VOP - Česká mincovna SK s.r.o.

PART 1 – GENERAL BUSINESS TERMS AND CONDITIONS

I. INTRODUCTORY PROVISIONS

These General Terms and Conditions (referred to as “GTC“) of Česká mincovna SK, s.r.o., Centrum 26/31, 017 01 Považská Bystrica, ID No.: 52 444 040, Tax No.: 2121037094, VAT No.: SK2121037094, registered in OR OS Trenčín, sec. s.r.o, Insert No. 38485/R, www.ceskamincovna.sk, e-mail: info@ceskamincovna.sk and in the register of producers and traders in precious metals maintained by the Assay Office of the Slovak Republic (referred to as “Česká mincovna SK“) specify and regulate the rights and obligations arising from the contractual relations between Česká mincovna SK and clients in the purchase, redemption, storage and delivery of investment gold, collector coins and gift items.

These GTC are an integral part of the Contract for the purchase of investment gold, collector coins and gift items between Česká mincovna SK and the Client (referred to as the “Contract“).

Seller - contact details:
Česká mincovna SK, s.r.o.
Centrum 26/31
017 01 Považská Bystrica
ID No.: 52444040
VAT No.: SK2121037094

Registered in the Commercial Register of the District Court Trenčín, sec. s.r.o., insert number 38485/R

Telephone: +421940644668
E-Mail: info@ceskamincovna.sk
Website:www.ceskamincovna.sk

II BASIC TERMS DEFINITION

1) A client (referred to as the “Client“) shall be understood for the purpose of these GTC as a natural or legal person who has concluded a Contract with Česká mincovna SK. The Client may be an entrepreneur or a consumer.

2) An entrepreneur is a person who, within the meaning of Section 2 of Act No. 513/1991 Coll., the Commercial Code, as amended (referred to as the “Commercial Code“), carries out, on his/her own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so on a continuous basis for the purpose of making a profit. For the purposes of consumer protection, an entrepreneur shall also be deemed to be any person who concludes contracts relating to his or her own commercial, manufacturing or similar activity or in the independent exercise of his or her profession, or a person who acts in the name of or on behalf of an entrepreneur, and a person entered in the commercial register (referred to as “the entrepreneur“). Relations between Česká mincovna SK and the Entrepreneur are not governed by the Contract and these GTC shall be governed by the Commercial Code.

3) A consumer is any person who, when concluding a purchase contract or when dealing with the Seller within the meaning of Section 52 of the Civil Code, is not acting within the scope of his/her business or other entrepreneurial activity (referred to as the “Consumer“). Relations between Česká mincovna SK and the Consumer not regulated by the Contract and these GTC are governed by Act No. 40/1964 Coll., the Civil Code, as amended (referred to as the “Civil Code“) and Act No. 102/2014 Coll., on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts, as amended (referred to as the “Consumer Protection Act“).

4) The seller is a person who acts within the scope of his/her commercial, business activity when concluding and executing the Contract. It is an entrepreneur who directly or through other entrepreneurs sells products or provides services to Clients. The Seller is Česká mincovna SK, s.r.o., with its registered office at Centrum 26/31, 017 01 Považská Bystrica, ID No.: 52 444 040, TAX No.: 2121037094, VAT No.: SK2121037094, registered in the Commercial Register of the OS Trenčín, Section s.r.o., Insert No. 38485/R, www.ceskamincovna.sk , e-mail: info@ceskamincovna.sk in the Register of Producers and Dealers in Precious Metals maintained by the Assay Office of the Slovak Republic (referred to as the “Seller“).

5) Electronic commerce is for the purpose of these GTC an electronic commerce operated remotely, which is represented by a set of websites and applications of electronic commerce on the ceskamincovna.sk website The means of remote communication enable the conclusion of the Contract without the simultaneous physical presence of the Parties, i.e. the Contract concluded remotely outside the Seller's premises. Means of distance communication are, in particular, non-addressed print, addressed print, type letter, print advertisement with order form, catalogue, manned telephone, unmanned telephone (automatic telephone dialer, audio-text), radio, videophone, videotext, electronic mail, fax machine, television (teleshopping), public communication network (e.g. Internet).

6) The purchase contract (referred to as the “Contract“) is a bilateral legal act by which the Seller undertakes to deliver to the Client a movable thing (goods) specified individually or in quantity and kind and to transfer to the Client the right of ownership of that thing or service, and the Client undertakes to pay to the Seller the purchase price.

III CONCLUSION OF THE PURCHASE CONTRACT

III.1. Methods of concluding the purchase contract

a) Via E-Commerce

The Client may order the goods offered by the Seller in the E-Shop exclusively either through the user account created by the Client (referred to as the “User Account“) or through a one-time login to the E-Shop, on the web interface of the E-Shop https://www.ceskamincovna.sk operated by the Seller.

When setting up and managing an electronic account, the Client is obliged to provide correct and truthful information. the Client is obliged to update his/her data in the user account immediately upon any change. The data provided by the Client in the user account and when ordering goods shall be deemed correct and true by the Seller. Access to the User Account is secured by a username and password. The Client is obliged to maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Client. The Client is not entitled to allow third parties to use the User Account. The Seller may terminate any User Account, in particular where the Client has not used its User Account for more than 12 months on a sustained basis or where the Client breaches its obligations under the Contract, including the Terms and Conditions. The Seller shall inform the Client electronically of the cancellation of the User Account to the e-mail address specified in the respective cancelled User Account. The Client acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

Unless otherwise provided, in the case of Electronic Commerce, the Contract is concluded at the moment of delivery of acceptance (receipt) of the order to the Client by the Seller, i.e. at the moment of delivery of the acceptance of the proposal for the conclusion of the Contract made by the Client. Conclusion of the Contract without negotiation of all its details stipulated by the Civil Code and tax regulations and the details compulsorily filled in by the Client in the order is excluded in accordance with § 43 and § 588 of the Civil Code.

Upon receipt of the order made by the Client, the Seller shall confirm the delivery of the order to the Client promptly, in the form of an automatically generated e-mail message sent to the Client's address indicated in the user account or in the order containing either:

(i) acceptance, whereby the Contract is concluded; or

(ii) rejection of the Order for any reason or no reason, where no Contract is concluded.

b) personally at the Seller's shop

The Client is also entitled to place an order for the purchase of Goods from the Seller personally at the Seller's shop. Upon receipt of the order by the Client, the Seller shall, in the same manner as it accepted the order, either

i) confirm, or
ii) refuse, for any reason or no reason, to enter into the Contract.

The conclusion of the Contract in person at the Seller's shop shall take place at the moment of acceptance of the Client's order by the Seller, unless it has been rejected by the Seller. Confirmation of rejection of the order may be made verbally or, at the Client's request, in written form.

c) By letter, e-mail or telephone

The Client is also entitled to place an order for the purchase of Goods from the Seller by letter addressed to the Seller, by e-mail or telephone. The Seller shall be entitled, upon receipt of an order made by the Client in the same form as it accepted the order, to refuse that order for any reason or no reason, where no Contract has been concluded.

The conclusion of the Contract by letter, e-mail or telephone shall take place at the moment of acceptance of the Client's order by the Seller, unless it has been rejected by the Seller.

III.2 Common provisions for the different methods of conclusion of the Contract

The Client acknowledges that for the goods offered by the Seller, which have not yet been issued, the price indicated in the issue plan is only indicative and may be subject to change. In the case of the E-Commerce, no binding orders can be made for goods which are so marked, but only non-binding reservations. After the issue of the reserved goods has been made, the Seller shall send the Client information on the quantity and price of the reserved goods, which shall be an offer to conclude the Contract and which the Client is entitled to either accept or not to accept. If the Client accepts the offer, the Contract shall be concluded at that moment.

All offers to enter into a Contract made by the Client shall be binding and irrevocable and such offer may only be revoked by the Client if the revocation notice is received by the other party prior to or at the same time as the delivery of the offer.

The Client is obliged to make all offers to conclude the Contract so as not to act negligently, without serious intent or without the necessary deliberation and caution, otherwise he/she understands that his/her actions may cause damage to the Seller.

The Client acknowledges that the Seller is entitled, at his or her discretion, depending on the nature of the order or booking (order method, quantity of goods, purchase price, Client's person, estimated shipping costs, etc.), to ask the Client for additional confirmation of the order or booking, either by telephone or by e-mail. If the Client does not confirm the order or does not make the additional confirmation in a sufficiently credible manner, the Seller shall be entitled to refuse such order or reservation. The Seller shall also be entitled to refuse an order or booking at his or her sole discretion if it appears to be untrue, is made by a person other than the Client, or raises doubts as to its authenticity and the intention of the proper performance of the Contract, if any.

The Client acknowledges that the Seller shall be entitled, at his or her discretion, to require the Client to pay a deposit of the purchase price (referred to as the "Advance Payment") as part of the processing of the order. The amount of the Deposit and the manner of its payment shall be decided by the Seller, as appropriate and depending on the specific circumstances, and the Seller shall inform the Client about this in a timely manner. The Deposit shall be due within 7 days from the date of information on its amount and payment method. If the Seller imposes an obligation to pay the Deposit, the conclusion of the Contract shall only be effected by the due and timely payment of the Deposit. If the Client fails to pay the Deposit in due and timely manner, the Client's order shall be terminated, unless otherwise agreed by the Parties. If the Client cancels the Contract for any reason after the conclusion of the Contract and payment of the Deposit, except for the procedure under Section 7 of the Consumer Protection Act, the Seller shall be entitled to require the Client to pay a contractual penalty in the amount corresponding to the Deposit paid and shall be entitled to unilaterally set off the claim for payment of this contractual penalty against the Client's claim for the return of the Deposit. If the Contract is concluded and the Seller does not cancel the Contract according to the preceding sentence and the Deposit has been paid at the same time, the Seller shall be obliged to set off the amount of the Deposit against its claim for payment of the purchase price for the ordered goods and to reduce the purchase price by the amount of the Deposit paid.

By placing or accepting an order, the Client confirms that he/she has read these GTC, which also include the Complaints Policy, and that he/she agrees to them unconditionally. These GTC form an integral part of the Contract and are unrestrictedly accessible on the E-Commerce website https://www.ceskamincovna.sk, in all their versions, including the current version, which allows their archiving and reproduction. These GTC are also available in the Seller's shop in printed form.

At the moment of conclusion of the Contract, a contractual relationship shall be established between the Client and the Seller and the parties shall be bound by the Contract and shall have mutual rights and obligations.

Furthermore, the Seller excludes the acceptance of an offer with an amendment or deviation in accordance with Section §44(2) of the Civil Code.

The Seller shall be entitled to determine the maximum quantity that can be ordered by the Client and delivered by the Seller for any goods offered by the Seller, and the determination of this limit shall be binding on the Client and the Client shall not be entitled to exceed or circumvent this limit in any way. The Client shall not be entitled to circumvent this limit in any way, even legally, otherwise it shall expose itself to the possibility of the Seller rejecting such order or withdrawing from the relevant Contract. The Client and the Seller may mutually agree that this limit will not be applied in agreed cases.

The Client acknowledges that any presentation of the Goods placed on the web interface of the Seller's Electronic Shop https://www.ceskamincovna.sk, or displayed in the Seller's shop is for information purposes only and the Seller is under no obligation to enter into a Contract in respect of such Goods.

IV PAYMENT TERMS

IV.1 GENERAL PAYMENT TERMS

All prices of the Goods quoted by the Seller include VAT and are valid at the time of ordering the relevant Goods by the Client. The Seller is entitled to adjust or change the prices of the Goods at any time, but this does not apply to Goods that have already been ordered by the Client. This provision of the GTC shall not apply to the reservation of Goods offered by the Seller for which the issue has not yet taken place pursuant to Article III.2 of these GTC.

The purchase price shall be deemed to be paid on the date of crediting the entire purchase price to the Seller's account or on the date of payment of the Goods in cash into the Seller's hands.

The Client is entitled to choose the specific payment method of the purchase price within the order execution. Unless the payment method of the purchase price according to points 1. to 4. below is agreed, the method of payment of the purchase price according to point 1. shall apply.

If the goods are to be delivered outside the Slovak Republic, the payment method of the purchase price is only possible by a non-cash payment order prior to delivery of the goods. If the Goods are to be delivered outside the EU under the Contract, the payment method of the purchase price shall be by non-cash payment order before delivery of the Goods only, and in addition the Seller shall be entitled to increase the purchase price by the statutory duty.

Payment of the purchase price may be made by any of the following payment methods:

1) Cash on delivery
Payment of the purchase price is made in cash when the goods are delivered by the carrier (including the tax document) and the goods are received by the Client. The Seller is entitled to charge a fee for payment of the purchase price by cash on delivery in the amount set by the Seller, to which the Client expressly agrees by sending his or her order.

2) In cash at the Seller's store
Payment of the purchase price shall be made in cash upon handover of the goods by the Seller's employee and receipt of the goods by the Client and handover of the tax document by the Seller's employee to the Client, upon personal collection of the goods in the Seller's shop.

3) Non-cash payment at the Seller's store
Payment of the purchase price shall be made by credit card upon handover of the goods by the Seller's employee and receipt of the goods by the Client and handover of the tax document by the Seller's employee to the Client, upon personal collection of the goods at the Seller's store. The Seller informs that it accepts VISA, VISA Electron, MasterCard and Maestro payment cards for this payment method of the purchase price.

4) By non-cash payment order
Payment of the purchase price shall be made in cashless form on the basis of an advance invoice issued by the Seller or a demand for payment made by the Seller. The Goods shall be delivered by the Seller after payment of the purchase price has been made to the address specified by the Client in the order, according to the delivery method chosen. In this case, the purchase price is payable within 5 working days from the date of delivery of the advance invoice or the call for payment to the Client. The Client is obliged to make the payment by indicating the variable, or even specific, symbol specified by the Seller.

5) Via Gold Account
The Gold Account is the Client's electronic wallet where funds are deposited. The Gold Account is a collection account maintained by the Seller at Slovenská sporiteľna a.s. , where the deposits of individual Clients are separated from each other by different variable symbols. The establishment of the Gold Account occurs automatically for each Client who establishes a user account. Hereby, each Client is assigned a unique variable symbol. Each Client deposits funds in the manner chosen by him/her into the Gold Account under his/her variable symbol. If another third party is the depositor into the Client's Gold Account, this shall be deemed to be a deposit made by the Client and the funds deposited shall be deemed to be the Client's funds. The deposit of funds into the Gold Account is not charged by the Seller, but may be charged by Slovenská sporiteľna a.s.

The Client is entitled to use the funds in the Client's Gold Account to pay for goods and services drawn from the Seller. Payment for goods and services drawn from the Seller through the Gold Account is not subject to a fee.

The Gold Account may be cancelled upon written request of the Client or by unilateral cancellation by the Seller if the Client is in serious or repeated breach of its obligations. Cancellation of the Gold Account shall not affect the rights and obligations already accrued and the balance of funds after deduction of all obligations of the Client shall be returned to the Client in cashless form to the bank account in the Slovak Republic specified by the Client.

Exclusively via the Gold Account, the Client is entitled to use the following services offered by the Seller, which are charged according to the Seller's price list published on its website:

(I) The reverse transfer of funds from the Gold Account to the Client's bank account in the Slovak Republic (the reverse transfer will always be made after deduction of the relevant fee according to the Seller's price list. This also applies in the case of settlement of a cancelled Gold Account. If there are insufficient funds in the Gold Account to cover the charge for the reverse transfer, the Seller is not obliged to make the reverse transfer).

(II) Inspection of the goods stored by the Client with the Seller (the Seller shall allow the Client to physically inspect such goods as agreed at the Seller's shop in Bratislava and the inspection shall be carried out only after deduction of the relevant fee according to the Seller's price list).

(III) Unpacking of the goods stored by the Client with the Seller (the Seller shall allow the Client to physically collect these goods as agreed at the Seller's store in Bratislava and the unpacking shall be carried out always after deduction of the relevant fee according to the Seller's price list. Part of the removal includes the mandatory completion of the relevant documents for removal and acceptance of the removed goods.

For more information on payment terms, please refer to the How to Pay section.

IV.2 PAYMENT TERMS APPLIED TO INVESTMENT PRODUCTS

These special payment terms apply to the sale of investment products, which are products for which the Seller declares their investment nature and/or the Seller informs the Buyer that it is a product subject to change of the purchase price depending on the price of the relevant precious metal on the investment market and on the exchange rate of currencies, within the meaning of the provisions of Section § 5(5)(a) of Act No. 266/2005 coll. on Consumer protection in distance financial services and on Amendments and additions to certain acts.

The purchase price is determined by fixing according to the terms and conditions set out below.

The following products are subject to price change/updating (referred to as price fixation):

1. a) Gold investment bars/alloys from 20g inclusive;
   b) Silver investment bars/alloys from and including 250g;
   c) Platinum investment bars/alloys from and including 20g;
   d) Palladium investment bricks/alloys from and including 20g;
   e) Foreign gold investment coins weighing between ½oz and 15g inclusive;
   f) Gold investment Czech Lion coins from up to and including 5oz;
   g) Series of gold investment Czech Lion coins;
   h) Gold investment Eagle coins from and including 5oz;
   i) Gold investment products of the Czech Mint weighing from and including 2oz.
   
   

Fixing hours: 8:30 a.m. - 2:30 p.m

The purchase price is fixed depending on the payment method as follows:

(a) via bank transfer or depositing cash into the Seller's account– in the case of payment of the purchase price by bank transfer or by depositing cash into the Seller's account, payment of 100% of the price set by the confirmed order is necessary. Once this amount has been credited to the Seller's account, the price will be fixed and the Buyer will be informed of any overpayment or unpaid balance. In the case that the order is accepted and payment is credited to the Seller's account on the same calendar day within the fixing hours, the purchase price is fixed at the amount of the confirmed order and no overpayment or unpaid balance is determined.

In case of an outstanding amount of 20€ or more, the Buyer shall be informed of the occurrence of the outstanding amount by e-mail and/or SMS. The Buyer is entitled to approve or disapprove the outstanding order. If the Buyer approves the outstanding amount and does so demonstrably by 3:30 p.m. of the calendar day on which the Buyer was informed of the outstanding amount, the order is executed and the Buyer is obliged to pay the outstanding amount:

1. E-shop orders paid via bank transfer - additional payment via bank transfer
2. Orders at store paid via bank transfer - additional payment via bank transfer

If the Buyer does not approve the overpayment or fails to do so within the above time limit, it is possible to proceed in one of the following ways:

1. If the Buyer communicates properly with the Seller but expresses his/her opinion after 3:30 p.m. of the day on which he/she was informed of the arrears, a new price fixing will take place on the next working day and the procedure described above will be followed accordingly,
2. The Buyer shall be entitled to wait up to 5 additional days for the new fixation of the purchase price to be carried out, provided that the Seller is demonstrably notified of this. If the purchase contract is not executed within this period, the Seller shall be entitled to withdraw from the purchase contract. In this case, the price paid shall be returned to the Buyer without undue delay,
3. The Buyer is entitled to withdraw from the purchase contract and cancel the order. In this case, the price paid will be returned to the Buyer without undue delay,

The Seller shall be entitled to withdraw from the purchase contract if the Buyer fails to communicate properly with the Seller after being informed of the arrears for at least 2 calendar days from the date on which the Buyer was informed of the arrears. In this case, the price paid shall be refunded back to the Buyer without undue delay.

Additional payments up to and including 20€ shall not be charged to the Buyer.

In case of an overpayment of 20€ or more, the Buyer will be informed of the occurrence of the overpayment. The Seller is obliged to return the overpayment to the Buyer without undue delay. The overpayment shall be refunded by wire transfer to the bank account notified by the Buyer.

Overpayments up to and including 20€ shall not be refunded to the Buyer.

(b) online via payment card- in the case of payment of the purchase price by online payment card, payment of 100% of the price set by the confirmed order is required and the purchase price is fixed at the moment of order creation and no overpayment or unpaid balance is determined.
(c) payment via Gold Account-  in the case of payment of the purchase price via Gold Account, payment of 100% of the price set by the confirmed order is necessary and the purchase price is fixed at the moment of order creation and no overpayment or unpaid balance is determined.
(d) payment in cash or by credit card at the Seller's store - only orders made by the Buyer at the Seller's store can be paid in this way. Orders made electronically cannot be paid for in this way. The execution of this payment method of the purchase price is limited by the provision of § 4 of Act No. 394/2012 Coll. on the limitation of payments in cash, as amended, where the maximum amount for making payments in cash is specified.
In the case of payment of the purchase price in cash or by credit card at the Seller's store in the amount of 100% of the price set by the confirmed order, the purchase price is fixed at the moment of creating the order. The purchase price is thus settled in full. No overpayment or unpaid balance is determined.
In the case of payment of the purchase price in cash or by credit card at the Seller's store in an amount less than 100% of the price fixed by the confirmed order, the Buyer is obliged to pay a deposit on the purchase price of at least 50% of the price fixed by the confirmed order. The purchase price is fixed at the moment of the creation of the order. The purchase price is thus settled in full. No overpayment or unpaid balance is established.
(e) cash on delivery– orders for investment products up to 1200€  (value excluding postage) can be paid on delivery. In the event that the Buyer orders a product subject to price fixing on delivery and the order is placed during the fixing hours, the purchase price is fixed at the amount according to the confirmed order and no overpayment or unpaid balance is determined.
If the order is made outside the fixing hours, the current price will be fixed on the next working day. In the event of an overpayment, the total value of the COD will be reduced by the overpayment incurred, in the event of an unpaid balance, the total value of the COD will be increased by the unpaid balance incurred.
Orders with a value of more than 1200€ can no longer be paid on delivery and the order must be paid in advance by payment order or credit card (fixation rules - see payment method by credit card).

V DELIVERY OF GOODS

V.1 Different delivery methods

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

a) COD (Cash on delivery) to the address demonstrably indicated by the Client as the delivery address. The Seller is entitled to refuse to deliver the goods to the Client on COD delivery, however, the Seller is obliged to inform the Client about this and allow the Client to choose another payment method of the purchase price, unless it has happened in the past that the Client has repeatedly failed to collect the goods sent on delivery or has repeatedly returned them to the Seller without a relevant reason. If the Client does not choose another payment method of the purchase price, it is understood that the payment will be made in accordance with Article IV. point 4., whereby the Seller is obliged to issue and send the invoice to the Client without undue delay.

In the case of transport of the goods to the Client, the Seller shall be entitled to use the services of a carrier of its choice or of the Client's choice made in the Order, if such choice is made available to the Client. In this regard, the Client agrees that the Seller shall provide the selected carrier with data relating to the Client to the extent necessary for the proper delivery of the goods. In order to transport the goods to the Client, the Seller shall pack and secure the goods in a sufficient manner. The Seller shall insure the goods for the purpose of transport to the Client. Shipping, packing and insurance fees are part of the purchase price and the price of the goods shall be increased by these fees and shall be paid by the Client, in the amount specified by the Seller, which is indicated in the online shop and to which the Client agrees by sending his/her order. If the goods are sent at the Client's request outside the Slovak Republic, the Seller guarantees their condition and insurance exclusively for the time when the goods are located in the Slovak Republic, otherwise all other risks associated with the transport shall be borne by the Client.

b) Personal collection in the Seller's store on condition that the Seller will inform the Client about the possibility of collecting the goods in the Seller's shop. The Seller shall not be obliged to deliver the goods to the Client at the Seller's shop unless the purchase price of the goods has been paid.

In the case that the Client is obliged to take over the goods in the Seller's shop according to the order made and fails to take over the goods within 14 days from the Seller's call for taking over the goods, or within an additional period of time provided in the Seller's call, the Contract relating to the goods shall expire upon the expiry of this period, unless the purchase price has been paid. If the purchase price has been paid, the Seller shall deliver the purchased goods to the Client on delivery, at the Client's expense, whereby the purchase price of the goods shall be increased by the Seller by the transport, insurance, packing, administrative fee of 7€ and by the cost of storage for the storage of the goods in the Seller's shop in the amount of 0,50€ for each even started day exceeding the 14th day of storage. If delivery on delivery is not possible, the Contract shall also expire on the 15th day following the Seller's request to take delivery of the goods, or on the expiry of the additional period of time provided in the Seller's request. Similarly, the Contract shall terminate if COD delivery is possible but the Client fails to take delivery of the Goods properly and the Goods are returned to the Seller, in which case the Contract shall terminate at the time the goods are returned to the Seller. If the contract under this article of the GTC is terminated for any reason and the Seller has incurred costs in connection with such contract, in particular, but not exclusively, in relation to the need to produce the goods, ordering the goods, producing the goods with dedication, etc, the Client shall be obliged to compensate the Seller for such costs in full, including the payment of an administrative fee of 7€ and the cost of storage for the storage of the goods in the Seller's shop in the amount of 0,50€ for each day even for the commenced day exceeding the 14th day of storage, whereby the Seller shall be entitled to unilaterally set off such claims against the Client's claim for the refund of the purchase price, if paid.

c) Confirmation of the order by the seller leads to the proper conclusion of the purchase contract, i.e. also to the creation of obligations on the part of the buyer. The buyer is obliged to take delivery of the ordered goods under this contract. Failure to take delivery of the ordered goods within the given time limit shall constitute a breach of the purchase contract on the part of the customer. It cannot therefore be mistakenly assumed that failure to take delivery of the goods automatically terminates the contract of sale. In the event of non-acceptance, the seller is entitled to claim from the buyer the costs of transport of the goods incurred in the dispatch of the order (postage). In the event that the delivered goods do not correspond to the buyer's expectations, the customer has the right to return the goods within 14 days of receipt of the goods. In this case, the undamaged goods must be sent back to the Czech Mint together with the completed form “Withdrawal from the Purchase Contract“, which can be found in HERE.

For more information on shipping methods, please go to the Shipping and postage section.

V.2 Common provisions for individual delivery methods

Goods marked as “in stock“ shall be dispatched by the Seller for delivery, as a rule, within 10 working days from the date of conclusion of the Contract in case of payment of the purchase price by cash on delivery, or within 10 working days from the date of crediting the payment of the purchase price to the Seller's account. The Seller reserves the right to extend this period up to 20 working days in justified cases for technical or operational reasons, of which it undertakes to inform the Client.

Goods that are not marked “in stock“ shall be dispatched by the Seller for delivery within the period specified in the Seller's E-Commerce for the relevant goods or within the period agreed between the Client and the Seller.

If the nature of the goods so requires or if such obligation is determined by a mandatory norm of generally binding legal regulations or if it has been agreed between the Client and the Seller in the contract, the Seller is obliged to deliver to the Client, as part of the delivery of the goods, such documentation and documents related to the delivered goods as are necessary for the proper acceptance and use of the goods.

If the Seller delivers to the Client a greater quantity of the goods than agreed, the contract shall be concluded also for the excess quantity of the goods only if either the Client has rejected the goods without undue delay, but no later than 5 days from the date of delivery, or the Seller has notified the Client of this without undue delay after such discovery and has invited the Client to return the excess goods. In the aforementioned cases, the Client is obliged to return the surplus goods to the Seller's shop in Bratislava without undue delay and at the expense of Česká mincovňa SK s.r.o. .

If technically possible, the Seller may, at the Client's request and at the Client's expense, divide the goods ordered by the Client into several separate shipments. In the event of division of the ordered goods into multiple shipments for reasons on the Seller's side, in particular due to a shortage of goods in stock, the cost of transporting the goods to the Client shall be borne by the Client only once and the remaining costs of transport shall be borne by the Seller.

In the case that, for reasons on the Client's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Client shall be obliged to reimburse the Seller for all costs associated with this.

VI WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract is regulated differently for the Client - consumer, for the Client - entrepreneur and for the Seller.

The Seller reserves the right to withdraw from the Contract in the following cases:

a) the creation and/or confirmation of an order has been affected by an apparent system failure of the computer network, software error or human error,

b) the order was made to an obviously dubious or non-existent delivery address,

c) the order was placed by a person other than the person to whom the relevant user account belongs, or was placed from a user account established by another Client for the purpose of exceeding the maximum possible limit of the goods to be ordered,

d) the order was placed for an obviously speculative purpose, with the Client's intention to remove the goods not being serious and this is supported by the Client's repeated previous withdrawal from the Contract without giving a relevant reason,

e) the order was placed by a Client who has previously broken his or her obligations to the Seller,

f) the ordered goods are already sold out and cannot be replaced by goods of equivalent quality and price,

g) the goods are to be delivered first by a third party to the Seller and the third party is unable to deliver the goods to the Seller,

h) the goods are no longer produced or delivered, the price of the goods supplied by the Seller's supplier has changed significantly, the goods are unavailable for a long period of time, or the incorrect purchase price has been entered in the online shop by mistake or clerical error,

i) the advance invoice issued pursuant to Article IV.4 of these GTC has not been paid even within 14 days from the date of its dispatch to the Client, or even within a further additional period granted by the Seller, if it decides to grant such an additional period.

In the case that any of the aforementioned events referred to in a) to f) above occur, the Seller shall immediately contact the Client in order to agree on the further course of action in the matter. In the event that the Client has already paid the purchase price or part thereof and the conclusion of the contract does not take place, the purchase price or part thereof shall be refunded to the Client.

The Client – consumer is entitled to withdraw from the contract concluded using the means of distance communication (which also includes the online shop) without giving reasons and without any penalty in accordance with the provisions of § 7 (1) of the Consumer Protection Act, except in the cases specified in the provisions of § 7 (6) of the Consumer Protection Act. The Seller emphasizes that in accordance with the provision of § 7 (6) (b) of the Consumer Protection Act, the Client - consumer is not entitled to withdraw from the Contract, that is, if in the period between the delivery of the order by the Client and the delivery of the goods there is a material deviation in the price of the raw material used for the production of the ordered goods on the NYMEX/COMEX commodity exchange in New York, USA, where a material deviation for these purposes is understood to be a deviation in the range of +/- 1% of the price of the raw material. The Seller further emphasizes that in accordance with the provisions of Section 7(6)(c) of the Consumer Protection Act, the Client - Consumer is not entitled to withdraw from the contract if the goods have been modified according to the Client's requirements, are custom-made goods or goods intended specifically for a single consumer.

The withdrawal from the contract is obliged to be made by the Client - Consumer via the form attached to these GTC.

Withdrawal from the Contract must be made within 14 days from the day following the day on which the goods were received by the Client - consumer or a third party designated by him/her (other than the carrier). For the purposes of these GTC, the receipt of the goods shall be understood as the moment when the goods are at the disposal of the Seller, i.e. the day of depositing the goods at the post office, unless the Client as the addressee has been reached, or the day following the day on which the Client has been sent the Seller's information that the goods ordered by him/her can be picked up at the Seller's shop, if this method of delivery of the goods has been agreed upon. The moment when the Client subsequently collects the ordered goods from the post office or the Seller's shop is not decisive for the determination of the moment of receipt of the goods. In order to comply with the time limit for withdrawal from this Contract, it is sufficient to send the withdrawal from the Contract before the expiry of the relevant time limit by post to the Seller's address, or to deliver the withdrawal from the Contract personally to any of the Seller's shops or to the registered office.

If the Client - consumer withdraws from the Contract, the Client shall send or hand over to the Seller without undue delay, not later than within 14 days from the withdrawal from the Contract, the goods received from him/her to the address of the Seller's registered office, in the original packaging, including the packaging of the goods. The costs associated with the return of the goods in the framework of withdrawal from the Contract shall be maintained by the Client - Consumer.

If the Client - Consumer withdraws from the Contract, the Seller is not obliged to return the received funds to the Client - Consumer before the goods are handed over by the Consumer or the goods are delivered to the sales outlet of Česká mincovňa SK, s.r.o..

If the Client - Consumer withdraws from the Contract, the Seller shall return to him/her without undue delay, no later than within 14 days of withdrawal from the Contract, all expenses, including delivery costs, received from him/her under the Contract, in the same manner. The Seller shall return the funds received to the Client-Consumer in another way only if the Client-Consumer agrees to it and if no additional costs would be incurred by the Seller.

If the Client-Consumer has chosen other than the cheapest method of delivery of the goods offered by the Seller, the Seller shall refund the Client-Consumer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered by the Seller.

The Client-Consumer shall be liable for the decrease in the value of the goods as a result of the handling of the goods in a manner other than that which is necessary to familiarise the Client-Consumer with the nature and characteristics of the goods, including their functionality.

However, the possibility to withdraw from the Contract pursuant to Section 7(1) of the Consumer Protection Act cannot be understood as a possibility to rent the goods free of charge. In case of exercising the right of withdrawal from the Contract, the Client - consumer must hand over to the Seller everything he/she has received on the basis of the Contract within 14 days from the date of receipt of the performance. If this is no longer well possible (e.g. the goods have been destroyed or consumed in the meantime), the Client-Consumer must provide the Seller with monetary compensation in return for what can no longer be handed over. If the returned goods are only damaged, the Seller may claim damages against the Client-Consumer and set off this claim against the Client-Consumer's claim for a refund of the purchase price. If the Client-Consumer has made an offer to conclude the Contract and/or concluded the Contract negligently, without serious intent or without the necessary deliberation and caution, and the withdrawal of the Client-Consumer from the Contract has caused damage to the Seller, in particular because the goods were ordered by the Seller from a third party, the Seller may claim against the Client-Consumer the right to compensation for damages and set off this claim against the Client-Consumer's claim for a refund of the purchase price. In such a case, the Seller shall refund the Client - Consumer only the purchase price, including the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods, less the amount corresponding to the compensation for damages.

Against the purchase price to be refunded to both the Client - Consumer and the Client - Entrepreneur, the Seller may set off his/her actual costs incurred in returning the goods.

WITHDRAWAL FORM

VII ASSUMPTION OF LIABILITY FOR DAMAGE TO PROPERTY

The risk of damage to the goods shall pass to the Client - Consumer at the moment of taking over the goods, either in the Seller's store or from the carrier.

The risk of damage passes to the Client – Entrepreneur at the moment of taking over the goods in the Seller's shop or at the moment of handing over the goods to the selected carrier for transporting the goods to the Client - Entrepreneur to the place specified in the order by the Client. The Seller shall fulfil its obligation to hand over the goods to the Client by handing them over to the selected carrier for transportation. The Client may exercise the rights under the contract of carriage against the selected carrier.

The Goods shall remain the property of the Seller until full payment of the purchase price by the Client.

PART 2 - COMPLAINT PROCEDURE

I INTRODUCTORY PROVISIONS

This complaint procedure shall apply to the purchase of any goods under the Contract.

The complaint procedure specifies in more detail the rights and obligations of the Seller and the Client, who may be a natural or legal person, namely an entrepreneur or a consumer, as all defined in Part 1. of these GTC.

The warranty according to the complaints procedure shall apply to Goods which have been purchased under the Contract and for which a claim has been made within the warranty period.

II CONFLICT WITH THE PURCHASE CONTRACT

a) Client - Consumer
The claims of the Client - consumer are governed in particular by the provisions of the Consumer Protection Act and the Civil Code. If the Client-Consumer upon taking over the goods (taking over means the moment of taking over the goods by the Client-Consumer in the Seller's shop or the moment of taking over the goods by the Client-Consumer from the carrier) finds damage to the delivered goods (i.e.  any defect of the goods), any difference between the delivery note, tax document (invoice) and the goods actually delivered, or any difference between the marking of the goods indicated on the delivery note or invoice and the goods actually delivered (in particular in the quality, measure, quantity or safety of the goods), or the completed delivery note or invoice has not been properly delivered with the shipment, we recommend contacting the Seller without undue delay after receipt of the goods in a demonstrable manner, in order to eliminate such defects.

In the case of a Consumer Client, a conflict with the Contract which has arisen within 6 months of the date of receipt of the goods shall be deemed to have already existed on receipt of the goods, unless this is contradicted by the nature of the matter or unless the contrary is proved. In the event that the goods upon receipt by the Client-Consumer do not comply with the Contract, the Client-Consumer shall have the right to have the Seller restore the goods to a condition that complies with the Contract free of charge and without undue delay, according to the Client-Consumer's request, either by replacing the goods or by repairing them; if such procedure is not possible, the Client-Consumer may demand a reasonable price discount or withdraw from the Contract.

If the Client-Consumer was aware of the non-conformity with the Contract at the time of goods receipt and nevertheless accepted the goods without reservation, or if the non-conformity with the Contract was caused by the Client-Consumer, the Client-Consumer shall not be entitled to have the goods restored to conformity with the Contract free of charge.

b) Client - entrepreneur
The client - entrepreneur is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed. If the Client - entrepreneur does not inspect the goods or does not arrange for the goods to be inspected at the time of the passing of the risk of damage to the goods, he or she can only claim for defects detectable during this inspection if he or she proves that the goods already had these defects at the time of the passing of the risk of damage to the goods.

The Seller shall be liable for the defect that the goods have at the time when the risk of damage to the goods passes to the Client - entrepreneur, even if the defect becomes apparent only after this time. The Seller is equally liable for any defect that arises after the time of the transfer of the risk of damage to the goods, if it is caused by a breach of his or her obligations.

If the Client - entrepreneur finds out any damage to the goods, any difference between the delivery note, tax document or invoice and the goods actually delivered (in particular in quantity, quality or design), he or she is obliged to notify the Seller of this fact without undue delay.

III GUARANTEE FOR QUALITY AND LIABILITY FOR DEFECTED GOODS (WARRANTY)

The warranty period shall commence from the date of receipt of the goods by the Client.

Unless a warranty period of a different length is indicated on the invoice, delivery note or in the E-Commerce in accordance with the law for the item of goods, the Seller shall provide a warranty period of 24 months for the goods from the date of receipt of the goods by the Client.

The period from the exercise of the right of liability for defects until the time when the Client was obliged to take over the goods after the completion of the repair shall not be included in the warranty period.

In the case of replacement of the goods, the new warranty period shall commence from the moment of acceptance of the new goods.

IV IMPOSSIBILITY TO APPLY THE GUARANTEE

The guarantee cannot be applied in the following cases:

• after the expiry of the warranty period;
• wear and tear of goods caused by normal use;
• mechanical damage, damage caused by improper installation, improper handling or operation or neglect of normal care;
• the Goods have been damaged by use or maintenance contrary to the conditions set out in the documents “How to care for precious metal coins and medals“ and “How to care for precious metal medallions“ contained in the Customer Support section of the Seller's website www.ceskamincovna.sk;
• for goods sold at a lower price, the warranty does not cover defects for which a lower price has been agreed/fixed;
• regarding used goods, the Seller shall not be liable for defects corresponding to the level of use or wear and tear that the goods had upon receipt by the Client;
• if items sold by the Client were used in the manufacture of the goods under the Contract, the Seller shall not be liable for defects in the goods caused by the use of such items, if the Seller could not have detected the unsuitability of such items for the manufacture of the goods by exercising professional care, or the Seller brought it to the Client's attention, but the Client insisted on their use;
• The Seller shall not be liable for defects in the Goods of which the Client knew or, taking into account the circumstances under which the Contract was concluded, should have known at the time of conclusion of the Contract, unless the defects relate to the characteristics of the Goods which the Goods should have had under the Contract.

V THE PROCEDURE FOR MAKING AND HANDLING CLAIMS

a) Client - Consumer
The Client - Consumer shall deliver the claimed goods at his own expense and risk to the address of any of the Seller's premises.

The Seller recommends the claimed goods to be delivered including accessories and, if possible, in the original or replacement packaging. The Seller further recommends that the warranty certificate, delivery note or invoice be submitted together with the goods in order to expedite the claim procedure. However, the Client - consumer is always obliged to prove that he purchased the goods from the Seller. The Seller or his/her authorized employee shall decide on the claim immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The employee and the Client - consumer shall draw up a Claim Receipt Document (Claim Protocol), in which the description of the claimed defect, the method and the date of handling the claim shall be stated.

The complaint, including the removal of the defect, must be settled within 30 calendar days at the latest, unless a longer period is agreed with the Client - consumer. The thirty-day period for the settlement of the complaint begins on the day following the day after the complaint is made by the Client - consumer. After the expiration of this period, the Client-Consumer shall have the same rights as if it were a defect that could not be remedied.

After the claim, the Client-Consumer will receive one copy of the Claim Receipt, which will indicate how the claim has been handled. The Client-Consumer shall make any further claim for the replaced goods on the basis of this Receipt.

In the event that the Seller finds that the complaint is not justified, the Seller shall notify the Client-Consumer of this fact without undue delay, but no later than within 30 days of the claim. In case of assessment of the complaint as unfounded, the Seller shall indicate this fact in the Complaint Receipt Document (Complaint Form).

In the case of a justified complaint, the Client - consumer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the right of liability for defects.

The individual claims of the Client-Consumer under the liability for defects are based on the fact whether the claimed defect can or cannot be eliminated:

(i) Removable defects
If the defect is removable, the Client - Consumer has the right to have it removed free of charge, in a timely and proper manner and the Seller is obliged to remove the defect without undue delay. If this is not disproportionate in the case of a defect in the claimed goods, which is otherwise removable, due to its nature, the Client may demand the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of this part. If such a procedure is not possible, the Client - Consumer may demand a reasonable price discount or withdraw from the Contract.

The Client shall also have the right to exchange the goods or withdraw from the Contract if the defects are repairable, but the Client-Consumer cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. A greater occurrence of defects means three (3) legitimate and acknowledged claims of the same kind, or four (4) legitimate and acknowledged claims of different kinds.

(ii) Irremediable defect
If there is a defect which cannot be remedied and which prevents the goods from being properly used as non-defective goods, the Client-Consumer shall have the right to have the goods replaced with new ones or to withdraw from the Contract. If the defect is irremovable, but does not prevent the proper use of the goods, and the Client-Consumer does not request their replacement, the Client-Consumer has the right to a reasonable price discount or may withdraw from the Contract.

b) Client - Entrepreneur
The Client - Entrepreneur is obliged to notify the Seller of the defected goods in a demonstrable manner without undue delay after discovering it.

The Client - Entrepreneur shall deliver the claimed goods at his own expense and risk to the address of any of the Seller's premises. The Client - entrepreneur is obliged to deliver the goods for complaint including accessories and preferably in the original or replacement packaging. The Seller further recommends to submit a warranty certificate, delivery note or invoice together with the goods in order to expedite the claim procedure, however, the Client - entrepreneur is always obliged to prove that he or she purchased the goods from the Seller.

The employee of the claims department shall assess the claimed defect and decide on the merits of the claim and whether it is a material breach of the Contract or insubstantial, if possible immediately, otherwise within a period of time appropriate to the severity and extent of the defect. The Seller's employee and the Client - entrepreneur shall execute a Claim Receipt Document (Claim Protocol), in which they shall specify the description of the claimed defect, the manner and date of handling of the claim.

If the Seller finds that the complaint is not justified, the Seller shall notify the Client - entrepreneur of this fact without undue delay, but no later than within 30 days from the date of filing the complaint. In the event that it assesses the complaint as unfounded, it shall indicate this fact in the Complaint Receipt Document (Complaint Protocol).

The individual claims of the Client - entrepreneur for liability for defects shall be based on whether the delivery of the claimed defective goods violated the Contract in a material or immaterial way.

(i) Substantial breach of Contract

The Contract is breached in a material way if the Goods are defective beyond repair or have a greater number of defects which prevent their proper use. In such a case, the Client - entrepreneur may:

1. demand the removal of defects by delivery of replacement goods for the defective goods, delivery of the missing goods and demand the removal of legal defects,
2. require the removal of defects by repairing the goods, if the defects are repairable,
3. require a reasonable discount on the purchase price; or
4. withdraw from the Contract.

The Client - entrepreneur has the option between the above claims only if he/she indicates it in the notification of defects when making a claim or within two (2) days after such notification. The Client - entrepreneur may not change the option so chosen without the consent of the Seller. If the Client - entrepreneur does not specify the option of claims within the above-mentioned time limit, he/she shall have claims for defected goods as in the case of a non-substantial breach of the Contract.

(ii) Non-substantial breach of Contract

The Contract is breached in a non-substantial manner if the Goods are defective beyond repair or have a greater number of defects which do not prevent their proper use. In such a case, the Client - entrepreneur may:

a) demand delivery of the missing goods and removal of other defects in the goods; or
b) demand a discount on the purchase price.

The Seller is obliged to remedy other defects at its discretion by repairing the goods or supplying replacement goods.

A reasonable period of time to remedy defects in the goods shall be 30 calendar days. In justified cases, the reasonable period may be set differently by the Seller. If the Client - Entrepreneur does not notify the Seller of its disagreement without undue delay after the notification of the time limit, it shall be presumed that it has been set by agreement. If the Seller fails to remedy the defects within the time limit specified above (or within the time limit specified as aforesaid), the Client - entrepreneur may demand a discount on the purchase price or withdraw from the Contract. The Client - Entrepreneur may withdraw from the Contract only if he/she notifies the Seller of his/her intention to do so at the time of setting the deadline for the removal of the defect or within a reasonable period of time before withdrawing from the Contract. The Client - Entrepreneur may not change the choice made in this way without the consent of the Seller.

The Client - Entrepreneur may not withdraw from the Contract if the defects have not been notified to the Seller in time. There shall be no withdrawal from the Contract if the Client - Entrepreneur cannot return the goods in the condition in which he/she received them, except if the impossibility of returning the goods in the condition in which he/she received them is not caused by the Client - entrepreneur's act or omission, or if the change in the condition of the goods occurred as a result of an inspection duly carried out for the purpose of detecting defects in the goods.

If the value of the returned goods has been reduced (the goods have been partially consumed or worn out), the Client - Entrepreneur is obliged to provide the Seller with compensation up to the amount in which he/she benefited from the use of the goods. In this case, the Seller is entitled to offset the value of the wear and tear or consumption of the goods against the Client - entrepreneur's claim for a refund of the purchase price. The purchase price is then paid to the Client - Entrepreneur in the amount less the value of the wear and tear or consumption of the goods.

Supervision over compliance with Act No. 102/2014 coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's premises and on amendments and additions to certain acts, as amended, is carried out by the Slovak Trade Inspection Authority (www.soi.sk), ID No.: 17 33 19 27, with its registered office at Bajkalská 21/A, 827 99 Bratislava 27, which is also competent for the out-of-court settlement of consumer disputes arising out of the Contract.

VI CLAIM FOR GOODS DAMAGED BY TRANSPORT

In the case of delivery of a shipment containing goods to the Client that is visibly damaged, the Client has the right to refuse to accept the shipment, stating the reason for the damage to the packaging. If the Client accepts it despite this or discovers the damage to the goods after removing the packaging, the Client is advised, for the avoidance of doubt and possible rejection of the claim by the Seller, to report the damage to the relevant carrier without undue delay after receipt of the goods, within a maximum of three (3) working days after receipt of the goods, and to draw up a report on the damage to the goods with the carrier. On the basis of this written report on the damage to the goods and the result of the carrier's investigation, the Seller shall decide on the validity of the claim. In the event of the Client's delay in reporting the defect of the goods damaged by transport, the Client shall forfeit all related claims which could have asserted against the Seller.

VII STORAGE FEE FOR UNCLAIMED GOODS

If the Client does not take delivery of a completed claim within thirty (30) days of the claim being processed, the Client will be charged a storage fee of 1 EUR for each day of non-acceptance of the goods from the completion of the repair for each day of non-acceptance..

However, if the Client does not take possession of the goods even within the period when the amount of the storage fee exceeds the price of the goods claimed, the goods will be used to pay the storage fee.

PART 3. CLUB OF THE CZECH MINT (CMC) SK

I INTRODUCTORY PROVISIONS OF THE CMC

This part of the GTC specifies the rights and obligations of the Client and the Seller in relation to gold and silver coins issued by the Czech National Bank and the National Bank of Slovakia.

The Client acknowledges that the only option for binding order and guaranteed delivery of gold and silver coins issued by the Czech National Bank and the National Bank of Slovakia from the Seller is to purchase them through the Club of the Czech Mint (referred to as the “CMC“) pursuant to this section of the GTC.

At the same time, the Client acknowledges and agrees that in connection with the ordering of gold and silver coins issued by the CNB and the NBS by the Seller from the CNB and the NBS for delivery to the Client, there are administrative costs involved, as well as a considerable contractual penalty imposed by the CNB and the NBS on the Seller in the event that the Seller does not take the coins from the CNB or the NBS, in particular due to the Client's failure to fulfil its obligations under the Contract. In view of the foregoing, the Client undertakes to exercise the necessary caution and to act in a binding manner in the event of orders being executed within the framework of the CMC so as to be prepared to fulfil such orders and to take delivery of the Goods, or to pay the costs and damages incurred by the Seller in the event that the Client fails to fulfil its orders and to take delivery of the Goods.

The Client further acknowledges that the price of gold and silver coins issued by the CNB and the NBS is not fully known as at the date of execution of the order and conclusion of the Contract and the Client therefore agrees that the final price will be determined in the manner set out in Article II (VI) of this section of the GTC. The Seller undertakes to inform the Client of the indicative price of the Coins, however, the Seller declares and the Client acknowledges that this price is only very indicative and may differ significantly from the final price.

II CONCLUSION OF THE CONTRACT

The conclusion of the Contract for gold and silver coins issued by the CNB and the NBS between the Client and the Seller takes place in the following consecutive steps:

(i) Creation of the collector´s plan
The Client shall be entitled to browse, within the framework of the E-Commerce and the executed registration to the CMC, the issuance plan of gold and silver coins issued by the CNB and the NBS, as well as to mark, in an informative and non-binding manner, the goods in which the Client may be interested in the future (referred to as the "Collector's Plan").

(ii) Binding confirmation of the collector´s plan
Based on the deadline announced by the CNB and the NBS for the execution of binding orders for the individual coins issued, the Seller shall invite the Client who has the coins to which such deadline relates in its collector´s plan to execute a binding order for the relevant coins. This invitation will be sent by the Seller to the Client electronically to the e-mail address provided by the Client at least 14 days before the last day of the deadline for the execution of orders.

Based on the received request, the Client either confirms or does not confirm the corresponding part of the collector´s plan. If the Client does not confirm the collector´s plan, the Client's binding order will never be created. If the Client confirms the collector´s plan, it becomes a binding order for the goods listed in the confirmed collector´s plan for that period.

As part of the Client's confirmation, the Client is also obliged to determine the payment method of the purchase price, the method of delivery of the goods and any pooling of individual deliveries of the goods. The purchase price may be paid at the Client's option, either by COD or in advance by wire transfer. The Goods may, at the Client's option, be delivered either by post or for personal collection at the Seller's shop if the Goods have been paid for by the Client in advance by non-cash transfer or via cash on delivery.

The Client acknowledges that, unless otherwise expressly agreed with the Seller, the Client is not entitled to place a binding order for more than 5 pieces of any one coin title in any one design. If the Client breaches this obligation, the Seller shall be entitled to reduce the Client's executed order accordingly.

(iii) Notification of receipt of a binding order
Upon receipt of the Client's binding order pursuant to clause (II) above, the Seller shall send the Client a notice confirming delivery of such order. This notification will be sent electronically by the Seller to the Client's email address.

The Seller hereby notifies and the Client agrees that the notification of delivery of the order sent to the Client pursuant to this clause does not constitute acceptance of the Client's order by the Seller and does not constitute the conclusion of the Contract for the ordered goods.

(iv) Payment of the guarantee deposit
If the Seller so determines, the Client shall pay to the Seller a guarantee deposit ("GD"). The amount of the GD will always be determined by the Seller. The amount of the GD will be notified to the Client electronically to the Client's email address provided, including the documents for making the payment. The Client is obliged to pay the GD no later than 7 days from the date of receipt of the notification of the final amount of the GD and the documents for making the payment by the Seller. In the event that the Client fails to pay the GD in due and timely manner, the Client's order pursuant to clause (II) above shall terminate without further delay. In the event that the Client duly and timely pays the GD, the Seller shall send the Client a notification of receipt of the GD. If the Client cancels the binding order under clause (II) above and at the same time the payment of the GD has already been made, the Seller shall be entitled to demand from the Client the payment of a contractual penalty in the amount corresponding to the GD paid, and shall be entitled to unilaterally set off the claim for the payment of this contractual penalty against the Client's claim for the return of the GD. In the event that a Contract is concluded pursuant to clause (V) below and the Client has not cancelled the Contract, and at the same time the GD has been paid, the Seller shall be obliged to set off against its claim for payment of the purchase price for the ordered goods pursuant to clause (VII) below the GD in full and to reduce the purchase price by the GD paid.

(v) Acceptance of the order and conclusion of the Contract
Upon receipt of all binding orders pursuant to clause (II) above and upon making the GD payments pursuant to clause (IV) above, the Seller shall be entitled to carry out a comprehensive check of the orders placed.

If the Seller becomes aware of any discrepancies in any Order, the Seller undertakes to use its best endeavours to rectify the discrepancies in cooperation with the Client. However, if this is not possible, the Seller shall be entitled to unilaterally reject and cancel such order and shall inform the Client accordingly. If the GD has already been paid for such cancelled order, the Seller is obliged to return such GD to the Client's bank account specified by the Client without undue delay.

If the Seller does not detect any differences in the orders placed, the Seller shall carry out an across-the-board acceptance thereof, electronically to the e-mail addresses of the respective Clients. Upon delivery of this acceptance, a Contract for the ordered goods shall be concluded with each respective Client.

(vi) Product sales launch
By determining the final price of the coin, the Seller shall notify the Client electronically of the commencement of the sale of the ordered Goods, including instructions for making payment of the purchase price.

The information on the commencement of the sale of the ordered goods must also include information on the price of the individual goods, which was not previously known. The price of the individual goods shall be set by the Seller, namely the price set by the CNB and the NBS (price of metal and production costs) plus the Seller's commission. The Client acknowledges that the price set by the CNB and the NBS may change over time, in particular with regard to changes in the price of the metal.

(vii) Payment of the purchase price
If the payment method of the purchase price by wire transfer has been selected by the Client pursuant to clause (II) above, the Client shall pay the purchase price no later than 14 days from the date of commencement of the sale pursuant to clause (VI) above. The Seller shall not be obliged to deliver the goods to the Client until the purchase price has been paid.

If the payment method of the purchase price has been selected by the Client pursuant to clause (II) above, the purchase price shall be paid by the Client upon delivery of the goods.

If the GST has already been paid by the Client, the purchase price shall be reduced by the GST paid.

(viii) Delivery goods
The Seller shall deliver the Goods under the Contract to the Client in the manner selected under clause (ii) above.

III SPECIAL PROVISIONS

III.1 Cancellation of the issue by the CNB and the NBS

In the case of cancellation of the issue by the CNB and the NBS, all Orders and Contracts affected by the cancellation of the issue by the CNB and the NBS are hereby terminated and cancelled without further delay. If any consideration has already been given in this connection, the receiving party shall return such consideration to the other party without undue delay.

III.2 Liquidated damages and compensation

The Client acknowledges and agrees that in the event that it fails to take delivery of the Goods ordered by it under the Contract, i.e. fails to pay the purchase price or fails to take delivery of the Goods sent on delivery, the Seller shall be entitled to withdraw from the Contract in writing, and at the same time shall be entitled to demand from the Client the payment of a contractual penalty, the amount of which shall be made up of the sum of the costs and penalties that the Seller shall be required to pay to the CNB for the failure to take delivery of the Goods and the Seller's administrative costs of concluding and cancelling the Contract. The liquidated damages shall be payable within three (3) days from the date of receipt of the Client's statement of liquidated damages and payment of the liquidated damages shall be without prejudice to the Seller's claim for damages, if any.

The Client agrees that if the GD has been paid by the Client and at the same time the Client is obliged to pay the Seller the contractual penalty or to compensate for damages pursuant to this Article of the GTC, the Seller shall be entitled to unilaterally and without further delay set off the paid GD against the claim for payment of the contractual penalty or for compensation for related damages, and to reduce such claim by the GD.

The Client further agrees that if the Seller withdraws from the Contract pursuant to this Article of the GTC, all further orders of this Client, as well as the concluded Contracts, the subjects of which have not yet been ordered at the CNB and the NBS pursuant to Article II (VI) above, shall be terminated without further delay.

IV MEMBERSHIP IN THE CMC

IV.1 Establishment of membership

Membership in the CMC (The Club of the Czech Mint) shall be established when all of the following conditions are met:

• the Client's registration in the E-Commerce and the creation of his/her user account,
• registration of the Client in the CMC within the E-Commerce,
• agreeing to these GTC,
• the due and timely payment of the first GD as per Article II (IV) above.

Membership in the CMC is free of charge and unlimited in time, it is not vested and the CMC reserves the right to refuse the membership of a particular person at its sole discretion.

IV.2 Termination of membership

Membership in the CMC may be terminated in any of the following ways:

• termination of membership by the Client within the E-Commerce,
• termination of membership by the Seller, at its discretion, in particular, but not exclusively, in the event of a breach of generally applicable law and these GTC.

The Client may terminate his/her membership in the CMC at any time, without any penalties.

Termination of the membership in the CMC in any way does not affect the binding orders already placed by the Client and the concluded Contracts within CMC.

V FINAL PROVISIONS 

In the event that this Part 3 of the GTC does not expressly provide otherwise, the provisions of Parts 1, 2 and 4 of these GTC shall apply mutatis mutandis.

PART 4. – GENERAL AND FINAL PROVISIONS

I COMMON PROVISIONS

Unless otherwise specified below, this part of the GTC also applies to all previous parts of the GTC.

II COMPLAINTS AND DISPUTE RESOLUTION

Consumer complaints are handled by the Seller via e-mail info@ceskamincovna.sk. The Seller shall send information on the handling of the Client's complaint to the Client's e-mail address. Alternatively, complaints may also be resolved by telephone or in writing at the contact details provided in Article 1. point I. of these General Terms and Conditions.

All provisions and legal relations arising from the Contract concluded between the Seller and the Client shall be governed by the law of the Slovak Republic, in particular the provisions of the Civil Code as amended and the Consumer Protection Act as amended. In the case of a dispute, the Seller and the Client undertake to do everything possible to resolve the dispute in a friendly manner. The Seller undertakes to seek preferably an out-of-court settlement of disputes with the Client.

The Seller and the Client agree that disputes arising under or in connection with the concluded Contract, the annex of which forms an annex to these General Terms and Conditions, including the Complaints Procedure, shall be adjudicated in civil courts. The Client - Entrepreneur acknowledges and agrees that according to the provisions of Section 15 of Act No. 160/2015 coll. on the civil procedure code, as amended, the district court in the district of which the company has its registered office, i.e. the district court in Považská Bystrica, is locally competent for the resolution of any disputes.

III SELLER'S BUSINESS AND CONTROLLING AUTHORITIES

The Seller sells goods based on a trade licence. Trade control of the business based on a valid certificate is carried out by the competent trade authority.

Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection of the Slovak Republic.

Supervision of compliance with Act No 94/2013 coll. on hallmarking and testing of precious metals (Hallmarking Act) and on amendments to certain acts is carried out by the Assay Office of the Slovak Republic (www.puncovyurad.sk).

IV FINAL PROVISIONS

The Client acknowledges that certain goods offered by the Seller are forced by the Seller to place a binding order with the CNB and NBS in case of conclusion of the Contract with the Client, and in case of cancellation of such order by the Seller at the CNB and NBS, the CNB and NBS shall charge a contractual penalty. In the event that the Seller orders such goods for the Client at the CNB and NBS, but for reasons on the part of the Client the Seller is forced to cancel such order at the CNB and NBS and in this connection the Seller is charged a contractual penalty by the CNB and NBS, the Client shall be obliged to reimburse the Seller in full for the contractual penalty so paid.

These GTC shall apply in the wording as set out on the Seller's website on the date of the Client's placing of the order. The Client agrees and accepts all provisions of the General Terms and Conditions and the Complaints Procedure as in force on the date of placing the order, including the price of the ordered goods as stated in the online shop, unless otherwise has been demonstrably agreed in a particular case. These General Terms and Conditions and the Complaints Procedure are provided to the Client - Consumer in a form that allows their archiving and reproduction.

The Seller and the Client shall not be liable for breach of their obligations under the Contract if they are prevented from performing them by an event of force majeure. The Seller and the Client shall use all reasonable endeavours to minimise any damage caused by the force majeure event. Force majeure means any unforeseeable exceptional situation or event beyond the control of the Seller or the Client which prevents them from performing any of their obligations under the Contract, was not caused by fault or negligence on their part and proves to be impossible to overcome even with the exercise of all due diligence. For the purposes of these GTC and the Complaints Procedure, an unforeseeable exceptional situation or event shall be understood to include fires, wars, civil disturbances, strikes, pandemics, accidents, floods, weather conditions and other natural disasters (e.g. storms, earthquakes, etc.), and shall not be deemed to have occurred in the event of any such unforeseeable event. ) and measures of state authorities (generally binding legislation) and other similar situations or events that affect the ability of the Seller or the Client to perform its obligations and that are beyond the control and influence of the Seller or the Client or that prevent the performance of the Contract for other objective reasons.

In the case of delivery of documents between the Seller and the Client, the delivery address shall be deemed to be the registered office of the Seller and the address (or a number of addresses) of the Client specified in his or her order.

The applicable GTC are available on the website https://www.ceskamincovna.sk and each Client is notified of the GTC and has the opportunity to familiarize himself or herself with them when purchasing goods. The Seller is entitled to supplement or amend the GTC and the Complaints Procedure in connection with changes in the applicable legislation and in connection with changes in the market of the goods offered by the Seller. Older versions of the GTC can be obtained on request from the Seller.

If any provision of the GTC or the Complaints Procedure is contrary to the law, the law shall apply. If any provision of the GTC or the Complaints Procedure is or becomes ineffective, the remaining provisions shall remain effective. If any provision of the GTC or the Complaints Procedure is or becomes invalid, or is or becomes contrary to generally applicable law, the remaining provisions shall remain unaffected and shall continue to apply. Both the Seller and the Client agree that such invalid provisions shall be replaced by valid provisions in such a manner that such new provisions shall approximate as closely as possible the meaning and purpose of the replaced provisions.

If the relationship between the Client and the Seller established by the Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This shall be without prejudice to the rights of the Consumer under generally applicable law.

These GTC are valid since 27 September 2021.