Terms and Conditions
Advantage-fl.cz s.r.o., IČ (Company ID): 28217179 having its registered office at Ke Kameni 266, 251 62 Louňovice, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 133219
I. Basic Provisions
1. These terms and conditions contain the terms of sales of the goods - products and accessories for goldsmiths (hereinafter referred to as the “Goods”) and apply solely as part of a purchase contract entered into between Advantage-fl.cz s.r.o. as the seller and another person as the buyer. The contract may be concluded orally, in writing with signatures of the parties on the same document or in the form of a purchase order and its subsequent acceptance by the seller. These terms and conditions also apply to purchases made online at http://www.advantage-fl.cz.
2. All contracts must be concluded in accordance with the laws of the Czech Republic, including but not limited to Act No. 89/2012 Coll., Civil Code, and the Consumer Protection Act (No. 634/1992 Coll.).
II. Concluding the Purchase Contract
1. By entering into the purchase contract, the Buyer confirms that he/she/it is familiar with these terms and conditions, including the claims procedure, and agrees with them. The Buyer has been sufficiently notified of the possibility to become familiar with the terms and conditions prior to submitting the purchase order. The Buyer’s purchase order is an offer to conclude a purchase contract and the actual purchase contract shall be concluded upon the delivery of the binding acceptance of the offer to the Buyer (in the form of a binding confirmation of the purchase order by the Seller). From that moment, the Buyer and the Seller shall have rights and obligations towards each other.
2. After ordering the Goods using means of remote communication (Internet or phone), the Buyer will immediately receive an order confirmation at the e-mail address provided when ordering. If no e-mail is received, the Buyer should check the e-mail address provided during registration. If the e-mail address is correct and no order confirmation has been received, the Buyer can contact the Seller at firstname.lastname@example.org or during work hours at +420605216756.
If the Seller fails to confirm the Buyer’s purchase order but delivers the ordered Goods to the Buyer, the purchase contract shall be deemed to have been concluded upon the acceptance of the Goods by the Buyer.
3. The term of validity of the offer of the Goods and the price of the Goods is unlimited unless expressly stated otherwise by the Seller, and the Seller shall be entitled to amend the offer.
4. By entering into the purchase contract, the Seller agrees to deliver the Goods to the Buyer and transfer the title to the Goods onto the Buyer, and the Buyer agrees to pay the purchase price and any transport cost (postage).
5. The Buyer shall not bear any costs related to making a purchase order for the Goods.
6. In the event that the ordered Goods are not in stock, the Seller reserves the right to change the price of the Goods once they are delivered to stock.
III. Delivery of the Goods
Unless the Parties agree otherwise, the Goods shall be deemed to have been delivered upon their handover to the Buyer at the Seller’s warehouse or location in the Czech Republic or their delivery to the place of delivery specified by the Buyer. The Buyer shall be always notified by e-mail that the relevant Goods are ready for handover or, where appropriate, that they have been picked from the warehouse and will be delivered on a specific day to the appropriate destination.
IV. Payment Terms
1. The purchase price includes VAT at the statutory rate. Where the Goods are sent to the Buyer, shipping is charged in addition to the price in accordance with the shipping charges specified in the order confirmation.
2. The Buyer has a choice of the following payment methods.
a) Cash on delivery – cash payment upon acceptance of the Goods.
The Buyer shall pay the price upon accepting the Goods at the Seller’s location or as cash on delivery to another place of delivery specified by the Buyer. Upon handover of the Goods, the Buyer shall also receive a correctly issued tax document.
b) Bank transfer – payment in advance.
The Buyer shall pay for the Goods by bank transfer to the Seller’s account before the Goods are delivered. Where payment is made in advance, the Seller shall issue a pro forma invoice on the basis of which the Buyer shall pay the price. The Buyer shall always pay the purchase price to the Seller's bank account specified in the pro forma invoice. The Seller shall take the steps necessary for the delivery of the Goods immediately after receiving the payment. Upon handover of the Goods, the Buyer shall also receive a correctly issued tax document.
3. Where individual customer discounts and special deals on the Goods or time limited offers can be used, the discounts cannot be combined and the higher discount shall apply.
V. Using Gift Cards
1. The value and validity of a gift card is specified on the gift card.
2. A code is assigned to every gift card.
3. Gift cards are not redeemable for cash.
4. Each gift card can be only used in a single purchase.
5. Gift cards of the selected value may be used to pay for a purchase order or part thereof in the amount shown on the gift card.
6. If the value of the Goods is lower than that of the gift card, the difference cannot be redeemed or compensated.
7. The Seller reserves the right to refuse to accept a damaged, falsified or otherwise visibly degraded gift card.
VI. Withdrawing from the Contract
1. A purchase contract may be withdrawn from on statutory grounds. The Buyer shall bear the costs associated with returning the Goods where the contract is withdrawn from on grounds not attributable to the Seller. In case of withdrawal, the Parties shall immediately return to each other everything they have provided to each other until then.
2. If the Buyer is a consumer as defined in Section 419 of the Civil Code, the Buyer shall be entitled to withdraw from the purchase contract in situations listed in Art. III (4) of these Terms and Conditions and situations including but not limited to the following:
- If the Seller’s delay in delivering the Goods is a material breach of the contract, in which case the Buyer must withdraw from the contract without undue delay after having learnt of the delay;
- Within 14 days after accepting the Goods without giving a reason and with no penalty if the contract was concluded using means of remote communication (including but not limited to the Internet) unless the Goods have been customized according to the Buyer’s preferences or for the Buyer. When exercising this option, within 14 days the Buyer shall send or hand over the relevant Goods to the Seller in the same condition in which the Goods were received. If the Goods are not returned in the original condition, the Seller may claim compensation for the impairment of the Goods from the Buyer and set it off against the refunded amount. The Buyer shall bear the expenses associated with returning the goods. The Seller shall refund the proportionate amount to the Buyer within 14 days after the withdrawal (but not before the Buyer returns the Goods or provides proof that the Goods have been sent). To withdraw from the purchase contract, the Buyer can use a template provided by the Seller which is attached to these Terms and Conditions. However, the use of this form is not mandatory. The Buyer shall send the withdrawal from the purchase contract to the Seller’s location at Advantage-fl.cz s.r.o., U trati 38, Prague 10, 100 00 or to the Seller’s e-mail address email@example.com.
VII. Liability for Defective Goods
1. The Seller shall hand over the Goods to the Buyer in the agreed quantity, quality and design. In cases where quality and design are not agreed, the Seller shall provide quality and design suitable for the purpose evident from the purchase contract; where none is evident, for the customary purposes. The Buyer shall not have any rights arising from defective goods if the defect is of such nature that the Buyer must have recognised the defect if exercising due care when entering into the contract, if the Buyer knew about or caused the defect. This shall not apply if the Buyer was expressly assured by the Seller that the item was free of defects or if the Seller concealed the defect maliciously.
2. Unless agreed otherwise, the Seller shall package the item in the customary manner; if none exists, the item shall be packaged in a manner necessary to store and protect the item.
3. The Buyer shall check the integrity of the packaging, the quantity and condition of the Goods upon delivery. If it is difficult or impossible to check the Goods, the Buyer shall subsequently check the Goods without undue delay.
4. If the Buyer receives Goods that are not consistent with the purchase contract (including but not limited to unintentional confusion when packaging the Goods) or that are defective, the Buyer shall send or hand over in person the unused Goods in the original or another suitable packaging together with the delivery note / invoice (or copies thereof) back to the Seller attaching a list of the defects. The Seller shall then deliver new Goods to the Buyer.
5. If the purchase contract is entered into between the Seller and a consumer-buyer, the Seller shall give a 12-month quality warranty unless specified otherwise by the Seller for specific Goods (such as non-durable goods). This shall not affect the Buyer’s right to exercise rights arising from defects that arise within 24 months after the acceptance of the Goods.
6. If the purchase contract is entered into between the Seller and a non-consumer-buyer, the Seller shall always give a quality warranty ad hoc in each individual case, usually based on the warranty given by the Seller’s supplier.
7. When submitting a claim regarding plaster or wax, the Buyer shall always first contact the Seller by phone or e-mail. The claim must contain a detailed and complete description of the work process and the batch number must be specified for plaster (shown on the packaging).
8. The warranty period shall commence upon the delivery of the Goods. If the contract states that the Goods are to be shipped, it shall commence upon the delivery of the item to the destination. Where commissioning by an entity other than the Seller is required, the warranty period shall commence on the day of commissioning if the Buyer orders the commissioning within three weeks after accepting the goods and provides the cooperation necessary for the performance of the service in a proper and timely manner.
9. The Buyer shall not have any rights arising from the warranty if the defect was caused by an external event upon the transfer of the risk of damage to the item onto the Buyer. This shall not apply if the defect was caused by the Seller.
10. When submitting a claim during the warranty period, the Buyer shall send or hand over the Goods to the Seller in the original or another suitable packaging, attaching specifications of the reason for the claim listing the defects.
11. The Buyer shall always exercise its rights arising from liability for defects of the Goods at the time of delivery and for defects that appear during the warranty period without undue delay. The Seller shall handle claims within a reasonable period of time, usually within 30 days after the date of the claim.
VIII. Information Regarding Special Rights of a Consumer-Buyer Arising from Defective Performance, Warranty Related Rights of a Consumer-Buyer and Other Conditions for Exercising These Rights
1. The Seller shall be liable towards the Buyer for ensuring that the Goods are free of defects upon their acceptance. If a defect manifests within six months after the acceptance, it is assumed that the goods were defective at the time of acceptance. The Seller shall be liable towards the Buyer, in particular, for ensuring that at the time when the Goods are accepted by the Buyer
- The Goods have the properties agreed by the Parties, and in the absence of such arrangements, they have properties described by the Seller or the manufacturer or expected by the Buyer due to the nature of the Goods and based on advertisements of the Seller or the manufacturer;
- The Goods are fit for the purpose which was specified for their use by the Seller or for which goods of that type are normally used;
- The Goods are consistent with the quality or design of the agreed sample or model if the quality or design were determined based on an agreed sample or model;
- The quantities, dimensions or weight of the Goods are adequate;
- The Goods comply with legal requirements.
2. The Buyer is entitled to claim defects that occur within twenty-four months after the acceptance of the Goods.
3. Upon the Buyer’s request, the Seller shall confirm in writing to what extent and for how long the Seller will continue to be liable for potential defective performance. The Seller has obligations arising from defective performance at least in the extent to which the manufacturer’s obligations arising from defective performance last.
4. In the event that the Goods do not have the required properties, the Buyer may require the delivery of a new item free of defects unless this is inadequate and unreasonable due to the nature of the defect; however, if only part of the item is defective, the Buyer may only require replacement of that part; it this is not possible, the Buyer may withdraw from the contract. If this is inadequate due to the nature of the defect, especially if the defect can be remedied without undue delay, the Buyer shall be entitled to have the defect remedied free of charge. In addition, the Buyer shall be entitled to have a new item delivered or a part replaced even in case of a removable defect if the item cannot be duly used due to recurrence of a defect after a repair or due a larger number of defects. In that case, the Buyer shall be also entitled to withdraw from the contract. If the Buyer chooses not to withdraw from the contract or fails to exercise the right to have a new item free of defects delivered, its part replaced or the item repaired, the Buyer may require an adequate discount. The Buyer shall also be entitled to an adequate discount in the event that the Seller is unable to deliver a new item free of defects, replace part of the item or repair the item, as well as in the event that the Seller fails to remedy the defect within a reasonable period of time or the remedy of the defect would cause significant complications to the Buyer.
5. Once the Buyer exercises its right to claim defective performance, the other Party shall confirm in writing when the right was exercised, when the defect was repaired and how long it took.
IX. Personal Data Protection
1. The Seller as a controller of personal data of the buyers - natural persons (data subjects) provides the following information to the data subjects in accordance with the provisions of Art. 13 of Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”).
2. The legal basis (legal title) for the processing of personal data is the performance of a contract (as part of which the personal data are provided to the Seller), the Seller’s legitimate interests in keeping records of contractual partners as well as complying with the Seller’s accounting obligations (keeping accounting and tax records).
3. The purpose of the processing of personal data is keeping records of and performing contracts (including the Buyer’s rights arising from liability for defects) and accounting.
4. The Seller may disclose personal data to third parties - recipients: processors processing personal data for the Seller under a personal data processing agreement.
5. The Seller shall store personal data for a period of time needed to meet the purposes of the processing (in accordance with the duration of the legal right to process the data).
6. The Buyer as a data subject shall have the following right in connection with the processing of personal data:
- Right of access to personal data. Upon the data subject’s request for information regarding the processing of the data subject’s personal data, the controller shall issue a confirmation whether personal data concerning the data subject are processed at that time; if so, the data subject has the right of access to the personal data processed (including a copy thereof) and to the following information: purposes of processing, categories of personal data concerned, recipients or categories of recipients, the planned period of storage of the personal data, or the criteria used to determine this period of time, information about the rights of the data subject, the source of the personal data if not obtained from the data subject, information about the fact that automated decision-making (including profiling) is used, information about any transfer of personal data abroad or to an international organisation and information about appropriate guarantees to the benefit of the data subject.
- Right of rectification of personal data. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure of personal data (“the right to be forgotten”) or to limitation on processing. The data subject has the right (where so defined in the Regulation) to request erasure of personal data, especially if the purpose of the processing has been achieved or ceased to exist, or to request limitation on processing of personal data.
- The data subject has the right to object to processing. The data subject has (where so defined in the Regulation) the right to object to the processing of personal data, especially in case of further processing necessary for the purpose of the legitimate interests pursued by the controller or a third party or processing for the purposes of direct marketing.
- Right to personal data portability. In case of automated processing of personal data, the data subject shall have (under the conditions defined in the Regulation) the right to portability of data, i.e. the right to obtain personal data and the right to have personal data transferred to another controller.
- Right of protection of data (their integrity and confidentiality). In this respect, the data subject acknowledges that the controller has adopted appropriate technical and organizational measures preventing unauthorised or unlawful processing and accidental loss, destruction, damage or alteration of personal data.
- The right to lodge a complaint with a supervisory authority. The data subject has the right to file a complaint with the Office for Personal Data Protection.
X. Final Provisions
1. The Seller and the Buyer may deviate from these Terms and Conditions if they agree on such a change. In that case, any such agreed changes shall take priority over the relevant provisions hereof.
2. If any provisions of the contract or these Terms and Conditions become invalid, the remaining provisions shall remain valid.
3. These Terms and Conditions are an integral part of the relevant purchase contract which will be stored by the Seller and accessible to the Buyer upon request.
4. All relationships and any disputes that arise from a contract shall be resolved exclusively under the laws of the Czech Republic and shall be decided by the competent courts of the Czech Republic.
5. Out-of-court settlement of consumer complaints shall be handled by the Seller via e-mail at firstname.lastname@example.org. The Seller shall send information regarding the handling of the Buyer’s complaint to the Buyer’s e-mail address. Within the meaning of Section 1820 (1) (j) of the Civil Code, the Seller hereby informs that consumers may file out-of-court complaints to the supervisory authority – Czech Trade Inspection Authority having its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ (Company ID No.): 000 20 869, website: https://adr.coi.cz/cs. The Czech Trade Inspection Authority handles out-of-court complaints of consumers in a manner and under the conditions laid down in the relevant legislation. An on-line dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
6. European Consumer Centre Czech Republic having its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the point of contact as defined in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
7. The Buyer agrees with the saving of cookies on their computer. If the purchase at the website can be made and the Seller's obligations arising from the purchase contract may be fulfilled without saving of cookies on the Buyer's computer, the Buyer may revoke the consent under the preceding sentence at any time.
8. Under the Sales Registration Act, the Seller is required to issue a receipt to the buyer. At the same time, the Seller is required to register the sales revenue with the tax administrator online; in case of a technical issue, no later than within 48 hours.
9. This contract is drawn up in Czech. If the wording of the contract must be translated for the Buyer’s purposes, the interpretation of the Czech wording of the contract shall prevail in case of a dispute regarding the interpretation of terms.
10. These Terms and Conditions including all parts thereof shall come into force and effect on 2 March 2017 and supersede previous wordings of the TCs including parts thereof. The Terms and Conditions are available in Advantage-fl.cz s.r.o. stores or online at www.advantage-fl.cz.