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1. General provisions

By sending a binding order, the buyer confirms that he/she has read these terms and conditions and agrees to them. These terms and conditions, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the ‘Civil Code’), further define and specify the rights and obligations at the conclusion of the purchase contract between the seller: Petr Černý, K Rybníku 656, 25301 Hostivice, ID 71895108, registered in ŽR on 10 May 2006, municipality of Příbram, operates an online shop with minerals and at the Internet address https://sberatelmineralu.cz (hereinafter referred to as the ‘Website’), via the interface of the Website (hereinafter referred to as the ‘Shop Web Interface’) and the Buyer.

1. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
2. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English. The Purchase Contract may be concluded in Czech and English.
3. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. Definition of terms

1. Price is the amount of money you will pay for the goods.
2. The price for shipping is the amount of money you will pay for the delivery of the goods, including the cost of packing them.
3. The total price is the sum of the price and the shipping cost.
4. VAT is the value added tax according to the current legislation.
5. The invoice is a tax document issued in accordance with the Value Added Tax Act for the total price.
6. Order is an irrevocable proposal by the buyer to conclude a contract for the purchase of goods with the seller.
7. User account is an account set up on the basis of the data provided by the buyer, which enables the storage of the data entered and the storage of the history of the ordered goods and concluded contracts.

3. Subject of the contract

1. The subject of the contract is the goods specified in the Buyer’s binding order. The dimensions, weight, location of origin and relevant photograph(s) correspond to the characteristics of each individual item. Before ordering the goods, the buyer may make an enquiry by email to verify or supplement these details. All photographs are protected by copyright.
2. The stones sold on this website are decorative or collectible items, intended to be handled in a manner appropriate to that purpose, in particular for display. They are not intended to be accessible for handling by small children.  They are not intended for consumption or contact with mucous membranes and may contain components that are hazardous to health, both physically (sharp crystals, needle-like to fibrous crystals) and chemically (harmful elements). In the event of handling other than the standard handling of collectibles or decorative objects, the seller shall not be held liable for any possible health effects.
3. The Seller undertakes to deliver the goods to the Buyer in a condition consistent with the specification as described.
4. The place of delivery of the goods shall be the delivery address specified by the Buyer on the order form.

4. User account

1. Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as ‘user account’). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop. To create a user account, it is necessary to fill in the information required by the registration form.
2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
3. The Buyer is not entitled to grant the use of the user account to third parties.
4. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 3 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
5. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

5. Records and protection of personal data

1. All personal data provided by the buyer is confidential and will be used exclusively for the seller’s business purposes and will not be disclosed to third parties. The only exception is external carriers of shipments (Czech Post, etc.). All data will be handled in accordance with Act No. 101/2000 Coll. on the protection of personal data.
2. The buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as ‘personal data’).
3. By ticking the box ‘I agree to the processing of personal data for the purpose of sending the newsletter’, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
4. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner. Personal data will be processed for the above purposes until the consent given is withdrawn. The customer may withdraw consent at any time by sending an e-mail from the e-mail address for which consent is given.
5. The buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase on the website can be made and the seller’s obligations under the purchase contract can be fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw the consent according to the previous sentence at any time.

6. Ordering the goods and concluding the contract

1. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.
2. The validity of the order is subject to the proper completion of all the prescribed data and requirements specified in the order form by the buyer. To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
   • – the goods ordered (the goods ordered are ‘inserted’ by the buyer into the electronic shopping cart of the web interface of the shop),
   • – the method of payment of the purchase price of the goods, the details of the desired method of delivery of the ordered goods and his identification and contact details used to enable the seller to deliver the goods, in particular, name, surname, delivery address, telephone number and e-mail address.
   • – information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘order’).
3. During the creation of the Order, the Buyer may change and check the data until the Order is completed. After checking by pressing the ‘Submit Order’ button, the Buyer completes the order. Before pressing the button, the buyer must confirm that he/she has read and agreed to these terms and conditions, otherwise the order cannot be completed. A checkbox is used to confirm and agree. After pressing the ‘Submit Order’ button, all completed information will be sent directly to the seller. Sending an order is considered to be an act of the buyer that identifies the goods ordered, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer’s confirmation that he has read these terms and conditions.
4. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail, to the Buyer’s e-mail address indicated in the user interface or in the order (hereinafter referred to as the ‘Buyer’s e-mail address’). The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
5. The draft purchase contract in the form of an order is valid for fifteen days.
6. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer’s electronic mail address.
7. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address, indicating the possible variants of the order and requesting the Buyer’s opinion. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon the Buyer’s acceptance via e-mail.
8. The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.
9. In the event that an obviously incorrect price is indicated in the e-shop or in the order, the seller is not obliged to deliver the goods to the buyer at this price, even if the buyer has received the order confirmation and therefore the contract has been concluded. In such a situation, the Seller will contact the Buyer immediately and we will send the Buyer an offer to conclude a new contract in a modified form compared to the order. In such a case, the new contract is concluded when the buyer confirms the new offer. An apparent error in price is considered to be, for example, a situation where the price does not correspond to the normal price of the goods or where a digit is missing or missing.
10. In the event that a contract is concluded, the buyer is obliged to pay the total price. The buyer undertakes to take delivery of the ordered goods and to pay the total price for the goods, including delivery costs (postage, cash on delivery) as stated in the order confirmation.
11. The Buyer has the right to cancel the order sent by him by notification sent to the Seller’s email address [email protected] within one hour after the order has been sent.
12. The Seller is entitled, depending on the nature of the order – the quantity of goods, the amount of the price, etc. – to ask the Buyer to authorize the order in an appropriate manner (e.g. by e-mail or telephone). The order shall be deemed invalid if the Buyer refuses to authorise the order in the requested manner. The Seller reserves the right to refuse an order if the information given about the Buyer or the place of delivery is misleading, incorrect or incomplete.
13. If the Buyer fails to fulfil its obligation to take delivery of and pay for the goods ordered, the Seller shall have the right to suspend or refuse to process further orders from that Buyer.

7. Price of goods and payment terms

1. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. The Seller does not require a deposit or any other similar payment from the Buyer.

2.  The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

A) in cash at the Seller’s premises at Korunní 906/29,

B) in cash on delivery at the place specified by the Buyer in the order;

C) cashlessly using the payment gateway of Comgate, a.s.: Online payments for this e-shop are provided by the payment gateway ComGate. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

Details about the payment gateway and Comgate, a.s. can be found on the website at the following link: https://www.comgate.cz/cz/platebni-brana

a) Payment by card

Comgate Payment Gateway supports Visa, Visa Electron, Mastercard and Maestro cards.

Payment gateway card payment procedure: by ticking the ‘card payment’ option in the “Checkout” form and confirming this option with the ‘go to card payment’ button, the customer will be taken to the Comgate payment gateway environment. After filling in the ‘card number’ field, then the ‘expiration date’ field and the ‘CVC/CVV’ field – three numbers located in the signature strip on the back of the card, the customer confirms the payment by pressing the ‘pay XYZ CZK’ button, in which the amount of his order stands out. When the payment is successfully made, a ‘paid payment’ confirmation appears.

Payment by card with a currency that is not allowed in the e-shop. In this case, the conversion to that currency is carried out by the client’s home bank at its own current exchange rate

b) Payment by bank transfer

Immediate payment via online banking: when checking the ‘bank transfer’ option in the “Checkout” form and confirming this option with the ‘go to payment’ button, the customer will be taken to the Comgate payment gateway environment.

The Comgate payment gateway redirects the customer to his/her online banking account, where he/she logs in in the standard way and confirms the payment order already prepared. Once the payment is complete, the customer will be redirected back to the store. The payment is confirmed immediately.

contact details for Comgate, Inc. for any complaints or payment queries:

Comgate, a.s.

Gočárova třída 1754 / 48b, Hradec Králové, Czech Republic

E-mail: [email protected]

Tel: +420 228 224 267

2.         In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

3.         Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

4.         The Seller shall issue a tax document – invoice to the Buyer in respect of the payment made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.

8. Withdrawal from the contract

1. The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829 (1) of the Civil Code, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence.
2. According to the legal regulation, the buyer has the possibility to withdraw from the purchase contract by first informing the seller by sending an email to [email protected] or in writing to the correspondence address of the online shop.
3. The Buyer is obliged to deliver the goods to the Seller complete, including complete documentation (invoice, completed return form provided by the Seller, which is an annex to the Terms and Conditions), undamaged, preferably in the original shipping packaging (however, this is not binding). Otherwise, the Seller may refuse the goods or, by agreement with the Buyer, demand a proportionate refund of the purchase price.
4. In the event of withdrawal from the purchase contract pursuant to Article 8.1 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5. In the event of withdrawal from the contract according to Article 8.1. of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase contract. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way, if the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
6. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
7. The seller is entitled to withdraw from the contract of sale at any time until the goods have been accepted by the buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

9. Transport and delivery of goods

1. If the method of transport is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
2. For fragile items, where their nature is not compatible with sending by parcel service, the Seller reserves the option of personal delivery of the purchased item only. Such items are indicated on the website by a note in the text description.
3. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
4. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
5. In the event of re-shipment after failure to receive the goods in time, the Buyer shall pay the Seller the costs associated with the re-shipment of the order in full (postage).
6. In the case of non-acceptance of the order – shipment on delivery or payment by bank transfer, a penalty of 200 CZK is set to cover the necessary costs incurred by the Seller by not collecting the order, payable within 14 calendar days from the return of the shipment. Failure to accept the shipment does not terminate the purchase contract and the seller has the right to pay the costs associated with transport.
7. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. The responsibility for transport of the shipment shall be assumed by the carrier.
8. Shipment of the goods via the carrier (Czech Post, s.p., etc.) will take place within 5 working days of order confirmation. The shipping price depends on the weight of the shipment and is indicated in the order form. Cash on delivery is charged 36 CZK. Personal collection at our office in Korunní Street No. 29 is free of charge.

10. Delivery

1. Notices concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the purchase contract, if sent in writing, must be delivered by registered letter. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and to be effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
2. A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall also be deemed to have been delivered.
3. The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address indicated in the Buyer’s user account or indicated by the Buyer in the order, or to the address indicated on the Seller’s website.

11. Rights from defective performance

1. The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
   • the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
   • the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
   • the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
   • the goods are in the appropriate quantity, measure or weight; and
   • the goods comply with the requirements of the legislation.
3. The provisions set out in Article 11.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to a defect in the case of used goods corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
5. If the goods are defective, the buyer may notify the seller of such defect and exercise the rights arising from the defective performance (i.e. claim the goods) by sending an e-mail to [email protected] or a letter to Petr Černý, Korunní 906/29, 12000 Prague 2, Czech Republic. For the complaint it is possible to use a sample form, which is an attachment to the terms and conditions. In exercising the right of defective performance it is necessary to choose how the buyer wants to resolve the defect.
6. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
7. Address for sending the claimed goods: Petr Černý, Korunní 906/29, 12000 Prague 2, Czech Republic

12. Final provisions

1. Unless these Terms and Conditions provide otherwise, the legal relations between the parties shall be governed by the provisions of the New Civil Code No. 89/2012 Coll.
2. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
3. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
5. In the event that a consumer dispute arises between the Seller and the Consumer under the Purchase Contract or the Service Contract, which cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such dispute to the designated body for out-of-court settlement of consumer disputes, which is: Czech Trade Inspection Authority – Česká obchodní inspekce, Central Inspectorate – ADR Department, Štěpánská 15, Prague 2, 120 00, Czech Republic, e-mail: [email protected] , website: adr.coi.cz¨
6. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
7. A sample form for withdrawal from the purchase contract is attached to the Terms and Conditions.
8. Contact details of the Seller: delivery address, e-mail address, telephone: Petr Černý, Korunní 906/29, 12000 Prague 2, Czech Republic, e-mail: [email protected], telephone: +420 602221320

Download Form – Contract Withdrawal