as of the date of its conclusion.

 

2. Conclusion of the purchase contract

2.1
The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including value added tax. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.

2.2
The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. Information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

2.3
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about: the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface), the method of payment of the purchase price, information on the required method of delivery of ordered goods and information on costs associated as an "order").

2.4
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

2.5
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

2.6.
The contractual relationship between the seller and the buyer arises from the acceptance of the order (acceptance). The order is accepted by handing over the goods to the first carrier or by sending a message to the buyer that the goods are ready for collection at the seller's premises. Everything that the parties to the purchase agreement provide before accepting the order is considered a deposit.

2.7
The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including business conditions).

2.8
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

 

3. Price of goods and payment terms

3.1
The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
in cash on delivery at the place specified by the buyer in the order;
cashless through the payment system;

3.2
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

3.3
The purchase price is payable no later than upon receipt of the goods.

3.4
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
 

4. Withdrawal from the purchase contract

4.1
With the exception of cases regulated in the provisions of § 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code") or other cases where it is not possible to withdraw from the purchase contract, the buyer has in accordance with the provision of § 1829 of the Civil Code the right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's premises. It is possible to use the sample withdrawal form below to withdraw

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Notice of withdrawal from the contract

Goldfinger porcelán v.o.s. Brno, Štursova 34, IČO: 253 95 335; DIČ: CZ253 95 33
I / we declare (*) that I hereby withdraw (*) from the contract for the purchase of this
goods(*)
Date of order(*)/date of receipt(*)
Name and surname
Address of consumer(s)
Signature of the consumer (s) (only if this form is sent in paper form)
Date
(*)Strike out what does not apply or complete the information.
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4.2
In the event of withdrawal from the contract, the purchase contract is canceled from the beginning. The goods must be sent or handed over to the seller without undue delay, no later than fourteen (14) days after withdrawal. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.

4.3
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer's right to a refund of the purchase price. The provisions of § 1833 of the Civil Code are not affected by this.
 

5. Transportation and delivery of goods

5.1
The buyer chooses the method of transport and delivery of goods in the order. Terms of transport and delivery are listed on the website.

5.2
The seller is obliged either to deliver the goods to the place of delivery either by himself or through a carrier and the buyer is obliged to take them over at the place of delivery.

5.3
If the buyer does not take over the goods upon delivery or within a reasonable additional period specified by the seller, the purchase contract is canceled from the beginning and the seller is entitled to demand from the buyer a fee for storage and order management of 100 CZK (in words: one hundred Czech crowns). This agreement does not prevent the parties from concluding, for example, by exchanging electronic correspondence, a new purchase contract with the same subject of performance.

5.4
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all the conditions and requirements and that any subsequent claims regarding breach of the packaging of the consignment cannot be taken into account.

 

6. Defective performance rights

6.1
The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations. (in particular the provisions of § 2099 et seq. of the Civil Code).

6.2
The seller is responsible to the buyer for the fact that the sold goods are in accordance with the purchase contract, in particular that they are without defects. Compliance with the purchase contract means that the goods are in the agreed quantity, quality and design.

6.3
In the event that the goods have a defect upon receipt by the buyer, the buyer has the right to defective performance according to the provisions of § 2099 of the Civil Code.
 

7. Other rights and obligations of the contracting parties

7.1
The buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2
The buyer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the store.

7.3
The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.

7.4
The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.

7.5 
If the goods are not taken over by the buyer from the seller within 1 month of creating the order and payment, the order is canceled and the money is sent back to the buyer's account.
 

8. Protection of personal data and sending business messages

8.1
The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, user information about his behavior in the web interface, settings of used programs, behavior on the Internet and so-called cookies (hereinafter collectively referred to as "personal data") for marketing and business purposes of the seller and third parties.

8.2
The buyer agrees to the processing of personal data by the seller, for the purpose of exercising the rights and obligations of the purchase contract and for the purpose of sending information and business messages to the seller. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on by the seller to a third party without the prior consent of the buyer.

8.3
The buyer acknowledges that he is obliged to state his personal data (when registering on the website, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.

8.4
Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

8.5
The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data. The Buyer declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Seller by a written notice delivered to the address of the Seller.

8.6
If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary to provide the information.

8.7
The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. By creating a user account (registration), the buyer agrees to send business offers and invitations to complete the buyer's unfinished purchase, ie to send offers to conclude a purchase contract for goods inserted by the buyer into the electronic shopping cart web interface of the store but not subsequently ordered.

8.8
The competence of the supervisory and supervisory office in the area of personal data protection is exercised by the Office for Personal Data Protection with its registered office in Prague, to which the buyer may turn in case of breach of protection of his personal data by the seller.

 

9. Final Provisions

9.1
The out-of-court settlement of consumer disputes arising from purchase contracts concluded in accordance with these terms and conditions is the responsibility of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00, IČO: 000 20 859, internet address: www.coi.cz. The commencement of out-of-court dispute resolution does not affect the buyer's right to turn to supervisory and state supervisory authorities.

9.2
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). Withdrawal from the contract must be delivered to the seller in writing in paper form. It is delivered to the buyer to the e-mail address specified in his user account.

9.3
If the relationship related to the use of the website or the legal relationship established by the 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 arising from generally binding legal regulations.

9.4
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.

9.5
Contact details of seller: Goldfinger porcelán v.o.s. Brno, Štursova 34, IČO: 253 95 335; DIČ: CZ253 95 33, [email protected], +420 606 730 077.

9.6
These terms and conditions take effect on 15.11.2017