1.1.These business conditions, including the complaint procedure, are effective from March 28, 2021 (hereinafter referred to as "business conditions") for the Eshop www.crystalshop.cz operated by Crystal Productions Merchandise Factory e.t.c., with its registered office in Havířov - Prostřední Suchá, Dělnická 769 / 64, 735 64, IČ: 02585481, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 58118 for the sale of goods through an online store located at the internet addresses www.merchandisefactory.eu and www.crystalshop.cz (hereinafter referred to as " seller "). Legal relations between the seller and the consumer are governed by the following business conditions and further to the extent of these conditions not regulated by Act No. 89/2012 Coll., The Civil Code (hereinafter "oz"), Act No. 634/1992 Coll., On consumer protection and further regulationsgoverning the relations between the seller and the buyer by a natural or legal person. The seller undertakes to duly inform the buyer about the properties of the products sold, the method of use and maintenance of the product. The delivered goods remain the property of the seller until full payment of the purchase price, in the sense of the valid provisions of § 443 - 446 of the Commercial Code. z., resp. § 601 o.z.
1.1.1. APPLICABLE LAW, LANGUAGE
Legal relations and possible disputes arising from the purchase contract oncluded between the seller and the buyer are governed by Czech law. The contractual language is Czech. Any disputes are resolved by the locally competent courts of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
1.1.2. REMOTE COMMUNICATIONS
The buyer agrees that the order is made by means of distance communication. The seller is not responsible for any errors in data transmission, nor for any costs of the buyer related to the use of means of distance communication. The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer.
2.1.Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can perform ordering goods (hereinafter referred to as "user account") If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2.When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3.Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4.The buyer is not entitled to allow the use of the user account to third parties.
2.5.The seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6.The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of hardware and software equipment.
3.PROVISION OF PERSONAL DATA
3.1.By placing an order, the buyer gives the seller consent to the collection, processing and archiving of data about the buyer and his purchases, until such consent is revoked.
3.2.The provision of personal data is voluntary, the data subject has the right to access them and the right to correct them, including other legal rights to this data.
3.3.The seller undertakes to protect the personal data provided to him by the buyer. The stated data will be used only for the needs of the seller and will be handled in accordance with Act No. 101/2000 Coll., On the protection of personal data.
3.4.The buyer agrees that the seller processes this data for its marketing and business purposes and for this purpose makes it available to third parties cooperating with the seller to ensure marketing events, all while respecting applicable regulations, especially Act No. 101/2000 Coll., on the protection of personal data.
3.5.In the event of termination of trading between the seller and the buyer at the request of the buyer, by an explicit statement made in writing and sent to the seller, this data will be deleted (deleted) from the supplier's archive.
4.SUBJECT OF THE PURCHASE AGREEMENT
4.1.All presentation of goods placed on the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
The provisions of § 1732 para. 2 of the Civil Code shall not apply.
4.2.The buyer proposes to conclude a purchase contract through a properly created order in the seller's e-shop or by phone. The seller shall immediately confirm receipt of this proposal by e-mail of the buyer, and this confirmation is not by its nature consent to the conclusion of the purchase contract. The moment when the seller sends the ordered goods to the buyer is considered consent to the conclusion of the purchase contract. At the time of dispatch or delivery of the goods, a purchase contract is clearly concluded between the seller and the buyer, and this contract is governed by the valid purchase rules of the seller. The buyer, together with the information on the dispatch of the goods, will receive electronically via email a tax document, a link to the valid business conditions, which are archived, and a link to information regarding withdrawal from this purchase contract. The next moment when the purchase contract is concluded is a request for personal collection of the ordered goods by the buyer at the address of the delivery point, which was established for this purpose by the seller. The purchase contract may arise in other than one of the cases described above, but there must always be a clear written consent via email with the conclusion of the purchase contract by the seller. The buyer is entitled to withdraw his proposal to conclude a purchase contract without any penalties until the ordered goods are sent by the seller. The buyer notifies the seller of this intention by e-mail or telephone. The purchase contract is always concluded in the official language of the Czech Republic. The purchase contract is always concluded for a definite period, until the moment the goods are taken over by the buyer. This does not terminate the rights of the buyer or seller, which are subject to applicable Czech legislation and these purchase regulations.
4.3.The prices of all products are updated continuously and are published on the website.
4.4.The prices of goods in our store already include all fees and are therefore final. The price of the goods does not include the costs of transport and packaging for the mail order business.
4.5.The price stated in the price list at the time of submitting the buyer's binding order applies as the price when concluding the purchase contract between the seller and the buyer. If the price of the goods is not known at the time of concluding the purchase contract, it will be determined by agreement of the parties later, when in this case if the subject of sale is to be realized, the consumer is obliged to inform the seller within 3 days of demonstrable communication of the purchase price. accepts or not
4.6.The buyer acknowledges that the illustrations and photographs of the goods, including the text given to the goods, are for illustrative purposes only and may not fully correspond to reality.
4.7.The consumer contract is concluded between the seller and another legal or natural person.
5.PAYMENT, POSTAGE AND DELIVERY
5.1.The buyer chooses the method of payment when choosing the method of payment in the shopping cart - more in the details of the payment options.
5.2.The current price list and destinations to which it is possible to send, the buyer always finds out when choosing a carrier in the shopping cart.
5.3.The price always includes postage, including packaging.
5.4.In the event that the e-shop sends goods of one order twice or more (for example, if the goods are not currently in stock), Crystal Productions Merchandise Factory e.t.c. pays the postage.
5.5.If the customer requests an exchange of goods in case of incorrect selection of product parameters (for example, the size of the textile), the customer pays the postage repeatedly.
5.6.We only send items abroad that are currently in stock. So if you order more items and we do not have them all in stock, we will send you only those that are in stock and cancel the rest of the order. If you would like to wait for the goods, you must write it down in the order firstname.lastname@example.org. We will send you everything at once, but the delivery time can then be around 1-3 weeks, we will inform you about the availability of goods.
5.7.You will find all the options for how the seller can hand over or deliver the goods to the buyer when choosing in the shopping cart or in this overview.
6.1.Every buyer who has purchased goods on the CRYSTALSHOP is entitled according to the Civil Code to a claim for goods in the event of a defect within 24 months of receipt of the goods.
6.2.THE CLAIM FOR COMPLAINT DOES NOT APPLY TO:
- damage to goods during transport (these damages must be resolved with the carrier upon receipt)
- wear and tear of the goods due to the nature of the product of normal use and wear and tear over time
- damage to goods due to unusual use or damage caused by the user
- damage caused by external events and mishandling
6.3.The buyer is obliged to inspect the goods delivered by the seller without undue delay and to inform the seller about the detected defects within 3 days of receipt.
6.5.In the notification, the buyer must state the detected defects - he must state what the defects are and how they manifest, or send a photo. We recommend using our FORM exclusively for notification.
6.6.It is not necessary to submit a copy of the invoice and proof of payment and delivery of the goods whose defects are claimed. However, if we do not find your order and invoice in our system, the seller may ask the buyer to provide a copy of the document. In this case, the seller will start handling the complaint only upon delivery of a copy of the proof of payment or invoice.
6.7.The seller does not accept liability for damage resulting from the operation of the products, functional properties and damage from improper use of the products, as well as damage caused by external events and improper handling. Defects of this origin are not covered by the warranty provided.
6.8. Complaints will be settled in accordance with the provisions of § 19 paragraph 3) of Act No. 634/1992 Coll. on consumer protection.
6.9. COMPLAINTS OF DELIVERY SERVICES
Goods from Crystal Productions Merchandise Factory e.t.c. it is delivered to you via the Czech Post, Zásilkovna, or another logistics company. It may happen that the shipment arrives damaged. In this case, please proceed as follows:
- Always inspect the shipment at the counter or immediately when handing over the goods directly in front of the worker.
- In the event of damage to the packaging (crumpled, torn, soaked…), immediately write a report on the damage to the consignment with the delivery worker.
- It is possible to unpack the package on site and check the goods, especially in the case of breakable items.
- Do not let yourself besoothed that you have to contact the e-shop, we ship the goods unbroken and packed so that in case of good handling it reaches the customer undamaged.
7.CANCELLATION / CANCELLATION OF THE ORDER, RETURN OF GOODS
7.1.In the event that the buyer decides to cancel the order at a time when the order has not yet been shipped, the buyer will immediately inform the seller on the phone number +420 702 061 722 or by email at email@example.com. The buyer will be immediately informed by the seller about the cancellation of the order.
7.2.In the event that the buyer needs to exchange or return the goods within 14 days of purchase, he must follow these instructions in the COMPLAINTS AND EXCHANGE section.
8.1.Goods that are in stock are shipped within 1-3 days of ordering (in the case of cash on delivery) or crediting the account (in the case of payment by bank transfer). To this time must be added the standard delivery time of the transport company. The delivery time for goods made to order is affected by the stock of the seller or his supplier. The buyer will be informed about the stock no later than 3 working days from the confirmation of the order.
8.2.In the period with the expected larger increase in orders, for example during the Christmas period, the delivery times of the ordered goods can be in the range of 7-20 working days and it is therefore necessary to take them into account. If the payment method by bank transfer is selected for the order, the delivery date begins to run only after the payment has been credited to the seller's account.
9.HOW TO ORDER? PURCHASE RULES
9.1.You can order in the following ways:
- through electronic commerce (hereinafter "e-shop")
- by email
9.2. The buyer is obliged to provide the seller with the necessary data in the order necessary for the successful fulfillment of the order, ie:
name, surname and address or business name and registered office of the buyer
- IČO and DIČ, if he is registered as a VAT payer
- name of goods, code of goods
- quantity, colour, size
- unit price
- method of collection and transport, price for shipping and packing
- delivery address
- all other information that the buyer considers important
9.3.The buyer's order is binding for both parties at the time of its confirmation by the seller. In the event of a change in the order, the order thus changed is binding on both parties at the time of confirmation of the order change by the seller.
9.4.The seller is not obliged to accept a change in the order at the time when he has already handed over the goods according to the original order to the carrier, or has already modified the goods at the customer's request.
10.1. The valid business conditions are available on the seller's website and each buyer is notified of these conditions when purchasing goods and has the opportunity to familiarize themselves with them. The seller is entitled to supplement or change the business conditions in connection with a change in applicable law and in connection with a change in the market of goods offered by the seller.
10.2. These terms and conditions come into force on the day of publication on the website.