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Terms and Conditions

Jan Pokštefl
ID: 07116888
with its registered office at K Tabulkám 1453, Kostelec nad Orlicí, 517 41

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of Jan Pokštefl (www.rawgold.eu), with its registered office at K Tabulkám 1453, Kostelec nad Orlicí, Postal Code 517 41, Identification Number: 07116888 (hereinafter referred to as the “Seller”) with the provision of § 1751 paragraph 1 of Act no. 89/2012 Coll., Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of the purchase agreement (hereinafter the "purchase agreement") concluded between the seller and another natural person (hereinafter the "buyer") “) Through the seller's online store. The online store is operated by the seller on a website located at the internet address www.rawgold.eu (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. 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. USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

3.2. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. After ordering the goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

3.3.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.3.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.3.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.4. Before the data that the buyer entered into the order, even with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "ORDER" button. The data provided in the order are sent to the seller, the buyer is allowed to check and change the seller is considered correct. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.7. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

cashless transfer to the account of the seller no. 231355079/0600, kept at MONETA Money Bank, a.s. (hereinafter referred to as the "seller's account")

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Art. 4.6 business conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program original packaging.

5.2. If it is not a case referred to in Art. 5.1 of the business conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. 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. Withdrawal from the purchase contract must be made to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the standard form provided by the seller, which forms an annex to the terms and conditions or makes any other unambiguous statement. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's business premises or to the seller's e-mail address.

5.3. In case of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. If the buyer withdraws from the purchase contract, he shall send or hand over to the seller without undue delay, no later than fourteen (14) days from the withdrawal from the purchase contract, the goods he has received from him. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.

5.4. In case of withdrawal from the contract according to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner. The seller will return the money received to the buyer in another way only if the buyer has agreed and if he does not incur additional costs. 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 or proves that he sent the goods to the seller.

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. If the seller withdraws from the purchase contract, he shall return to the buyer without undue delay, no later than fourteen (14) days from the withdrawal from the purchase contract, all funds, including delivery costs received from him under the contract, in the same manner. The seller will return the money received to the buyer in another way only if the buyer has agreed and if he does not incur additional costs. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.

5.7. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.

5.8. The buyer is only liable to the seller for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle with regard to their nature and properties. This does not apply if the seller has not provided the buyer with information in accordance with the provisions of § 1820 para. F). of the Civil Code.

5.9. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given gift.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. 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 over the goods upon delivery.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

6.6. If the order is not picked up by the buyer, the buyer is obliged to pay the costs associated with shipping and packing the goods in the amount of CZK 150.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, if by the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the buyer has rightly criticized the seller for the defect, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective item.

7.5. Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint in any establishment where the complaint can be accepted with regard to the range of products or services provided, or in the registered office or place of business. Defective performance rights can be claimed from the seller at the address of its establishment for complaints, at the address: Jan Pokštefl, Na Výtoni 6, Prague New Town, 128 00.

7.6. If the goods do not have the characteristics set out in

l 7.2. the buyer may require the delivery of new goods without defects, if this is not disproportionate to the nature of the defect, if the defect concerns only a part of the goods, the buyer may only request a replacement of the part; if this is not possible, the buyer may withdraw from the purchase agreement. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.

7.7. If the defect is remediable, the buyer can demand either repairs or additions to what is missing, or a reasonable discount on the price. If the defect cannot be eliminated and the goods cannot be used properly for it, the buyer can either withdraw from the contract or demand a reasonable discount on the price. In such a case, the buyer is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect is to be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

7.8. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the purchase agreement.

7.9. If the buyer does not withdraw from the purchase contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.

7.10. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract.

8.4. The seller is entitled to sell goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On consumer protection, as amended.

8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act no. 101/2000 Coll., On the protection of personal data, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account.

Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.

9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.

9.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to remedy the situation thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

9.10. We determine your satisfaction with your purchase via e-mail questionnaires within the Customer Verified program in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified Customer program on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail questionnaire. In case of your objection, we will not send you the questionnaire further.

10.10.

A) What personal data do we process?
When you use our services, we monitor what products you view on our website and what device, what of our offers sent by e-mail you are interested in, and we derive additional information about you in order to show you tailor-made offers and in the future we can continue our website. to improve. If you buy from us or create an account, we also work with your name and surname, your orders.

identification data, which means in particular name and surname, contact data, which means personal data that allows us to contact you, in particular e-mail address, telephone number, delivery address, billing address and your contact on social networks;
data on your orders, which are in particular data on the goods and services you have ordered, the method of delivery and payment and data on complaints;
information about your behavior on the website, in particular the goods and services you view, the links you click on, how you move around our website and scroll the screen, as well as information about the device from which you view our website, such as the IP address and its location, device identification, its technical parameters such as operating system and its version, screen resolution, browser used and its version, as well as data obtained from cookies and similar technologies for device identification;
information about your reading behavior that we send you, especially the opening times of messages and also information about the device on which you read messages, such as IP address and derived location, device identification, its technical parameters such as operating system and its version, resolution screens, browser used and its version;
B) Why do we process personal data and what entitles us to do so?
We process your personal data in different situations for different purposes. If you use our website, on which we also use cookies, we use your data mainly to monitor traffic and improve our services. If you sign up with us, we use your information to maintain your account and provide related functions. If you make a purchase with us, we use your information to process your order, protect your legal claims and fulfill your legal obligations. We also use your contacts and other information to show you and send you our customized offers. With your consent, we pass on data to third parties to display offers on other websites and also to make certain additional services available to you. We are authorized to process personal data either by the preparation or performance of a contract with you, compliance with legal obligations, our legitimate interests or your consent.

As part of our activities, we process personal data for various purposes and to a different extent, either:

without your consent based on the performance of the contract, our legitimate interest or due to the fulfillment of a legal obligation, or
with your consent.
What processing we can perform without your consent depends on the purpose for which the relevant processing is directed and in what position you act towards us - whether you are only a visitor of our website, or you register or buy from us. We may also process your data if you are the addressee of goods or services that are ordered from us, if you communicate with us.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.

10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

11. DELIVERY

It can be delivered to the buyer to the buyer's email address.

When receiving the goods, check the condition of the shipment together with the carrier (number of packages, integrity of the tape, obvious damage).

You have the right to refuse to accept a shipment that is incomplete or damaged.

If you take over such a damaged shipment from the carrier, it is necessary to describe the damage in the handover protocol.

If you take over a visibly damaged shipment from the carrier and do not enter it in the handover protocol, the additional damage claim may not be accepted.

Therefore, take the shipment from the carrier especially carefully and record the slightest damage - even the transport packaging - with the carrier.

If you are not allowed to unpack the goods from the original packaging and detect any defects in the goods, you are obliged to do so without undue delay after you have been able to detect the defect with timely inspection and sufficient care. In case of problems, take a picture or film everything, keep the transport packaging and contact us immediately by e-mail at rawgold.eu@gmail.com. We will take care of your problem immediately and inform you of the next steps.

12. COMPLAINTS

In the event that the goods you received from us are damaged or non-functional, follow the complaint procedure.

Complaints Procedure

Products to which the right to file a complaint applies must be handed over for assessment immediately after the defect is found, with a description of the defect, or a marked place of the defect.

How to do it:

In case of a complaint, follow the description below: Send the product to the address - complaint office: Jan Pokštefl, Na Výtoni 6, Prague New Town, 128 00. If you have ordered the shipment through the carrier Zásilkovna, we offer free and convenient the opportunity to take the package to any place of the Mailroom, in which case please first contact us at rawgold.eu@gmail.com where you will provide the shipment number and we will send you the shipping immediately. label and code for sending the shipment free of charge via the Mail Order. Shipping is paid by the buyer. Please always use wrapping paper or cardboard so that the original packaging cannot be pasted, labeled or otherwise damaged during transport. Do not send the goods cash on delivery, in which case the goods will not be accepted. We recommend that you insure the goods.

The goods must be properly packed for transport so that they are not further damaged.

Defective or damaged goods will be replaced or the purchase price will be refunded.

The seller does not accept liability for damage resulting from the operation of the products, functional properties and damage from improper use or storage of the products, as well as damage caused by external events and incorrect handling. Defects of this origin are not covered by the warranty provided either.

The warranty provided also does not cover defects in the quantity of goods delivered. The buyer is obliged to claim these defects at the latest at the time of delivery of the goods, while later complaints will not be taken into account.

If the manufacturer provides a longer warranty, it is listed with the goods in the catalog.

You will be informed about the settlement of the complaint by e-mail or SMS. As with the delivery of the order, you will be informed about the shipment of the package and the delivery date.

13. FINAL PROVISIONS

13.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

13.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

13.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

13.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.

13.5. Seller's contact details: delivery address Jan Pokštefl, Na Výtoni 6, Prague Nové Město, 128 00, e-mail address: rawgold.eu@gmail.com.

In Prague on 1.1.2022

Czech Republic