General Terms and Conditions
General Terms and Conditions of MgA. Anastázie Kahotski, company ID No.: 28875087, VAT No.: CZ8460171962, with its registered office at Havanská 131/14, Prague 7, Czech Republic
Phone: +420 608 465 546
These General Terms and Conditions (hereinafter only as the “GTC”) apply to purchases in the online store at http://shop.nastassiaaleinikava.com/, which is operated by MgA. Anastázie Kahotski, company ID No.: 28875087, VAT No.: CZ8460171962, with its registered office at Havanská 131/14, Prague 7, Czech Republic. In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter only as the “Civil Code”), these GTC regulate mutual rights and obligations arising in association with or on the basis of the sale of goods between MgA. Anastázie Kahotski, company ID No.: 28875087, VAT No.: CZ8460171962, with its registered office at Havanská 131/14, Prague 7, Czech Republic (hereinafter only as the “Seller”) and its business partners (hereinafter only as the “Buyer”) at the Internet address of http://shop.nastassiaaleinikava.com/ (hereinafter only as the “Website”), through the Website interface. All contractual relations are concluded in accordance with the laws of the Czech Republic. By placing an order, the Buyer confirms that they have become acquainted with these General Terms and Conditions, the integral part of which includes the Complaints Procedure, and that they agree with them. The Buyer has been notified of these General Terms and Conditions sufficiently before the order is placed and has had the opportunity to become acquainted with them.
The Seller is MgA. Anastázie Kahotski, company ID No.: 28875087, VAT No.: CZ8460171962, with its registered office at Havanská 131/14, Prague 7, Czech Republic.
With respect to the applicable legal regulation, there is a distinction between a buyer who is a consumer and a buyer who is not a consumer. The Buyer – Consumer or only the Consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, does not act in the course of their business or any other business activity or in the independent exercise of their profession. At the commencement of business relations, the Consumer shall submit to the Seller only their contact information, necessary for the smooth handling of the order, or data which they wish to have on the purchase documents.
The individual Agreement of the Seller with the Buyer prevails over the General Terms and Conditions.
3. Consumer Contract
Contract of purchase, work or any other contracts in accordance with the Civil Code, if the Contracting Parties are the Consumer on the one side and on the other side, the supplier or the Seller.
3. Personal data processing
The information about processing personal data is available at https://shop.nastassiaaleinikava.com/cs/privacy-policy/
4. Order and concluding the Contract
The Buyer is entitled to place an order with the Seller only through the ordering system of the e-shop. The offer to conclude a Purchase Contract consists in publishing the goods offered by the Seller on the website; the Purchase Contract is established by sending an order by the Buyer – Consumer and accepting the order by the Seller. The Seller shall confirm receipt of the order without undue delay in accordance with Section 1827 (1) of the Civil Code by e-mail to the e-mail address specified by the Buyer in the order, whereas this confirmation does not represent the acceptance of the draft agreement. The Purchase Contract itself is concluded by acceptance of the draft for the conclusion of the purchase contract by the Seller, whereas the acceptance shall be deemed as dispatching the goods by the Seller to the Buyer or the explicit acceptance of the draft to conclude the purchase contract by the Seller by e-mail or telephone. The resulting Contract (including the agreed price) may only be amended or terminated by agreement between the Parties or on statutory grounds. These GTC have been drawn up in the Czech language, while the purchase contract may be concluded only in the Czech language. The consumer who is domiciled in a Member State of the European Union outside the territory of the Czech Republic or who is a citizen of a Member State of the European Union outside the territory of the Czech Republic agrees to conclude a purchase contract in the Czech language by confirming the order. Upon concluding the purchase contract, it is not possible to ascertain whether errors occurred during data processing prior to placing the order or to correct any such errors. The concluded purchase contract is archived by the Seller and is available upon request to the Buyer for the period of 5 years upon the date of its signature.
5. Price and payment
The offer and prices quoted at the Seller’s e-shop are contractual, final, always up-to-date and valid for as long as they are offered by the Seller in the online store. Shipping costs are listed under the section entitled “Delivery time and delivery terms”. The cost of using the means of distance communication shall be borne by the Buyer. The final calculated price after completing the order form already includes the shipment costs. The price specified for the goods at the time of ordering the goods by the Buyer shall apply as the price at the conclusion of the Contract between the Seller and the Buyer. The tax document based on the purchase agreement between the Seller and the Buyer also serves as a delivery note. In principle, the Buyer may take over the goods only after they have been paid in full, unless otherwise agreed. In the event that the Buyer makes a payment and the Seller is subsequently unable to deliver the goods, the Seller shall promptly return the performance to the Buyer in the agreed manner. The time limit for the reimbursement of the funds depends on the selected refunding method, yet it shall not exceed 30 days upon the moment when this impossibility arose. The goods shall remain the property of the Seller until full payment. The Seller accepts the following payment terms:
Payment in cash or by card when taking over the goods at the branches
Charaktery design store and BackYard
Payment in advance by bank transfer
COD – Česká pošta
COD – Zásilkovna
Online payment in advance through GoPay
In the case of the invoice payment, the maturity is 14 days upon the date of issue, unless the Parties agree otherwise, whereas the Buyer shall pay the amount so that the it is credited to the Seller’s account on the invoice maturity date, otherwise the Buyer will be in default.
6. Delivery time and delivery terms
The Seller fulfils the delivery of goods by handing over the goods to the Buyer, or by handing the goods over to the first carrier, thereby the risk of damage to the goods passing onto the Buyer. The product availability is always provided in the detail of this product. The delivery time is subject to product availability, payment and delivery terms and is up to 14 days. In usual cases, the goods are shipped within 3 business days upon the payment of the full purchase price. The final delivery date shall always be specified in the email confirming the order. The installation of the purchased goods is not included. The Seller shall send the Buyer an invoice electronically. For the goods that will be paid by the Buyer upon receipt, i.e. cash on delivery, the delivery term commences on the date of valid conclusion of the Purchase Contract according to Article 4 of the GTC. In the event that the Buyer has selected a different payment method than the payment of the goods upon receipt, the delivery term commences to run solely upon the full payment of the purchase price, i.e. upon crediting the respective amount to the Seller’s account. In the case of the returns of the goods by the Buyer to the Seller within 14 days, the Buyer shall bear the postage costs.
7. Withdrawal from the contract by the consumer
The consumer has the right to withdraw from the contract without specifying reasons within 14 days upon the date of receipt of the goods. For the purposes of exercising the right of withdrawal from the contract, the consumer must inform the Seller of the withdrawal at email@example.com.
If the consumer withdraws from the contract, the Seller shall return to them in the same manner without undue delay, at the latest within 14 days from the withdrawal from the contract, all funds including delivery costs received by the Seller under the contract. The consignment must be accompanied by all documents, including a copy of the invoice, or the contract must be otherwise credibly demonstrated. The Seller will return the received funds to the consumer in another manner only if the consumer has agreed to this and does not incur any additional costs. In the event of withdrawal or complaint, the funds received will be returned to the bank account. If the consumer has selected a method other than the cheapest method of delivery offered by the Seller, the Seller will refund to the consumer the cost of delivery corresponding to the cheapest method of delivery offered.
Except where the withdrawal is expressly agreed, the Buyer – Consumer may not withdraw from the sale of the goods made of gold or silver without specifying reasons, since under Section 1837 of the Civil Code, the goods are subject to price fluctuations of the financial market independently of the will of the Seller and which may occur during the withdrawal period.
The warranty period of 24 months shall apply to all goods. The warranty shall not apply to wear and tear caused by the normal use of the products.
The warranty terms, the exercise of rights and the complaints procedure for defective performance are regulated in detail by the Complaints Procedure, which is available at Claims Code
The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID No.: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
9. Rights from defective performance
The rights and obligations of the Contracting Parties in respect of rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code). The Buyer’s right from defective performance is constituted by a defect that the goods have when passing the risk of damage to the Buyer, even if it becomes apparent later. The Buyer’s right shall also be established by a later defect caused by the Seller in breach of its obligation.
If the defective performance consists in a material breach of the contract, the Buyer has the right:
- To remove the defect by delivering a new item without defect or by delivering the missing item;
- To remove the defect by the repair of the item;
- To a reasonable discount on the purchase price;
- To withdraw from the contract.
The Buyer shall inform the Seller of the right they have selected at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller’s consent; this shall not apply if the Buyer seeks the repair of a defect that turns out to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or if the Seller notifies the Buyer that it will not remedy the defects, the Buyer may request a reasonable discount on the purchase price instead of having the defect removed or withdraw from the contract.
If the defective performance represents a minor breach of the contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remedy the legal defect. The Seller may remedy other defects at its discretion by repairing the item or by delivering a new item; the choice may not incur excessive costs for the Buyer.
If the Seller fails to remove the defect in due time or refuses to remove the defect, the Buyer may claim a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the selected option without the Seller’s consent.
The Buyer may not withdraw from the contract or request the delivery of a new item if the Buyer cannot return the item in the condition in which it was received.
This shall not apply if:
- There was a change in the condition as a result of the inspection to detect a defect;
- The Buyer has used the item prior to detecting the defect;
- The Buyer has not caused the impossibility of returning the item in an unaltered condition by action or omission;
- The Buyer sold the item before the defect was detected, or if the Buyer changed the item within normal use, if this occurred only partially, the Buyer returns to the Seller what may be retuned and provides the Seller with the compensation to the extent that the Buyer benefited from the use of the item.
The Seller has the right to withdraw from the Contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.
10. Final provisions
The Buyer shall enable the Seller to fulfil its obligations in accordance with the Offer / Contract, to which the Buyer will provide all necessary cooperation. The Buyer undertakes to pay all costs incurred by the Seller by sending reminders and costs related to the recovery of any receivables. The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party. The Buyer shall immediately inform the Seller of a change in its identification data within 5 business days upon the date when any such change occurred. The Parties undertake to use their best endeavours to settle amicably all disputes arising out of or in association with the Contract and/or the GTC. Mutual obligations between the Parties shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter only “Rome I”), the Parties hereby declare that they have selected Czech law as the law applicable to the Purchase Contract and the GTC, excluding the application of the “United Nations Convention on Contracts for the International Sale of Goods”. The application of Article VI of Rome I concerning consumer contracts shall remain unaffected. In the event that any provision of the Contract and/or the GTC is or becomes invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Contract and/or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will have, to the maximum possible extent, the identical meaning and effect permissible by the legal regulations as the intention of the provision to be replaced. These GTCs shall come into force and effect on 1 February 2020 and are also available on the Seller’s website. The Seller is entitled to change these GTCs at any time. These GTCs shall then expire on the date the later GTCs become effective.
These General Terms and Conditions shall apply in the wording published on the Seller’s website on the date of sending the electronic order to the Buyer who accepts them without reservation.
In the event of a change in the General Terms and Conditions, the original terms and conditions in force at the time of conclusion of the purchase contract can be obtained upon request sent to firstname.lastname@example.org.
These GTCs and the Complaints Procedure shall take effect on 1 February 2020. The Seller is entitled to unilaterally change the GTCs and the Complaints Procedure.
Gold or silver sale clause
The Seller is registered with the Assay Office, registration number: 10110/2. Currently used Czech assay marks for gold, silver and platinum goods.
The Seller uses the following mark for its products:
The following assay marks are currently valid for gold, silver and platinum products:
© Nastassia Aleinikava 2020