1. Introductory Provisions
1.1. Operator
The online store at www.mineral-blaha.com (hereinafter referred to as the "internet shop") is operated by Luboš Blaha, headquartered at V Zahrádkách 2546, 544 01 Dvůr Králové nL, registered in the Trade Register maintained by the Dvůr Králové nad Labem .j OŽU / 772/2008 / Jac / 3, certificate of registration of the VAT payer at the FÚ Dvůr Králové nL, no.26980 / 02/269970/3550, IČO: 11110741 DIČ CZ6403220560 (hereinafter referred to as the " bank account: Komerční banka Dvůr Králové nL, account no .: 143 045 - 601/0100
1.2. Buyer
1.2.1. The buyer is every visitor to an online store, whether acting as a consumer or as a businessman ("buyer").
1.2.2. The buyer is a natural person who, when concluding and fulfilling the contract, does not act in the course of his commercial or other business activity (hereinafter referred to as the "consumer").
1.2.3. A buyer is a businessman who is not a consumer. Any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession or, as the case may be, a person acting in the name or on behalf of the entrepreneur (hereinafter referred to as the "entrepreneur") is also considered a entrepreneur.
1.3. Terms and Conditions
1.3.1. These General Terms and Conditions (hereinafter referred to as the "Terms of Business") govern the mutual rights and obligations of the parties arising out of or in connection with a purchase contract concluded between the seller and the buyer through the internet shop (the "Purchase Agreement").
1.3.2. Business Terms and Conditions are an integral part of the Purchase Agreement. Unless explicitly stated in the Purchase Agreement or its Annexes, or the validity of certain provisions of these Business Terms and Conditions is not excluded or otherwise modified by the Purchase Agreement or any other explicit agreement between the Seller and the Buyer, the following terms and conditions shall apply to the other parties for the mutual relations of the parties.
1.3.3. Legal relationships between the seller and the buyer not expressly regulated by these general terms and conditions are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code. The legal relations of the seller with the consumer are simultaneously governed by Act No. 634/1992 Coll., On Consumer Protection, as amended.
2. Conclusion of the purchase contract, mode of transport and payment
2.1. Offer of goods
The goods offered through the internet trade are a supply of goods which are informative only. The offer of goods is not considered to be an offer to deliver goods within the meaning of Section 1732 (2) of the Civil Code and the operator is not obliged to conclude a purchase contract with regard to the offered goods.
2.2. Order
2.2.1. An order can be made by the buyer using the form on the website of the online store. When creating an order using the form, the buyer first selects the goods of interest. After choosing the required quantity, mode of transport (see Article 2.4.1.) And the method of payment (see Article 2.5.1.), The buyer will confirm his order, making a binding proposal for the conclusion of the purchase agreement between the buyer and the operator.
2.2.2. The Buyer, by sending the order, confirms that he has read and accepted these terms and conditions.
2.3. Closing a purchase contract
2.3.1. The Operator undertakes to accept the Buyer"s Purchase Purchase Order (Purchase Order) if this proposal does not conflict with the Business Terms and Conditions and the Operator has no particular reason to believe that the Purchaser will violate the Purchase Agreement. The operator confirms the acceptance of the proposal via a message to the buyer"s electronic address.
2.3.2. The contractual relationship between the operator and the buyer arises from the delivery of the order (acceptance) received by the operator to the buyer at the electronic address specified in the order.
2.3.3. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (eg, the cost of an Internet connection or the cost of telephone calls) is borne by the buyer himself.
2.4. Way of transportation
2.4.1. Unless otherwise agreed in the sales contract, the delivery method shall be determined by the seller. If the mode of transport is agreed on the buyer"s request, the buyer bears the risk associated with such transport, including any additional costs for the mode of transport chosen.
2.4.2. For the dispatch of goods, the operator undertakes to inform the buyer of the electronic address the buyer stated when making the order.
2.4.3. Sending ordered goods means sending them to the address specified by the buyer when creating the order. The operator reserves the right to add the cost of sending the goods to the order price according to the current pricelist of the carrier.
2.4.4. In the case of sending goods abroad, the operator reserves the right to add extra costs for transport abroad to the standard transport price.
2.5. Method of payment
2.5.1. The operator offers cash on delivery in Czech Republic. Upon picking up from the carrier, in cash at personal collection at the dispensing point of the operator / when picked up by personal pickup, it is free of shipping / ..
2.5.2. When selecting a payment card payment the buyer will be redirected to the third-party payment server upon completion of the order, completing the required payment information. After verification of their validity, the order will be confirmed and the purchase price deducted from the buyer"s account.2.5.3. When choosing a payment by bank transfer, the buyer pays the order price before it is settled on the bank account of the seller. To settle an order, you need to pay a payment under the variable symbol, which is the order number and which the buyer obtains upon completion of the order. In the case of payment for goods by bank transfer, the purchase price is deemed to have been paid on the day when the relevant amount was credited to the seller"s account.2.5.4 In the case of cash on delivery, the operator reserves the right to add the cost of the cash on delivery orders.2.5.5. All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.2.5.6. The prices of goods and services offered include VAT. Unless the price expressly states that the price is stated without VAT.2.6. Rights and obligations resulting from the conclusion of the purchase contract2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and pay the purchase price.2.6.2. In the event of a violation of the terms of the Purchase Agreement or the Buyer"s Terms of Business, the Operator reserves the right to withdraw from the Purchase Agreement. In this case, the buyer is obliged to pay the operator all the costs associated with his order, in particular the cost of sending the goods if the buyer does not take it.2.6.3. In particular, the buyer is required to provide correct and truthful information when ordering the goods. The data necessary for the conclusion of the purchase contract by the buyer are considered correct by the seller.2.6.4. Seller is not bound by any code of conduct in relation to the buyer in the sense of § 1826 (1) e) Civil Code.2.6.5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.2.6.6. All vendor communications may be delivered to the buyer at the email address specified in his user account or specified buyer in the order.2.7. Gift vouchers2.7.1. Unless expressly stated otherwise by the operator, gift vouchers: can not be re-applied 2.7.2. If the gift voucher has a limited validity period, the buyer is entitled to use the gift voucher only before it expires. The seller does not provide money or any other way of compensating for the unused value of the gift voucher.2.7.3. Gift voucher can not be exchanged for money. In case the buyer takes goods at a price lower than the value of the gift voucher, he is not entitled to the value of the gift voucher or to the new gift voucher for the remainder of the original gift voucher applied. In case the gift voucher is applied in violation of the rules of the operator for the use of the gift vouchers in question, the operator has the right to reject the gift voucher as such and to withdraw from the concluded purchase agreement. In the event that they become unclear when interpreting the rules, their interpretations are determined by the operator.3. Supply of goods3.1. Delivery time3.1.1. The operator commits to send the goods to the buyer as soon as possible. The delivery time, if stated for the goods, is informative only and is not obligatory for the operator.3.1.2. The operator is not liable for damages caused by the delay of dispatch or delivery of the goods for any reason.3.2. Carriage, delivery and receipt of goods3.2.1. The buyer acquires ownership of the purchased goods by its takeover. Once the goods have been taken over, the buyer also has the risk of damage to the goods.3.2.2. Part of the delivery is a proof of purchase of the goods, which indicates the date of sale, the marking of the goods, the purchase price and the details of the seller. The Seller shall send the Buyer upon request a tax document in electronic form.3.2.3. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the package indicating an unauthorized intrusion into the consignment, it is recommended that the buyer does not accept the consignment from the carrier and complete the record of damage to the consignment. By signing the delivery note, the buyer confirms that the shipment of the consignment containing the goods was undamaged.3.2.4. Complaints of mechanical damage to goods, inappropriate goods, etc., which were not apparent when the consignment was handed over by the carrier, are required to be reclaimed by the buyer as soon as they have been discovered. The operator is not liable for damage to the goods resulting from his shipment, unless the buyer immediately applies this damage in accordance with paragraph 3.2.3. and 3.2.4. of these business conditions.3.2.5. If, for reasons of buyer"s need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method. Withdrawal from the Purchase Agreement4.1. Withdrawal from Buyer Purchase Agreement4.1.1. if it is purchase contract concluded by means of distance communication (through the internet shop), the consumer has in accordance with § 1829 et seq. of the Civil Code without any reason and without any sanction to withdraw from the contract within 14 days from the date of receipt of the goods. Returned goods must be complete, undamaged, proven unused and originally unpacked.4.1.2. If the consumer, within the statutory 14-day time limit, notifies the operator that he is withdrawing from the contract, the purchase agreement is canceled from the outset. In order to withdraw from the contract, the consumer may use the withdrawal form and the claim he has received with the purchased goods. The form should include at least the buyer"s name and surname, order number, product designation, and account number for the refund. The deadline for withdrawal from the contract of sale within the statutory 14-day period is deemed to be maintained if the consumer sends to the vendor notification that he is withdrawing from the contract.4.1.4. If the consumer withdraws from the purchase contract within the statutory 14-day period and the returned goods are not complete, non-original packaging or proven to be used or damaged, the operator is entitled to damages against the consumer and is entitled to indemnify the resulting claim for damages unilaterally on the consumer"s claim against the operator to return the purchase price. In such a case, the operator returns only the reduced purchase price to the consumer.4.1.5. The consumer acknowledges that, according to Section 1837 of the Civil Code, he can not withdraw from the purchase contract in the cases specified herein, in particular in the case of the supply of goods which have been adjusted according to the buyer"s wish or for him, in the case of the supply of perishable goods, as well as goods which have been irreversibly mixed with other goods after delivery, goods in closed packaging which the purchaser has removed from the package if he has broken their original packaging or the delivery of books4.1.6. In the event of the use of the right to withdraw from the contract, the buyer shall send or hand over to the seller without undue delay, not later than 14 days after withdrawal, the goods he has received from him, including all his parts and accessories.4.1.7. If the consumer rightfully withdraws from the purchase contract, the operator is obliged to return all funds including the cost of delivering the goods corresponding to the cheapest offered way of delivery of the goods, transfer to the consumer"s bank account or in the bank account of the consumer without undue delay, not later than 14 days after termination of the contract cash at the office. The seller will only accept the money received by the consumer in a different way if the consumer agrees with it and if it does not incur any additional costs. If you buy goods in the course of your business or business activity (which decides to enter the ID on the purchase document), the right of withdrawal does not occur to you , because the law does not specify this option.4.1.8. If the consumer withdraws from the purchase contract, the operator is not obliged to return the received funds to the consumer before the consumer delivers the goods to him or shows that he has dispatched the goods to the operator.4.1.9. If the buyer unsuccessfully withdraws from the purchase contract and still sends the goods to the operator, the goods will not be accepted or will be sent back to the consumer.4.1.10. 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 is lost and the buyer is obliged to return the goods together with the seller gift delivered.4.2. Withdrawal from the Purchase Agreement by the operator4.2.1. The operator ensures good orientation in the market of the goods sold, however, it can exceptionally occur in situations when he will not be able to deliver the ordered goods under the conditions stipulated in the purchase contract. The operator reserves the right to withdraw from the purchase contract in such cases.4.2.2. An operator also has the right to withdraw from the purchase agreement even if there has been a significant change in the supplier"s prices for the ordered goods if there has been a significant change in the price of the goods or if the operator discovers that the goods were mistakenly offered at the wrong price and the buyer did not accept the change purchase contracts, ie increase in the price of goods or increase of transport costs.4.2.3. The Buyer acknowledges that the seller is entitled to withdraw from the purchase contract concluded with the buyer who, in any of his previous obligations with the seller, has violated any of his obligations in a material manner. The violation of the previous binding relationship is considered to be substantial for the purposes of termination of the contract for conduct within the meaning of Section 2002, paragraph 2 of the Civil Code.4.2.4. If the operator withdraws from the purchase contract, he is obliged to inform the buyer immediately of the electronic address stated by the buyer when creating the order. Further, he is obliged to return the full purchase price to the buyer if this has already been paid. Rights from defective performance5.1. The rights and obligations of the parties regarding defective performance rights are governed by the respective rights generally binding regulations (in particular §§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code) and the Consumer Protection Act.5.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is liable to the buyer that when the buyer of goods taken over: the goods properties, which the parties agreed, and the absence of agreement, it has characteristics which the seller or manufacturer has described or that buyers expect, given the nature of goods and on the basis of the advertising they make, the goods fit for the purpose for which the goods are used by the seller or to which goods of this type are normally used, the goods correspond to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original, the goods are in the appropriate quantity, degree or weight and the goods comply with legal requirements.5.3. The consumer is entitled to claim the right to a defect that occurs with consumer goods within the statutory time, ie 24 months from the takeover. If there is a period of time for which the item may be used, the statutory quality assurance provisions shall apply to the items sold, its packaging, the manual accompanying the case or other legislation. If a defect occurs within 6 months of the takeover, the goods are deemed to have been defective already at takeover.5.4. Rights to defective performance can be claimed by the buyer at the seller"s address at his premises in person or by post or other mail service.5.5. When exercising the right of defective performance, the buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the operator recommends submitting, in particular, a purchase receipt.5.6. The buyer has the obligation to convince the seller of a defect, ie to provide a description of the defect of the goods for which he complains.5.7. The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.5.8. The seller or the employee authorized by him / her decides on a complaint from the consumer immediately, in complex cases within 3 business days. This period does not include a period of time appropriate to the type of goods or services needed to expertly assess the defect. The consumer"s complaint, including the removal of the defect, will be settled by the seller without undue delay, no later than 30 days after the date of the claim, unless the seller agrees with the consumer for a longer period.5.9. If the operator does not reject the complaint, issue a buyer confirmation of receipt of the complaint, which will include among other things, the identification of the operator and the buyer, what is the content of the claim by the buyer, what method of claim handling buyer calls, date and place of receipt of the complaint and signature provozovatele.5.10. The consumer is entitled to reimbursement of the expense incurred in connection with the exercise of his right to defective performance.5.11. The complaint has been processed and how the operator is obliged to inform the buyer, to the e-mail address that he / she stated in the complaint or through another contact information, which will allow the buyer to notify you of the settlement of the complaint. In this notice, the operator shall specify a time limit for picking up the claimed goods.5.12. In the event that the Buyer fails to collect the goods claimed by the Operator, the Operator is entitled to charge reasonable warehouse or goods for sale to Buyer"s account. This procedure must be notified in advance by the purchaser and give him an adequate additional period for taking over the goods.5.13. The operator shall not be liable for any loss, injury or property damage, whether direct or indirect, caused by a defect in the goods delivered, provided that such loss, injury or property damage do not enjoy negligence, omission or intent on the part provozovatele.6. Privacy Policy6.1. The handling of personal data of buyers is subject to the amendment of Act No. 101/2000 Coll., On the Protection of Personal Data and on Amendments to Certain Acts, as amended.6.2. Buyer agrees to the processing of their personal data, which means the name, address, identification number, tax identification number, email address, gender, bank account number and phone number, and consents to the collection and processing of personal data by the operator for the purpose of implementation rights and obligations of the purchase contract, the operation of a loyalty program and for the purpose of keeping a user account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending commercial messages to the buyer. The buyer agrees to send commercial communications on a voluntary basis and may withdraw it free of charge at any time by using the link at the end of the sales note. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a purchase contract.6.3. The Buyer acknowledges that he is obliged to state his or her personal data (when registering, in his / her user account or in the order) in a correct and true manner and that is obliged to inform the seller of any change in his personal information without undue delay.6.4. By processing the buyer"s personal data, the seller may assign a third party as processor. .6.5. Personal data will be processed indefinitely in electronic form in an automated manner or in a printed form in a non-automated manner.6.6. In the event that the buyer considers that the seller or processor carries out the processing of his or her personal data contrary to the protection of the buyer"s private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to the purpose of their processing, may: ask the seller or processor for explanation, require the seller or processor to remove the resulting condition.6.7. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the preceding clause for an adequate reimbursement not exceeding the costs necessary to provide the information. Buyer agrees to send information related to the seller"s goods, services or business to the buyer"s electronic address and agrees to send the sales announcements to the buyer"s email address.6.9. Buyer agrees to store so-called cookies on his computer. By setting up your web browser, buyers can manually delete, block, or totally disable individual cookies. Individual cookies can also be blocked or allowed only for specific sites.7. Final provisions7.1. The language of communication between the operator and the buyer and the language of the purchase contract is the Czech language. Closed purchase contracts are archived by the operator in electronic form and are not accessible to other persons.7.2. Should any of these terms and conditions be invalid or ineffective for any reason, this shall not invalidate or invalidate any other part of the Terms of Business or the Purchase Agreement.7.3. The operator may change or add the wording of the terms and conditions. The changed business terms and conditions are effective from the date of their publication. The rights and obligations of the operator and the buyer created before the effective date of the new version of the business terms and conditions are not affected by the change.7.4. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights resulting from generally binding legal regulations.7.5. The seller is authorized to sell the goods on the basis of a trade license. The trade license 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 exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll., As amended.7.6. The parties agree that the jurisdiction of the courts of the Czech Republic is given for the settlement of any disputes between the operator and the buyer. Any disputes between the operator and the consumer may also be dealt with by an out-of-court procedure. In such a case, the consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online through the dedicated ODR platform. Before the out-of-court dispute resolution is resolved, the operator recommends the buyer to use the electronic address info@mineral-blaha.com to address the situation. Info@mineral-blaha.comTransport and paymentWe are currently sending goods via the Czech Republic via cash on delivery and Slovakia via PPL for cash on delivery.Česká Republic - usually delivery time 2-3 days.Postage for the Czech cash postcard is 0 to 4.9 kg = 120, - CZK without VAT 4.9 - 9.9 kg = 140, - CZK without VAT 10,0 - 19,9 kg = 160, - CZK without VAT 20,0 - 30,0 kg = 200, - CZK without VAT 30,0 - 35 kg = 250, -Kč excl. VAT 35,1 - 50 kg = 300, -Kč excl. VAT each additional package 30 kg = + 100, - CZK, 50 kg = + 150, -Kč without DPHSlovakia delivery time 3-5 days.Postage for COD over PPL in Slovakia is: - 0 - 4,9 kg = 240, - CZK without VAT - 5,0 - 9,9 kg = 280, - CZK without VAT - 10,0 - 20 kg = 320, - CZK without VAT - 20,1 - 30 kg = 450, -Kč bez DPHBalné je free - we do not charge. The shipment to Slovakia is shipped over the PPL and upon payment you will pay in euros according to the course rate. PaymentsTo the maximum satisfaction of all customers we currently offer a cash on delivery or personally.Payment: Payment to the postman / courier upon taking over the package.Payment on site at personal collection: Comfortable payment in cash at the headquarters of the company (Dvůr Králové nL). Credit card payment: At present, credit card payments can be made at the time of personal collection. If you have any questions, please do not hesitate to contact us at info@mineral-blaha.com or phone number (+420) 499 624 094 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer at the same time it is obliged to register the received revenue with the tax administrator online, in the case of a technical outage not later than 48 hours.ContactsThe contact details below are for communication with you about your problem or inquire about the complaint process.Luboš Blaha, V zahrádkách 2546, 544 01 Dvůr Králové nad LabemTel: (+420) 499 624 094 E-mail: info@mineral-blaha.com In Dvůr Králové nad Labem on 20.6.2018