General Business Terms and Conditions

PART 1 – GENERAL BUSINESS TERMS AND CONDITIONS

I INTRODUCTORY PROVISIONS

These General Business Terms and Conditions (hereinafter referred to as “GBTC”) specify the rights and obligations of the Seller, i.e. the company Czech Mint (Česká mincovna, a.s.), Company identification No.: 28737016, Tax identification No.: CZ28737016, with registered office Jablonec nad Nisou, U Přehrady 3204/61, post code 466 23, incorporated in the Companies Register kept by the Regional Court in Ústí nad Labem, Section B, Insert 2168, and the Buyer, i.e. a natural or legal person, an entrepreneur or a consumer.

The contact details of the Seller are as follows:
Česká mincovna, a.s.
Company identification No.: 28737016
Tax identification No.: CZ28737016
with registered office Jablonec nad Nisou, U Přehrady 3204/61, post code 466 23
incorporated in the Companies Register kept by the Regional Court in Ústí nad Labem, Section B, Insert 2168
Phone: +420 483 513 513
Email: info@mint.cz
Website:
www.ceskamincovna.cz
Company store address: Jablonec nad Nisou, U Přehrady 3204/61, post code 466 23

If the Party is an entrepreneur (an entity buying goods for the purpose of further sale, i. e. for the purpose of business), the relations not specified herein are governed by the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “the Civil Code”).

If the Party is a consumer (an entity buying goods for purposes other than business), the relations not specified herein are governed by the Act No. 89/2012 Coll., the Civil Code, as amended and the Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as “the Consumer Protection Act”).

These GBTC have been compiled in accordance with the provision of Section 1751(1) of the Civil Code.

II DEFINITIONS OF BASIC CONCEPTS

  • “Consumer Contract” is a purchase agreement, contract for work or another type of contract, if the respective Parties are a consumer and a contractor, or a seller.
  • “Seller” is a person entering into the contract and executing the contract within the scope of their business or other entrepreneurial activities. The Seller is an entrepreneur that sells products or provides services to the Buyer(s) directly or through other business entities. The Seller is the company Česká mincovna, a.s., Company identification No.: 28737016, Tax identification No.: CZ28737016 with registered office Jablonec nad Nisou, U Přehrady 3204/61, post code 466 23 incorporated in the Companies Register kept by the Regional Court in Ústí nad Labem, Section B, Insert 2168.
  • “Buyer” is a natural or legal person that can be an entrepreneur or a consumer

a) Buying Consumer is a person not entering into the contract or executing the contract within the scope of their business or other entrepreneurial activities. The Buying Consumer is a natural or legal person that purchases products or uses services for purposes other than business concerning such products or services. The contractual relationship between the Seller and the Buying Consumer is governed by these General Business Terms and Conditions, by the Civil Code and the Consumer Protection Act.

b) Buying Entrepreneur is a person entering into the contract and executing the contract within the scope of their business or other entrepreneurial activities. The contractual relationship between the Seller and the Buying Entrepreneur is governed by these General Business Terms and Conditions and by the Civil Code.

  • “E-shop” is the e-shop operated by the Seller, which is represented by a set of websites and an e-shop application at www.ceskamincovna.cz.
  • “Means of Distance Communication” enable a contract to be concluded without the Parties being present at the same time. Means of distance communication include in particular unaddressed mail, addressed mail, type letter, printed advertising with order template, catalogue, personally operated helpline, automatically operated helpline (automatic call device, audiotext), radio, videophone (phone with a screen), videotext (microcomputer and screen), e-mail, fax machine, television (teleshopping), public communication network (e. g. internet).
  • “Purchase Agreement” is a bilateral legal act by which the Seller undertakes to provide the Buyer with an item of movable property (goods) defined individually or by amount and type and transfer the title to this item and the Buyer undertakes to pay the purchase price to the Seller.

III PURCHASE AGREEMENT CONCLUSION

III.1 Specification of Purchase Agreement conclusion methods

The Purchase Agreement can be concluded in one of the following ways:

a) Through the E-shop

The Buyer can perform orders of the goods offered by the Seller in the E-shop solely either by a User’s Account created by the Buyer (hereinafter referred to as “the User’s Account”) or by one-off registration in the E-shop, on the website of the E-shop operated by the Seller.

When opening and administering the User’s Account, the Buyer is obliged to state exclusively correct and true information. The Buyer is obliged to update the information stated on the User’s Account whenever there is any change to any of it. The information given by the Buyer in the User’s Account and when ordering goods is considered correct and true by the Seller. The User’s Account is protected by a username and password. The Buyer is obliged to keep the information required to access his/her User’s Account confidential and acknowledges the Seller bears no responsibility for any breach of this obligation by the Buyer. The Buyer is not entitled to enable the use of the User’s Account to third parties. The Seller is entitled to cancel any User’s Account, in particular if the Buyer does not use his/her User’s Account long-term and if the Buyer breaches his/her obligations arising out of the Purchase Agreement (including the General Business Terms and Conditions). The Seller is obliged to inform the Buyer about the cancellation of the User’s Account, using the e-mail address stated on the respective User’s Account. The Buyer acknowledges the User’s Account does not have to be accessible non-stop, in particular with respect to the necessary maintenance of hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.

If not stipulated otherwise, the Purchase Agreement through the E-shop is concluded at the moment of order acceptance by the Seller being received by the Buyer, i.e. at the moment of delivery of the Purchase Agreement acceptance, proposed by the Buyer. Pursuant to the provision of Section 1726 of the Civil Code, conclusion of the Purchase Agreement without all the requisites defined by the Civil Code filled in by the Buyer as obligatory, is excluded.

After receiving the order placed by the Buyer, the Seller shall confirm the order delivery to the Buyer immediately, either by means of an automatically generated e-mail message sent to the Buyer’s address stated in the User’s Account or in the order including either
i) order acceptance allowing the conclusion of the Purchase Agreement or
ii) order rejection for any reason or without giving a reason; in which case the Purchase Agreement shall not be concluded.

b) In person in the Seller’s shop

The Buyer is also entitled to make the goods purchase order with the Seller in person in the Seller’s shop.

After receiving the order made by the Buyer, the Seller shall either
i) confirm or
ii) reject such an order in the same form as the form of received order for any reason or without giving a reason, in which case the Purchase Agreement shall not be concluded.

The Purchase Agreement is concluded in person in the Seller’s shop at the moment of the Buyer’s order acceptance by the Seller, unless this order is rejected by the Seller. The confirmation or rejection of the order can be executed orally or in writing based on the customer’s preference.

c) By a letter, e-mail or phone

The Buyer is also entitled to make the goods purchase order with the Seller by a letter addressed to the Seller, by e-mail or phone.

After receiving the order made by the Buyer in the same for as the form of the order, the Seller is entitled to reject this order for any reason or without giving a reason, in which case the Purchase Agreement is not concluded.

The Purchase Agreement is concluded by a letter, e-mail or phone at the moment of the Buyer’s order acceptance by the Seller, unless this order is rejected by the Seller.

III.2 Common Provisions Applying to the Respective Methods of Purchase Agreement Conclusion

The Buyer acknowledges that the price stated in the issue plan for non-issued goods is of indicative nature and is subject to change.
In the E-shop it is not possible to place binding orders for goods marked as such; solely non-binding reservations can be made. After the selected goods are issued, the Seller shall send information concerning the amount and price of the reserved goods to the Buyer, as a proposal to enter into the Purchase Agreement, which the Buyer is entitled to accept or reject. If the Buyer accepts the proposal, the Purchase Agreement is concluded as of this moment.

All proposals to enter into the Purchase Agreement made by the Buyer are binding and irrevocable; such a proposal can solely be cancelled by the Buyer if the other Party receives the intent to cancel prior or simultaneously with the proposal delivery.

The Buyer is obliged to make all offers to conclude the Purchase Agreement in such a way not to act negligently, lack serious intention, without necessary contemplation or caution; otherwise the Buyer acknowledges that the Buyer’s actions can cause damage to the Seller.

The Buyer acknowledges the Seller is entitled, at the Seller’s discretion and depending on the nature of the order or reservation (order type, amount of goods, purchase price amount, the entity of the Buyer, expected transportation costs etc.) to request from the Buyer an additional order or reservation confirmation, by phone or by e-mail. If the Buyer does not do so or does not do so in a sufficiently credible manner, the Seller is entitled to reject such order or reservation. The Seller is also entitled to reject an order or reservation at the Seller’s discretion in cases when such an order or reservation is deemed non-credible, is made by a person different from the Buyer, or it raises doubts concerning its authenticity and the execution of the potential Purchase Agreement.

By making or accepting the order the Buyer confirms the Buyer got acquainted with these GBTC that include the claim management process and accepts them unconditionally. These GBTC are an integral part of the concluded Purchase Agreement and they are available unlimitedly on the E-shop website http://www.ceskamincovna.cz, in all versions including the latest one, which enables their management and reproduction. These GBTC are also available in printed form in the Seller’s shop.

As of the moment of the Purchase Agreement conclusion by and between the Buyer and the Seller the Parties are bound by the Agreement and the mutual rights and obligations related to the Agreement arise.

Pursuant to the provision of Section 1740(3) of the Civil Code, the Seller further excludes the acceptance of an offer with any amendments or deviations.

The Seller is entitled to determine the maximum possible amount for any offered goods that can be ordered by the Buyer and that can be supplied by the Seller; this limit is binding for the Buyer and the Buyer is not entitled to exceed or circumvent this limit in any way. The Buyer is not entitled to circumvent this limit in any, even legal way, otherwise the Buyer is exposed to the risk of the Seller rejecting or withdrawing from the Purchase Agreement. The Buyer and the Seller can stipulate not to apply this limit in certain defined cases.

The Buyer acknowledges all the presentations of the goods placed at the E-shop website of the Seller and displayed in the Seller’s shop are of informative nature and the Seller is not obliged to enter into the Purchase Agreement concerning the respective goods. The provision of Section 1732(2) of the Civil Code shall not be applied base on the agreement between the Buyer and the Seller.

IV PAYMENT TERMS

All prices of goods stated by the Seller are given including the VAT and they are applicable as of the moment of the respective order execution by the Buyer. The Seller is entitled to adjust and/or change the prices of goods anytime; this does not apply to goods already ordered by the Buyer. This provision of the GBTC shall not be applied for reservations of goods offered by the Seller that have not been issued under Article III.2 hereof.

The purchase price is considered paid as of the day of the total purchase price being credited to the account of the Seller or as of the day of cash payment to the Seller.

The Buyer is entitled to choose the particular purchase price payment method within the executed order. If the payment method is not stipulated under clause 1 to 4 the payment method under clause 1 shall be applied.

In the event that under the Purchase Agreement the goods are supposed to be delivered outside the Czech Republic, the sole available payment method is a payment order preceding the goods delivery. In the event that under the Purchase Agreement the goods are supposed to be delivered outside the EU, the sole available payment method is a payment order preceding the goods delivery; moreover, the Seller is entitled to raise the purchase price by the amount of the customs duty.

The purchase price payment can be executed in one of the following methods:

1 Cash on Delivery
The purchase price payment is executed in cash upon the goods handover by the carrier (including the invoice) and goods takeover by the Buyer. The Seller is entitled to charge a fee for the cash on delivery payment in the amount specified by the Seller, which the Buyer explicitly agrees to by sending the order.

2 In cash in the Seller’s shop
The purchase price payment is executed in cash upon the goods handover by a representative of the Seller, goods takeover by the Buyer and invoice handover by a representative of the Buyer; applies to goods collection in person in the Seller’s shop. The execution of this type of payment is limited by the provision of Section 4 of the Act No. 254/2004 Coll., on Cash Payment Restrictions, as amended, which defines the maximum cash payment amount.

3 Non-cash payment in the Seller’s shop
The purchase price payment is executed by a payment card upon the goods handover by a representative of the Seller, goods takeover by the Buyer and invoice handover by a representative of the Buyer; applies to goods collection in person in the Seller’s shop. The Seller informs that the payment cards accepted for this payment method are VISA, VISA Electron, MasterCard and Maestro.

4 Non-cash payment order
The purchase price payment is executed on a non-cash basis, based on a pro forma invoice issued by the Seller or based on a call for payment made by the Seller. The goods are delivered by the Seller after the purchase price payment execution to the address stated by the Buyer in the order or based on the selected delivery method. In this case the purchase price is payable within 5 business days after the receipt of the pro forma invoice or call for payment by the Buyer. The Buyer is obliged to make the payment including the variable symbol, possibly also the specific symbol defined by the Seller.

For more information on payment terms go to How to Pay.

V GOODS DELIVERY

V.1 Types of Goods Delivery

The Seller is obliged to deliver the purchased goods to the Buyer by one of the following methods:

a) Cash on delivery to the address provably stated by the Buyer as the delivery address. The Seller is entitled to refuse to deliver the goods to the Buyer by the cash on delivery method; however, the Seller is obliged to inform the Buyer about this and enable the Buyer to select a different purchase price payment method, if the Buyer did not repeatedly collect the goods sent using the cash on delivery method in the past or sent the goods back to the Seller repeatedly without stating a relevant reason. In the event the Buyer does not select a different purchase price payment method, the payment shall be deemed to be made in compliance with Article IV, clause 4 hereof; the Seller is obliged to issue and send the invoice to the Buyer without undue delay.

In the event of goods delivery to the Buyer the Seller is entitled to use the services of a carrier chosen at the Seller’s discretion or based on the Buyer’s preference stated in the order, if such an option is given to the Buyer. In this context the Buyer agrees that the Seller provides the chosen carrier with the data concerning the Buyer in the extent required for due goods delivery. The Seller is obliged to pack and secure the goods in a sufficient manner for the purpose of goods transport to the Buyer. The Seller is obliged to insure the goods for the purpose of goods transport to the Buyer. The costs of transport, packaging and insurance are included in the purchase price and the price of the goods shall be increased by these costs and paid by the Buyer, in the amount determined by the Seller stated in the internet shop, which the Buyer accepts by sending the order. In the event the goods are sent outside the Czech Republic based on the Buyer’s request, the Seller guarantees its condition and insurance solely for the period of the goods being found within the territory of the Czech Republic; otherwise all other risks related to transport shall be borne by the Buyer.

b) Personal delivery in the Seller’s shop; the Seller shall inform the Buyer about the possibility to collect the goods in the Seller’s shop. The Seller is not obliged to issue the goods to the Buyer in the Seller’s shop until the purchase price of the goods is paid.

In the event the Buyer is obliged to take over the goods under a placed order in the Seller’s shop and these goods are not taken over within 14 days after the Seller’s call for goods collection or within an additional deadline specified in the Seller’s call, the Purchase Agreement concerning such goods expires upon the termination of this period unless the purchase price has been paid. If the purchase price has been paid, the Seller will deliver to the Buyer the purchased goods using the cash on delivery method, at the Buyer’s costs; the goods purchase price will be increased by the Seller by the costs of transport, insurance, packaging, an administrative fee of CZK 200 and the costs of goods storage in the Seller’s shop in the amount of CZK 10 for every commenced day following the 14th day of storage. If cash on delivery is not possible, the Purchase Agreement shall be terminated as well, upon 15th day after the Seller’s call for goods collection or upon the date of the additional deadline specified in the Seller’s call. The Purchase Agreement shall also be terminated if cash on delivery is possible but the Buyer does not take over the goods in a due manner and the goods are returned to the Seller – in which case the Purchase Agreement is terminated upon the goods delivery back to the Seller. In the event the Purchase Agreement under this GBTC Article is terminated for any reason and the Seller has incurred expenses in relation to such Purchase Agreement, including but not limited to expenses related to the necessity of goods production, goods order, goods personification etc., the Buyer is obliged to pay such expenses to the Seller in full, including the administrative fee of CZK 200 and the costs of goods storage in the Seller’s shop in the amount of CZK 10 for every commenced day following the 14th day of storage; the Seller is entitled to deduct these claims unilaterally from the Buyer’s refund claim if the purchase price has been paid.

For more information on types of transport go to Transport and Postage.

V.2 Common Provisions for the Respective Types of Goods Delivery

Goods marked as “in stock” are dispatched by the Seller for delivery usually within 10 business days after the conclusion of the Purchase Agreement if the purchase price is paid in cash on delivery, or within 10 business days after the purchase price is credited to the Seller’s account. The Seller reserves the right to extend this deadline by up to 20 business days in justified cases for technical or operational reasons; the Seller undertakes to inform the Buyer about this.

The goods that are not marked as “in stock” are dispatched by the Seller for delivery within the deadline stated in the E-shop of the Seller for the particular goods or within the deadline mutually arranged by the Buyer and the Seller.

If required by the nature of the goods or the mandatory norm of generally binding legal regulations or if stipulated between the Buyer and the Seller in the Purchase Agreement, the Seller is obliged to provide the Buyer with such documents related to the delivered goods that are necessary for due takeover and use of the goods, as a part of the goods delivery.

In the event the Seller delivers to the Buyer a larger amount of goods than stipulated, the Purchase Agreement covers the surplus amount of goods, unless either the Buyer without undue delay, within 5 days after the day of goods delivery, refused the goods or the Seller notified the Buyer about this without undue delay and called upon the Buyer to return the surplus goods. In the cases mentioned above the Buyer is obliged to return the surplus goods to the registered office of the Seller, without undue delay and at the Buyer’s own costs.

If technically possible, the Seller can divide the goods ordered by the Buyer into several separate shipments based on the Buyer’s request and at the Buyer’s costs. In the event of dividing the goods into several shipments due to reasons on the part of the Seller, in particular due to the lack of goods in stock, the costs of goods transport to the Buyer are paid by the Buyer once and the remaining transport costs are borne by the Seller.

In the event the goods need to be delivered repeatedly or in another way than specified in the order due to reasons on the part of the Buyer, the Buyer is obliged to pay to the related costs to the Seller.

VI PURCHASE AGREEMENT WITHDRAWAL

Agreement withdrawal is defined differently for a Buying Consumer, Buying Entrepreneur and for the Seller.

The Seller reserves the right to Purchase Agreement withdrawal in the following cases:

a) The order has been created and/or confirmed due to an apparent system error of computer network, software error or human factor error;

b) The order has been created for an apparently suspicious or non-existent delivery address;

c) The order has been created by another person than the person to whom the User’s Account belongs or it has been created from a User’s Account started by another Buyer with the intention of exceeding the allowed limit of goods available for order;

d) The order has been made for an apparently speculative purpose, while the intention of the Buyer to collect the goods is not serious, which is proven by prior repeated agreement withdrawal by the Buyer without stating a relevant reason;

e) The order has been made by a Buyer who breached the obligations towards the Seller in the past;

f) The ordered goods are sold out and cannot be replaced by equivalent goods in terms of quality and price;

e) The goods are supposed to be delivered to the Seller by a third party and this third party is not able to deliver the goods in question to the Seller;

f) The goods are no longer manufactured or delivered, the price of the goods delivered by a Seller’s supplier has changed considerably, the goods are not available long-term or a wrong purchase price has been stated in the E-shop due to an error or an administrative mistake;

g) The issued pro forma invoice in compliance with Article IV, clause 4 hereof was not paid within the period of 14 days after having been sent to the Buyer, or in the additional period provided by the Seller, if the Seller decides to provide such an additional period.

In the event that any one of the above circumstances defined in clauses a) to f) occurs, the Seller shall contact the Buyer immediately in order to reach an agreement concerning further steps to be taken in the matter. In the event the Buyer has already paid the purchase price or its part and the Purchase Agreement is not concluded, the purchase price or its part will be returned.

A Buying Consumer is in particular entitled to withdraw from the Purchase Agreement entered into by Means of Distance Communication (including the E-shop) without stating a reason and for convenience in compliance with the provision of Section 1829(1) of the Civil Code, with the exception of cases specified in the provision of Section 1837 of the Civil Code. The Seller emphasizes that in compliance with the provision of Section 1837 b) of the Civil Code the Buying Consumer is not entitled to withdraw from the Purchase Agreement if in the period between the order delivery to the Buyer and the goods delivery there is a substantial deviation in price of the original material used to manufacture the ordered goods at the NYMEX/COMEX commodity exchange in New York, USA; for the purposes hereof a substantial price deviation means a deviation by +/- 1 % of the material price. The Seller further emphasizes that in compliance with the provision of Section 1837 d) of the Civil Code the Buying Consumer is not entitled to withdraw from the Purchase Agreement if the goods have been modified based on the Buyer’s wish or for the person of the Buyer.

The Buying Consumer is obliged to execute the Purchase Agreement withdrawal using the form that constitutes an Annex to these GBTC.

Agreement withdrawal shall be executed within 14 days, the period starting on the day following the day when the goods were taken over by the Buying Consumer or an authorised third party (different from the carrier). Good takeover for the purpose of these GBTC means the moment when the goods get to the Buyer’s disposal, i.e. the deposit date at the post office, if the Buyer as the addressee has not been reached, or the following day after the Buyer receives the information from the Seller concerning the ordered goods being available for collection in the Seller’s shop, if this type of goods takeover has been stipulated. To determine the moment of goods takeover the moment when the Buyer subsequently collects the deposited goods at the post office or in the Seller’s shop is not decisive. To meet the deadline for withdrawal from this Agreement, it is sufficient to send the Agreement withdrawal before the expiration of the respective period by mail to the address of the Seller or to deliver the withdrawal in person to any shop of the Seller or to the Seller’s registered office.

If a Buying Consumer withdraws from the Agreement, the Buying Consumer shall send or hand over to the Seller without undue delay, within 14 days after the Agreement withdrawal at the latest, the received goods to the address of the Seller’s registered office, if possible in original packaging, including the goods cover. The costs related to the return of the goods within the Agreement withdrawal are borne by the Buying Consumer.

If the Buying Consumer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received financial resources to the consumer until the consumer hand over the goods or the goods are delivered to a point of sale of Česká mincovna, a.s.

If the Buying Consumer withdraws from the Agreement, the Seller shall return to the Buying Consumer without undue delay, within 14 days after the Agreement withdrawal at the latest, all financial resources including the delivery costs received under the Agreement, in the same manner. The Seller shall return to the Consumer the received financial resources using a different method solely if the Buying Consumer agrees to this and if no additional costs incur to the Buying Consumer.

If the Buying Consumer selects a different way of goods delivery than the one offered by the Seller, the Seller shall return to the Buying Consumer the costs of goods delivery in the amount corresponding to the cheapest available method of goods delivery.

The Buying Consumer is responsible for the decrease in value of the goods resulting from handling such goods in another way than the way necessary to get acquainted with the nature and characteristics of the goods, including their functionality.

However, the possibility to withdraw from the Purchase Contract pursuant to Section 1829(1) of the Civil Code cannot be interpreted as a possibility of the goods being lent free of charge. In the event of exercising the right to withdraw from the Agreement within 14 days after performance takeover the Buying Consumer shall hand over to the Seller all the items that the Buying Consumer obtained under the Purchase Agreement. If this is no longer duly possible (e. g. in the meantime the goods were destroyed or consumed), the Buying Consumer shall provide the Seller with financial compensation as counter value for everything that can no longer be handed over. If the returned goods are merely damaged, the Seller can exercise the right to damage claim towards the Buying Consumer and deduct this claim from the Buyer’s claim for a refund. If the Buyer has made an offer to enter into the Purchase Agreement and/or has concluded the Purchase Agreement negligently, without serious intention, without necessary contemplation or caution and damage incurred to the Seller by the Buyer withdrawing from the Purchase Agreement, in particular due to the fact the goods in question were ordered by the Seller from a third party, the Seller can exercise the right to damage claim towards the Buying Consumer and deduct this claim from the Buyer’s refund claim. In that case the Seller shall return to the Buying Consumer solely the purchase price including the costs of goods delivery in the amount corresponding to the cheapest available method of goods delivery reduced by the amount corresponding to the damages.

The Seller is allowed to deduct the really incurred costs related to goods return from the purchase price to be returned to the Buying Consumer and/or the Buyer.

VII TRANSFER OF DAMAGE RISK AND RESERVATION OF PROPRIETARY RIGHTS

The damage risk concerning the goods is transferred onto the Buying Consumer as of the moment of goods takeover, either in the Seller’s shop or from the carrier.

The damage risk is transferred onto the Buying Entrepreneur as of the moment of goods takeover in the Seller’s shop or as of the moment of goods handover to the carrier selected for the goods transport to the Buyer to the address stated in the Buyer’s order. The Buyer shall fulfil the obligation to handover the goods to the Buyer by their handover to the carrier selected for goods delivery to the Buyer and by enabling the Buyer to exercise the rights arising out of the transport contract towards the selected carrier.

The goods remain in the ownership of the Seller until the full payment of the purchase price by the Buyer.

PART 2 – CLAIM MANAGEMENT PROCESS

I INTRODUCTORY PROVISIONS

This Claim Management Process applies to the purchase of any goods under the Purchase Agreement.

The Claim Management Process further specifies the rights and obligations of the Seller and the Buyer, i.e. a natural or legal person, an entrepreneur or a consumer, as defined in Part 1 hereof.

Warranty according to this Claim Management Process is applied on goods purchased based on the Purchase Agreement and if the claim has been applied within the warranty period.

II PURCHASE AGREEMENT CONTRADICTION

a) Buying Consumer

The claims of the Buying Consumer are governed in particular by the provisions of the Civil Code.

If the Buying Consumer finds damage to the delivered goods (i.e. any defect on the goods) upon the goods takeover (takeover means the moment of goods takeover by the Buyer in the Seller’s shop or the moment of goods takeover by the Buyer from the carrier), any difference between the delivery note, invoice and factually delivered goods or any difference between the goods marking on the delivery note or the invoice and the factually delivered goods (in particular in terms of quality, extent, amount or flawlessness of the goods) or the Buying Consumer has not received a correctly filled delivery note or invoice together with the shipment, we recommend to contact the Seller in a provable way without undue delay after the goods takeover in order to eliminate such flaws.

In relation to a Buying Consumer, a Purchase Agreement contradiction that occurred within 6 months after goods takeover shall be considered a contradiction existing at the moment of takeover, unless this is in conflict with the nature of the matter or unless proven otherwise. If the goods do not correspond to the Purchase Agreement upon takeover by the Buyer, the Buying Consumer is entitled to request that the Seller brings the goods into a state corresponding to the Purchase Agreement free of charge and without undue delay, in accordance with the Buying Consumer’s request either by exchanging the goods or repairing them; if such an approach is impossible, the Buying Consumer is allowed to request an adequate price reduction or to withdraw from the Agreement.

In the event the Buying Consumer knew about the Purchase Agreement contradiction at the moment of goods takeover and still accepted such goods without reservation or in the event the Purchase Agreement contradiction was caused by the Buying Consumer, the Buying Consumer is not entitled to request the goods to be brought to a state complying with the Purchase Agreement free of charge.

b) Buying Entrepreneur

The Buying Entrepreneur is obliged to inspect the goods as soon as possible after the damage risk transfer. If the Buying Entrepreneur does not inspect the goods or does not arrange for them to be inspected at the time of damage risk transfer, any claims related to flaws detectable during such an inspection can be exercised solely if proven that such defects were present already at the time of the damage risk transfer.

The Seller is responsible for a defect the goods demonstrate at the moment of damage risk transfer to the Buying Entrepreneur, even if the defect becomes apparent only after this period of time. The Seller is also responsible for any defects emerged after the time of damage risk transfer, if such defects are caused by a breach of the Seller’s obligations.

If the Buying Entrepreneur finds a damage of the goods, any difference between the delivery note, invoice and factually delivered goods (in particular in terms of quantity, quality and performance), the Buying Entrepreneur is obliged to notify the Seller about such a fact without undue delay.

III QUALITY WARRANTY AND LIABILITY FOR DEFECTS OF SOLD ITEMS (WARRANTY)

The warranty period starts on the day of the goods takeover by the Buyer.

Unless there is a different warranty period marked on the invoice, the delivery note or in the E-shop in compliance with legal regulations, the Seller provides a warranty of 24 months from the goods takeover by the Buyer.

The time from exercising the right of liability for defects to the time when the Buyer was obliged to take over the goods after the repair completion, is not included in the warranty period.

In the event of goods exchange the new warranty period starts as of the moment of new goods takeover.

IV IMPOSSIBILITY OF WARRANTY ENFORCEMENT

The warranty does not cover and cannot be applied in the following cases:

  • After warranty period expiration;
  • Goods wear and tear caused by regular use;
  • Mechanical damage, damage caused by unprofessional installation, unprofessional handling or operation or by ordinary care negligence;
  • The goods were damaged by use or maintenance conflicting with the conditions specified in the documents "How to Treat Coins and Medals Made of Precious Metals" and "How to Treat Vignettes Made of Precious Metals", incorporated in the Customer Support section of the Seller’s website www.ceskamincovna.cz;
  • For goods sold for lower price the warranty does not apply to the defects that were the reason for price reduction;
  • For used goods, the Seller shall not be held responsible for defects corresponding to the use extent or wear and tear, which the goods had at the moment of takeover by the Buyer;
  • If under the Agreement any items handed over by the Buyer were used during goods production, the Seller shall not be held responsible for defects on goods caused by using such items, if while exerting expert care the Seller could not have revealed the unsuitability of these items for goods production or the Seller informed the Buyer about such unsuitability but the Buyer insisted on their use;
  • The Seller shall not be held responsible for defects on goods that the Buyer was aware of at the time of Agreement conclusion or that the Buyer must have been aware of considering the circumstances, unless the defects are related to the goods characteristics required under the Agreement.

V CLAIM ENFORCEMENT AND PROCESSING

a) Buying Consumer

The Buying Consumer shall deliver the claimed goods to the address of any of the Seller’s shops, preferably to the registered office of the Seller, at the expense and risk of the Buying Consumer.

The Seller recommends that the claimed goods are delivered including the accessories and if possible in the original or spare package. The Seller further recommends to present the warranty certificate, delivery note or invoice together with the goods, in order to accelerate the warranty proceedings; however, the Buyer is always obliged to prove the goods have been purchased from the Seller. The Seller or an authorized representative shall decide the claim immediately, or within three business days for complex matters. This period does not include the adequate time based on the product or service required for professional defect evaluation. The authorized worker shall draw up a Claim Acceptance Document with the consumer, giving the description of the claimed defect, way and deadline of the claim processing.

The claim including defect removal shall be processed within 30 calendar days at the latest, unless a longer period is arranged with the Buying Consumer. The thirty-day period for claim processing starts on the following day after claim enforcement by the Buying Consumer. After the expiration of this period the Consumer has the same rights as if the defect in question was a non-removable defect.

After the claim is processed, the Buyer will receive one counterpart of the Claim Acceptance Document, specifying how the claim has been handled. Any further claims of exchanged goods shall be applied by the Consumer based on this Document.

In the event that upon evaluating the claimed defect the Seller finds the claim is unfounded, the Seller shall notify the Buying Consumer about this fact without undue delay, within 30 days after claim enforcement at the latest. If the claim is evaluated as unfounded, this fact shall be stated in the Claim Acceptance Document.

In the event of a founded claim the Buying Consumer is entitled to the payment of necessary expenses incurred in relation to exercising the liability for defects rights.

The respective claims of the Buying Consumer arising out of the liability for defects are derived from the fact whether the claimed defect can or cannot be removed.

(i) Removable Defects

If the defect in question can be removed, the Buyer is entitled to request that it is removed free of charge, in a timely and proper manner and the Seller is obliged to remove the defect without undue delay. Unless it is disproportionate considering the nature of the defect of claimed goods that is otherwise removable, the Buying Consumer can request the goods to be exchanged, or if the defect only affects a part of the goods, request this part to be exchanged. If this approach is not possible, the Buyer can request an adequate price reduction or is entitled to withdraw from the Agreement.
The Buyer is also entitled to goods exchange or Agreement withdrawal if the defects in question are removable but due to a repeated defect emergence after a repair or due to a high number of occurred defects the Buyer is not able to use the goods in a due manner. A high number of occurred defects means 3rd founded and accepted claim of the same kind or 4th founded and accepted claim of a different kind.

(ii) Non-Removable Defects

If the defect in question cannot be removed and it impedes due use of the goods as goods without defects, the Buyer is entitled to the goods exchange for a new item and/or is entitled to withdraw from the Agreement. If the defect in question is a non-removable defect, which does not impede the use of the goods and the Buying Consumer does not require the goods to be exchanged, the Buying Consumer is entitled to obtain an adequate price reduction and/or is entitled to withdraw from the Agreement.

b) Buying Entrepreneur

The Buying Entrepreneur is obliged to notify the Seller about the defect in a provable way without undue delay after finding out about the defect.

The Buying Entrepreneur shall deliver the claimed goods to the address of any of the Seller’s shops, preferably to the registered office of the Seller, at the expense and risk of the Buying Entrepreneur. The Buying Entrepreneur is obliged to deliver the claimed goods including the accessories and if possible in the original or spare package. The Seller further recommends to present the warranty certificate, delivery note or invoice together with the goods, in order to accelerate the warranty proceedings; however, the Buyer is always obliged to prove the goods have been purchased from the Seller.

The Claims Department employee shall evaluate the claimed defect and decide on the legitimacy of the claim and whether it constitutes a material or non-material breach of the Agreement, immediately if possible, otherwise within a period adequate in terms of the severity and extent of the defect. The authorized worker shall draw up a Claim Acceptance Document with the consumer, giving the description of the claimed defect, way and deadline of the claim processing.

In the event that upon evaluating the claimed defect the Seller finds the claim is unfounded, the Seller shall notify the Buyer about this fact without undue delay, within 30 days after claim enforcement at the latest. If the claim is evaluated as unfounded, this fact shall be stated in the Claim Acceptance Document.

The particular claims of the Buying Entrepreneur arising out of liability for defects are derived from the fact whether by delivering the claimed goods with a defect the Agreement was breached materially or non-materially.

(i) Material Breach of the Agreement

The Agreement has been breached materially if the goods demonstrate non-removable defects or a large amount of defects impeding due use of the goods. In that case the Buying Entrepreneur is allowed to:

a) Request defect removal by supplying substitute goods in exchange for the defective goods,
b) Request defect removal by goods repair if the defects are reparable,
c) Request adequate price reduction, or
d) Withdraw from the Agreement.

The Buying Entrepreneur is allowed to choose from the above claims solely if it is executed within defect notification upon claim enforcement or within 2 days after such notification. This choice cannot be changed further by the Buying Entrepreneur without the Seller’s consent. If the Buying Entrepreneur does not execute the claim choice within the deadline specified above, the claims arising out of goods defects correspond to claims applied for non-material Agreement breach.

(i) Non-Material Breach of the Agreement

The Agreement is breached non-materially if the goods demonstrate defects that are removable or a large amount of defects that do not impede proper use of the goods. In that case the Buying Entrepreneur is allowed to:

a) Request the missing goods to be delivered and the other defects to be removed
b) Request a purchase price reduction.

The Seller is obliged to remove other defects at the Seller’s discretion by repairing the goods or delivering substitute goods.

An adequate period for defect removal is 30 calendar days. In justified cases a different adequate period can be determined by the Seller. If the Buyer does not express the disapproval to the Seller without undue delay after receiving the notification concerning the period, it is deemed to have been mutually agreed. If the Seller does not remove the defects within the above deadline (or a deadline determined in accordance with the above), the Buying Entrepreneur is allowed to request a purchase price reduction or withdraw from the Agreement. The Buying Entrepreneur can withdraw from the Agreement solely when the Buying Entrepreneur informs the Seller about this intention upon determination of the defect removal deadline or within an adequate period before the withdrawal from the Agreement. This choice cannot be changed further by the Buying Entrepreneur without the Seller’s consent.

The Buying Entrepreneur cannot withdraw from the Agreement unless the Seller is informed about the defects in a timely manner.
Agreement withdrawal shall not take place if the Buying Entrepreneur is not able to restore the condition of the goods as it was when the goods were received, with the exception of cases when the impossibility of goods condition restoration is not caused by the conduct or negligence of the Buying Entrepreneur or if the condition of the goods was altered as a result of a due inspection performed in order to find the defects of the goods.

If the value of the returned goods has decreased (the goods have been partially consumed or worn), the Buying Entrepreneur is obliged to provide compensation to the Seller in the amount corresponding to the benefit gained from the goods in question. In this case the Seller is entitled to deduct the value of the wear and tear or consumption of the goods from the claim of the Buying Entrepreneur for purchase price reduction. The purchase price is then paid to the Buyer as the amount reduced by the value of the wear and tear or consumption of the goods.

VI CLAIMS CONCERNING GOODS DAMAGED BY TRANSPORT

 

In the event of an obviously damaged delivery to the Buyer, the Buyer is entitled to refuse to accept such delivery, stating the reason of damaged packaging. If the Buyer accepts the delivery nonetheless or finds about the damage after packaging removal, for the avoidance of doubt and to avoid potential claim rejection by the Seller, we recommend that the Buyer reports the damage to the respective carrier without undue delay, within 3 business days at the latest, and drafts a protocol on goods damage with the carrier. Based on this written protocol on goods damage and the result of the carrier’s inquiry, the Seller shall decide on the rightfulness of the claim. In the event the Buyer is late to report the defect of goods damaged by transportation the Buyer loses all related claims that could be applied against the Seller.

VII CHARGING STORAGE FEE FOR UNCOLLECTED GOODS

If the Buyer does not collect a processed claim within 30 days after the claim has been processed, the Buyer shall be charged a storage fee of CZK 25 for every commenced day of uncollected goods after repair completion.

However, if the Buyer does not collect the goods even after the amount of the storage fee exceeds the price of claimed goods, these goods shall be used to cover the storage fee.

PART 3 – THE CZECH MINT CLUB

I INTRODUCTORY PROVISIONS

This part of the GBTC further specifies the rights and obligations of the Buyer and the Seller in relation to gold and silver coins issued by the Czech National Bank (hereinafter referred to as "CNB").

The Buyer acknowledges that the sole possibility to place a binding order and secure guaranteed delivery of gold and silver coins issued by CNB from the Seller is their purchase through the Czech Mint Club (Klub České mincovny) (hereinafter referred to as “CMC”) under this part of GBTC.

At the same time the Buyer acknowledges and agrees that there are administrative expenses incurred on the part of the Seller in relation to ordering gold and silver coins issued by CNB for delivery to the Buyer, as well as a substantial contractual fine imposed by CNB on the Seller if the Seller does not take over the coins from CNB, in particular because the Buyer does not fulfil the obligations arising out of the Purchase Agreement. With regard to the above, the Buyer undertakes to maintain necessary caution concerning making orders within CMC and make binding orders so that the Buyer is ready to fulfil the orders and take over the goods, or pay the costs and damage incurred to the Seller in case the Buyer does not fulfil the orders and does not take over the goods.

The Buyer further acknowledges that the price of gold and silver coins issued by CNB is not completely known as of the day of the order and the Purchase Agreement conclusion, and therefore the Buyer agrees that the final price will be determined in a way specified in Article II, clause (vi) of this part of GBTC. The Seller undertakes to acquaint the Buyer with the indicative price of the coins; however, the Seller declares and the Buyer acknowledges this price is of highly indicative nature and can differ substantially from the final price.

II PURCHASE AGREEMENT CONCLUSION

The conclusion of the Purchase Agreement to gold and silver coins issued by CNB between the Buyer and the Seller consists of the following consecutive steps:

(i) Creating the Collector’s Plan

The Buyer is entitled to go through the issue plan for gold and silver coins issued by CNB within the E-shop and the CMC registration, for the sake of obtaining information and without obligation, as well as perform non-binding marking of goods that might potentially be of interest to the Buyer in the future (hereinafter referred to as the “Collector’s Plan”).

(ii) Binding Confirmation of the Collector’s Plan

Based on the date for placing binding orders for the issued coins announced by CNB, the Seller shall call upon the Buyer whose Collector’s Plan includes coins the date applies to, to execute a binding order of the respective coins. This call will be sent by the Seller to the Buyer in an electronic form to the stated email address, at least 14 days before the last day of the period assigned for placing orders.

Based on the delivered call the Buyer is entitled to confirm or not to confirm the relevant part of the Collector’s Plan. If the Buyer does not confirm the Collector’s Plan, there is no binding order of the Buyer. If the Buyer confirms the Collector’s Plan, it becomes a binding order of goods stated in the confirmed Collector’s Plan for the given period.

The confirmation by the Buyer includes the Buyer’s obligation to determine the manner or purchase price payment, goods delivery and potential grouping of goods deliveries. The purchase price can be paid within cash on delivery or in advance by a non-cash payment, based on the Buyer’s preference. Based on the Buyer’s preference, the goods can either be sent by post or handed over in person in the Seller’s shop, if the goods were paid in advance by a non-cash payment by the Buyer or sent using cash on delivery, if the goods were paid by the Buyer in advance by a non-cash payment.

The Buyer acknowledges that unless explicitly arranged otherwise with the Seller, the Buyer is not entitled to place a binding order for more than 5 items of one coin title of one design. In the event the Buyer breaches this obligation, the Seller is entitled to reduce the Buyer’s order adequately.

(iii) Notification on Binding Order Delivery

After receiving the Buyer’s binding order under clause (ii) above the Seller shall send the Buyer a notification confirming the delivery of this order. This notification will be sent by the Seller to the Buyer in an electronic form to the stated email address.

The Seller informs and the Buyer agrees that the notification on the binding order delivery sent under this clause to the Buyer does not entail the Buyer’s order acceptance by the Seller and the Purchase Agreement for ordered goods is not concluded hereby.

(iv) Payment of Guarantee Deposit

In the event the binding order under clause (ii) above is executed by a CMC member who has not duly ordered or taken over at least one goods delivery and/or by a CMC member whose membership is shorter than 6 months, such a member (hereinafter referred to as a “New Club Member”) is obliged to pay a guarantee deposit (hereinafter referred to as “GD”) to the Seller.

The GD amount will always be determined by the Seller, while the Seller undertakes that the GD for gold coins will not exceed CZK 2,000 excl. VAT for each ordered coin and the GD for silver coins will not exceed CZK 100 excl. VAT for each ordered coin. The final GD amount will be communicated to the Buyer in an electronic form to the stated email address, including payment details.

The Buyer is obliged to pay the GD within 14 days after the final GD amount notification and the receipt of payment details for the payment to be made by the Seller. In the event the Buyer does not pay the GD in a timely and proper manner, the Buyer’s order under clause (ii) above shall be cancelled without further notification. In the event the Buyer pays the GD in a timely and proper manner, the Seller shall send the notification of GD acceptance to the Buyer.

The Seller reserves the full right to request GD payment even from CMC members who are not New Club Members, in exceptional cases when more than 5 coins of the same coin title of one design are ordered and/or the Seller has negative experience with the Buyer related to prior cooperation, and/or when the Seller deems it appropriate.

(v) Order Acceptance and Purchase Agreement Conclusion

After receiving all the binding orders under clause (ii) above and after the GD payment execution under clause (iv) above the Seller is entitled to perform a complex check of placed orders.

In the event the Seller finds any discrepancies in any order, the Seller undertakes to make effort to remove them in cooperation with the Buyer. However, if this is not possible, the Seller is entitled to unilaterally reject and cancel such an order and is obliged to inform the Buyer. If the GD has already been paid for such cancelled order, the Seller is obliged to return the GD to the Buyer without undue delay.

In the event the Seller does not find any discrepancies in the placed orders, all of them will be accepted electronically to the email addresses of the respective Buyers. The Purchase Agreement for ordered goods is concluded with each respective Buyer upon the delivery of this acceptance.

(vi) Sales Launch to Buyers

By determining the final price of the coin the Seller informs the Buyer electronically about the launch of the ordered goods sale, including instructions for purchase price payment execution.

The information on launching the sale of ordered goods shall include the information on the prices of respective goods that were not known before. The prices of the respective goods shall be determined by the Seller, as a price set by CNB (price of metal and manufacturing costs) increased by the Seller’s commission. The Seller undertakes for the amount of commission not to exceed 10% of the price set by CNB. The Buyer acknowledges that the price set by CNB can change over time, in particular with regard to changes in prices of the used metal.

(vii) Purchase price Payment

If under clause (ii) above the Buyer chooses to pay the purchase price by a non-cash payment order, the Buyer is obliged to pay the purchase price within 14 days after sale launch under clause (vii) above. The Seller is not obliged to deliver the goods to the Buyer before the purchase price payment.

If under clause (ii) above the Buyer chooses to pay the purchase price by means of cash on delivery, the purchase price will be paid by the Buyer upon goods delivery.

If the Buyer has already paid GD, the purchase price will be lowered by the paid GD.

(viii) Goods Delivery

The Seller is obliged under the Purchase Agreement to deliver the goods to the Buyer in the manner chosen under clause (ii) above.

III SPECIAL PROVISIONS

III.1 Issue Cancellation by CNB

In the event of an issue cancellation by CNB, all orders and Purchase Agreements the issue cancellation by CNB relates to shall be terminated and cancelled without further notice. If any performance has been provided in this context, the receiving party is obliged to return the subject matter of such performance to the other party without undue delay.

III.2 Contractual Fine and Damages

The Buyer acknowledges and agrees that in case the Buyer does not take over the ordered goods under the concluded Purchase Agreement, i. e. does not pay the purchase price or the remaining amount and/or does not take over the goods sent as cash on delivery, the Seller is entitled to withdraw from the Purchase Agreement in writing and at the same time the Seller is entitled to request the Buyer to pay the contractual fine in the amount set as the sum of costs and fines to be paid by the Seller to CNB for goods not taken over and administrative expenses of the Seller for the conclusion and termination of the Purchase Agreement. The contractual fine is payable within 3 days after the bill delivery to the Buyer and its payment does not affect any potential claim of the Seller for damage compensation.

The Buyer agrees that the Seller is entitled to deduct the paid GD from the contractual fine claim or for related damage compensation and to lower this claim by the GD in the event the Buyer paid the GD and at the same time the Buyer is obliged to pay a contractual fine or damage compensation to the Seller pursuant to this Article of the GBTC.

The Buyer further agrees that in the event the Seller withdraws from the Purchase Agreement pursuant to this Article of the GBTC, all other orders placed by the same Buyer are cancelled without further notification, as well as any and all concluded Purchase Agreements on subject matters not yet ordered with CNB under Article II, clause (vi) above.

IV CMC MEMBERSHIP

IV.1 Membership Constitution

CMC membership requires the following conditions to be met:

  • Registration of the Buyer in the E-shop and opening a User’s Account;
  • Registration of the Buyer in CMC within the E-shop;
  • Consent to these GBTC;
  • Due and timely payment of the first GD under Article II, clause (iv) above;

CMC membership is free and unlimited and the Czech Mint reserves the option to reject membership initiation of a particular person at its own discretion.

IV.1 Membership Termination

The CMC membership can be terminated in one of the following ways:

  • Membership termination by the Buyer within the E-shop;
  • Membership termination by the Seller, at the Seller’s discretion, including but not limited to reasons such as breaches of generally binding legal regulations and these GBTC;

The Buyer can terminate the CMC membership anytime and for convenience.

The CMC membership termination in any way shall not affect any binding orders of the Buyer that were already executed or any Purchase Agreements concluded within CMC.

V FINAL PROVISIONS

Unless Part 3 of the GBTC explicitly states otherwise, the provisions of Parts 1, 2 and 4 of these GBTC shall be applied adequately.

Part 4 – iBOD LOYALTY PROGRAM

I. INTRODUCTORY PROVISIONS

The company Věrnostní program iBOD, a.s., with registered office Praha 4, Olbrachtova 1929/62, post code 140 00, Company identification No.: 018 18 121 in cooperation with the company Mr RED s.r.o., with registered office Praha 10 – Strašnice, Pod Strání 2160/19, post code 100 00, Company identification No.: 257 42 264 has prepared the iBOD loyalty program (hereinafter referred to as “IBLP”) within which the so-called ipoints (hereinafter referred to as “points”) can be obtained from the Seller and selected merchants.
Detailed information about the IBLP is available on the IBLP company website https://ibod.cz/pravidla
IBLP is managed by the Věrnostní program iBOD, a.s. company, with registered office at Praha 4, Olbrachtova 1929/62, post code 140 00, Company identification No.: 018 18 121.

II IBLP REGISTRATION AND PARTICIPATION

IBLP participation is optional.

IBLP participation is conditioned by registration of the Buyer at the IBLP website (https://ibod.cz).

Based on this registration the iBOD card number/EAN is assigned, which has to be registered in the Buyer’s personal E-shop account/ČM Aurum portal. 

III POINT COLLECTION FOR PURCHASE

The points can be collected from the Seller solely with registered Buyers in the E-shop/ČM Aurum portal that registered the ibod card number/EAN in the correct format.

The points are collected by the Buyer only for completed purchase (in terms of invoice and logistics) of products marked with the iBOD logo. The value of points collected by the Buyer to the iBOD card is always specified for each particular product.

Points will not be collected for orders made before the iBOD card number/EAN registration. Points will not be collected for orders made outside the account of the respective Buyer or without registration. The points collected for orders cancelled later by the Buyer will be erased.

IV REWARD COLLECTION, POINT PAYMENT

The Buyer can use the collected points to pay partially or in full an order made with the Seller, the maximum number of points that can be applied for one order being 22500 points.

The number of points accessible to the Buyer to for order payment is defined by the IBLP manager and internal rules for point payment with the Seller.

The Seller shall not be held responsible for any service failure of the iBOD payment portal.

In the event of order cancellation after point payment execution the amount returned to the Buyer will be solely the amount not paid by the points. The amount paid by the points will be returned to the Buyer in points to the respective iBOD card.

Point payment cannot be combined with iCOUPONS under Article V of this GBTC part.

V USE of iCOUPONS

a) Product iCOUPONS
The product iCOUPONS (hereinafter referred to as “Product Coupon”) can be used to pay for products marked with the iKUPON logo in the E-shop/on the ČM Aurum portal.
 The Product Coupon can be used only after the marked product is placed in the basket, followed by entering the Product Coupon code. The payment of the selected product is executed in full by using the Product Coupon.
 For payment of selected product only a certified and valid product coupon with the title corresponding to the name of the selected product can be used. Validity of the Product Coupon is confirmed by the IBLP service; the Seller shall not be held responsible for any potential failures of this service.
 If the Buyer holds a Product Coupon that is no longer valid for any reason, the Buyer is obliged to resolve this situation solely with IBLP; the Seller cannot be required to solve such a situation as the Seller is not the Product Coupon holder.
 The Product Coupon cannot be combined with payment by points. 
b)  Nominal iCOUPONS
Nominal iCOUPONS (hereinafter referred to as “Nominal Coupon”) can be used to pay a part of the order within the E-shop/ČM Aurum portal.

The Nominal Coupon can be used solely in the basket step “Transport and Payment” after entering the Nominal Coupon code.

Only a verified and valid Nominal Coupon can be used to pay a part of an order. Validity of the Nominal Coupon is confirmed by the IBLP service; the Seller shall not be held responsible for any potential failures of this service.

If the Buyer holds a Nominal Coupon that is no longer valid for any reason, the Buyer is obliged to resolve this situation solely with IBLP; the Seller cannot be required to solve such a situation as the Seller is not the Nominal Coupon holder. 

The Nominal Coupon cannot be combined with payment by points. 

VI FINAL PROVISIONS

The iBOD loyalty programme defined in Part 4 of GBTC is an integral part of GBTC.

PART 5 – COMMON AND FINAL PROVISIONS

I COMMON PROVISIONS

Unless below state otherwise, this part of GBTC also applies to all the preceding parts of GBTC.

II PERSONAL DATA PROTECTION

Pursuant to the Act No. 101/2000 Coll., on the Protection of Personal Data and Amendments to Some Acts, as amended (hereinafter referred to as the “Act on Protection of Personal Data”), the Seller will collect information about the Buyers that will be stated in the order made by the Buyer, throughout the Buyer’s existence or existence of the Buyer’s legal representative. The data will be collected in the necessary extent solely for the purpose of internal records of the Seller, in particular in order to facilitate communication and further cooperation with the Buyer.

The Seller will handle the provided personal data in full compliance with the Act on Protection of Personal Data. The Seller will provide and present the personal data solely to state authorities and exclusively at their request or in relation to the Seller’s obligation arising out of the legal regulations binding within the territory of the Czech Republic. The Buyer can change the personal data or ask for them to be deleted based on a written application sent to the Seller.

III COOKIES, USE OF MARKETING TOOLS AND COMMERCIAL COMMUNICATION

The E-shop uses functions that can save the so-called cookies in the computer or another end device used by the Buyer to access the E-shop. Saving cookies can be rejected by switching off their saving through the user settings of the computer.

At the same time the E-shop can use telemetry tools for marketing purposes and to process data that do not contain the Buyers’ personal data.

The Buyer consents to receiving information related to the goods, services or the business of the Seller to the electronic address of the Buyer and also consents to receiving commercial communication from the Seller to the electronic address of the Buyer. The Buyer is entitled to withdraw this consent anytime.

IV COMPLAINTS AND DISPUTE SETTLEMENT

Complaints of consumers are processed by the Seller via the info@mint.cz e-mail address. The information on finished complaints procedure is sent by the Seller to the electronic address of the Buyer. Complaints can also be handled on the phone or in writing, using the contact details provided in Article 1(I) of these GBTC.

All provisions and legal relations arising out of the Purchase Agreement entered by and between the Seller and the Buyer are governed by the rule of law of the Czech Republic, in particular by the provisions of the Civil Code, as amended. In the event of a dispute the Seller and the Buyer undertake to do everything in their power to reach an amicable solution. The Seller undertakes to strive for out-of-court settlements of any disputes with the Buyer.

The Seller and the Buyer have agreed that any disputes that arise out of or in relation to the concluded Purchase Agreement, with these GBTC including the Claim Management Process forming its annex, shall be settled at general courts. The Buying Entrepreneur acknowledges and agrees that pursuant to the provision of Section 89a of the Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, the court having the territorial jurisdiction to settle any disputes is the District Court in Jablonec nad Nisou or the Regional Court in Ústí nad Labem, the Liberec branch.

V SELLER’S BUSINESS AND INSPECTION BODIES

The Seller sells goods based on the trade licence. The business audit is performed by the respective trade licensing office.

The area of personal data protection is monitored by the Office for Personal Data Protection.

Compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended is monitored by the Czech Trade Inspection Authority (www.coi.cz).

Compliance with the Act No. 539/1992 Coll., on Hallmarking and the Control of Precious Metals is monitored by the Assay Office.

VI FINAL PROVISIONS

Within the relation to the Buying Consumer, the Seller is not bound by any codes of conduct pursuant to the provision of Section 1826(1)e) of the Civil Code.

The Buyer hereby takes over the risk of change of circumstances pursuant to the provision of Section 1765(2) of the Civil Code.

The Buyer acknowledges that some goods offered by the Seller need to be ordered from the Czech National Bank under the binding Purchase Agreement with the Buyer; in the event of cancellation of such order of the Seller with the Czech National Bank the Czech National Bank charges a contractual fine. In the event that the Seller orders such goods for the Buyer with the Czech National Bank but for reasons on the Buyer’s part the Seller will be forced to cancel such order with the Czech National Bank and due to this situation the contractual fine will be imposed on the Seller by the Czech National Bank, the Buyer is obliged to pay the contractual fine paid in this manner to the Seller in full.

The wording of these GBTC in force is the wording presented at the Seller’s website on the date of the order being sent by the Buyer. The Buyer agrees and accepts all the provisions of the General Business Terms and Conditions as well as the Claim Management Process in the wording in force on the day of the order being sent including the price of the ordered goods stated in the E-shop, unless provably stipulated otherwise in the particular case. These General Business Terms and Conditions as well as the Claim Management Process are provided to the Buying Consumer in a form that enables their storage and reproduction.

The Buyer or the Seller shall not be responsible for breaches of their obligations arising out of the Purchase Agreement if their performance is impeded by a case of force majeure. The Seller and the Buyer will make the utmost effort to minimize any damage caused by a case of force majeure. Force majeure means any unpredictable emergency situation or event beyond control of the Seller or the Buyer, which impedes the performance of any obligations arising out of the Purchase Agreement, was not caused by a mistake or negligence on their part and it is proved it cannot be overcome even when exerting all due diligence. For the purpose of these GBTC and the Claim Management Process an unpredictable emergency situation or event means fires, wars, civil unrest, strikes, breakdowns, floods, spates, weather conditions and other natural disasters (e.g. storms, earthquakes, etc.) and measures taken by state administration bodies (generally binding legal regulations) and other situations or events that affect the ability to perform the obligations by the Seller or the Buyer and that are beyond control and impact of the Seller or the Buyer or that impede the Purchase Agreement performance due to other objective reasons.

In case of document delivery between the Seller and the Buyer the delivery address is considered to be the registered office of the Seller and the address (or addresses) of the Buyer stated in the order.

The GBTC in force are available at the website www.ceskamincovna.cz and every Buyer is informed about this upon goods purchase and has the opportunity to get acquainted with the GBTC. The Seller is entitled to amend the General Business Terms and Conditions as well as the Claim Management Process in relation to changes in effective legal regulations and in relation to changes in the market concerning goods offered by the Seller. The previous versions of GBTC are available at the Seller upon request.

In the event that any provision of the General Business Terms and Conditions or the Claim Management Process conflicts with the law, the law shall be applied. In the event that any provision of the General Business Terms and Conditions or the Claim Management Process is or becomes ineffective, the other provisions remain in effect. In the event that any provision of the General Business Terms and Conditions or the Claim Management Process is or becomes invalid or is or becomes conflicting with generally binding legal regulations, the other provisions remain unprejudiced and in force. The Seller and the Buyer agree that such invalid provisions will be replaced by valid provisions in such a way that these new provisions are as close as possible to the meaning and purpose of the original provisions.

If the relationship between the Buyer and the Seller established by the Purchase Agreement contains an international element, than the Parties stipulate the relationship is governed by the laws of the Czech Republic. This is without prejudice to any consumer rights arising out of the generally binding legal regulations.

These GBTC come into force on 10 November 2015. 

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