General Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions regulate the rights and obligations of the parties when concluding a purchase contract between SAFE HERITAGE a.s., with its registered office at Prague 1 - Nové Město, Vodičkova 682/20, Postcode 110 00, ID No.: 09436537 and ZLAŤÁKY Česká republika s.r.o, with its registered office at Prague 1 - Nové Město, Vodičkova 682/20, Postal Code 110 00, ID No.: 24267562 (hereinafter referred to as "Seller") as the Seller operating the online shop https://zlataky.cz and the Buyer for purchases in the E-Shop and the Stone Shops (as both of these terms are defined below).
1.2 Capitalised terms used in these Terms are defined terms, the meaning of which is set out below.
1.3 By submitting an Order, the Buyer confirms that they have read these Terms and Conditions and that they agree to them. The Buyer shall be notified of these Terms and Conditions sufficiently in advance of the actual placing of the order and shall have the opportunity to familiarise himself with them.
2. DEFINED TERMS
2.1 "CNB" means the Czech National Bank.
2.2. "E-shop" means the online shop operated by the Sellers at https://zlataky.cz.
2.3 "Price Fixing" has the meaning set out in clause 4.2 of these Terms and Conditions.
2.4 "Investment Products" means investment gold, silver and other products whose price on the E-Shop is updated from time to time.
2.5 "Purchase Agreement" means the purchase agreement between the Seller and the Buyer, the draft of which shall be delivered to the Buyer by the Seller in accordance with Article 3.6 of these Terms and Conditions.
2.6 "Buyer" means a Consumer or Business who makes a purchase on the E-Shop.
2.7 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.
2.8 "Terms and Conditions" means these Sellers' Terms and Conditions.
2.9 "Entrepreneur" means a natural or legal person who, in entering into and performing the Purchase Contract with the Sellers, is acting within the scope of his/her business or other entrepreneurial activity.
2.10 "Seller" has the meaning set out in clause 1.1 above.
2.11. "Fixed Price Products" means all products in the E-Shop except Investment Products.
2.12. "Consumer" means a natural person who is not acting in the course of his trade or other business or in the course of his independent exercise of his profession when entering into and performing a Purchase Contract with the Sellers.
2.13. "Deposit" shall have the meaning set out in the draft Purchase Agreement.
2.14. "AML" means Act No. 253/2008 Coll. on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing
3. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
3.1 The order and the purchase contract can be concluded in the following ways:
- via the E-shop
- in person at the Sellers' brick-and-mortar stores
- in writing, by telephone or by email
3.2 If the Buyer is an Entrepreneur, it is fully responsible for the accuracy of the delivery and billing data. These data must correspond with the data listed in the commercial or trade register.
3.3 All orders placed by the Buyer shall constitute a binding and irrevocable proposal to conclude a Purchase Contract. The Buyer shall have the right to cancel the order made by notification sent to the Seller's email address info@zlataky.cz within 24 hours after the order has been placed. This option applies only to orders for fixed-price goods (see clause 6.6.2.). The Seller points out that in case of personal collection of the Fixed Price Product, the Purchase Contract is concluded by physical receipt. In this case, it is not a distance contract.
3.4 The Seller is entitled, depending on the nature of the order - quantity of goods, price amount, etc. - to ask the Buyer to authorize the order in an appropriate manner (e.g. by e-mail, telephone, registered mail or in person). The order shall be deemed void if the Buyer refuses to authorise the order in the requested manner.
3.5 The Seller reserves the right to refuse/not accept the order in the event of:
3.5.1. the number of orders received exceeds the amount of available stock;
3.5.2. that the information given about the Buyer or the place of delivery is misleading, erroneous or incomplete; and/or
3.5.3. if the Buyer has at any time in the past breached its obligations to the Seller, in particular by failing to accept or pay for goods previously ordered;
3.5.3.1 in this case, the Buyer who has breached its obligations will not have its prices fixed for subsequent orders, even under the immediate fixation pursuant to clause 4.2.1.
3.5.4. that the prices published on the web interface have been incorrectly displayed for any reason whatsoever
3.5.5. if the price of the goods supplied by the Seller's supplier has changed significantly
3.5.6. that the Buyer fails to comply with the legal requirements as defined under AML
3.5.7. for any other reason.
In the event of rejection/non-acceptance and/or inability to satisfy the order, this information will be sent to the Buyer to the email provided when the order was created without undue delay. The Seller is not obliged to communicate the reason to the Buyer.
3.6 Except where the Buyer's order is rejected in accordance with Articles 3.4 and 3.5 above, the Purchase Contract shall be concluded as follows:
3.6.1. investment products
The Seller shall send to the Buyer a call for payment or an advance invoice as a draft Purchase Contract. This information shall be considered as a proposal for the conclusion of the Purchase Contract between the Seller and the Buyer. By paying the Deposit, the Buyer accepts the proposal for the conclusion of the Purchase Contract, which thereby becomes fully valid and effective.
3.6.2 Fixed Price Products
The Buyer's order shall be deemed to be a proposal to conclude a Purchase Contract for the goods specified in the order. The Purchase Contract for the goods specified in the order between the Buyer and the Seller is concluded at the moment of delivery of the order confirmation to the Buyer, as an acceptance of the proposal to conclude the Purchase Contract. Depending on the quantity of the Product ordered, the Seller reserves the right to require payment of a deposit even for a Product with a fixed price.
3.7 The Seller reserves the right to limit the quantity of Products to be purchased for any reason whatsoever. This limitation may be excluded by agreement between the Sellers and the Buyer.
3.7.1. The Seller reserves the right not to accept orders relating to products placed on the Sellers web interface or in the Sellers bricks and mortar stores. The products listed herein are for information purposes only. By accepting these Terms and Conditions, the Parties exclude the application of Section 1732(2) of the Civil Code.
SPECIAL RULES FOR THE DIFFERENT METHODS OF SENDING ORDERS
3.8.
3.8.1. The Buyer places orders via the E-shop, either once without registration or by registering via an electronic account.
3.8.2. The Seller reserves the right to issue an advance invoice for the full amount of the order in this form of order.
3.8.3.The Buyer shall set up an electronic account on the website www.zlataky.cz (hereinafter referred to as the account). The Buyer is obliged to fill in the data according to the Terms and Conditions and to update these data in case of changes. After the account is created, the Buyer receives access data to the account from the Seller. The Buyer is obliged to keep these data confidential. The Seller shall not be liable for any loss or misuse of the access data caused by the Buyer's actions. The Seller shall be entitled to cancel the account if the services provided through it are abused. The account shall be accessible 24 hours a day, except for scheduled maintenance, which the Seller shall notify the Buyer in an appropriate manner, or in case of emergencies.
3.9 In writing, by telephone or by email
3.9.1 An order may also be placed in writing, by telephone or by email. Immediately upon receipt of the order, the Seller shall respond in the same form whether or not the Purchase Contract is concluded and, if applicable, the reason for non-acceptance.
3.9.2 The Seller reserves the right to issue an advance invoice for the full amount of the order in this form.
3.9.3 The Seller recommends that the Buyer completes the order form provided on the website www.zlataky.cz when placing an order.
4. PRICE AND PAYMENT
4.1 The price of the Fixed Price Products listed in the E-shop is the price at which the goods will be delivered to the Buyer and is the final price including all taxes and charges (excluding other costs according to the method of transport, payment and insurance).
4.2 The price of the Investment Products listed in the E-shop is not the final purchase price but the price in force at the time of order execution. Without undue delay after the Deposit is credited to the Seller's account, the Seller shall determine the final price according to the objective price development of the investment metals constituting the subject of sale (corresponding to the dates published in the E-shop). In case of purchase up to the total amount of 150 000 CZK, the price is final. Otherwise, after evaluating whether the price meets the criterion of maximum downward and upward movement of 1%, the price is also fixed automatically. Otherwise, the client is informed by telephone - either of the increase or decrease in price to decide whether to accept the order under the new conditions. In this case, the buyer is entitled not to accept the purchase price communicated by telephone. In such a case, the Seller will no longer actively inform the Buyer of the price development. However, the Buyer is entitled (based on the development of prices of investment metals in the E-shop) to confirm the price at any time by telephone at the Seller's telephone number +420 232 003 031 from 09:00 to 16:45 on working days or in person at the company's branches. The mutual agreement of this purchase price will result in the so-called purchase price fixation ("Price Fixation") and thus the final purchase price for the Investment Product. The Price Fixation cannot be carried out on public holidays and public holidays in Western Europe.
4.2.1 - The Price Fixation can be implemented immediately by:
(a) by a personal visit to the Sellers' brick-and-mortar stores by depositing cash every business day between 09:00 and 16:45 (except public holidays).
(b) by internet orders, for which:
the chosen method of payment is cash on delivery or bank transfer, only if:
1) the order is placed during the fixing hours (i.e. on working days from 9:00 a.m. to 4:45 p.m.) and the aggregate quantity of investment products for one Buyer does not exceed CZK 150,000
2) the order is placed outside the above-mentioned fixing hours and the aggregate quantity of investment products for one Buyer does not exceed CZK 150,000 or the change in the market is not more than 1% of the total price both upwards and downwards
(c) In these cases, if the Buyer requires deferred fixing, the Buyer shall indicate this in the order note
(d) The Seller reserves the right to cancel the price fixing of any orders for Buyers who have failed to pay any previous order, failed to collect a package or cancelled an order without the Seller's consent.
4.3 CNB Coins
4.3.1 For CNB coins, the Buyer has the option to pre-order these coins on the Seller's website (www.zlataky.cz). The Seller will send the Buyer an advance invoice, and the final selling price will be communicated to the Buyer by email, telephone or in person after the issue of the given coin title. The Buyer may not accept the final price and the Buyer must notify the Seller immediately by email. The Buyer is subsequently refunded the deposit in full. In the event of non-compliance with the due date of the Advance Invoice or Issued Invoice, the Seller reserves the right to cancel the pre-order without any notice. The Seller also reserves the right to cancel the pre-order in accordance with 3.5.
4.3.2 The price of unissued coins and medals is based on the expected prices of coins and medals. If there is a price increase by the CNB or another issuer and the Buyer has already paid the expected selling price, the Seller reserves the right to charge the difference before delivery. If the Buyer does not accept the price increase, the Buyer shall be entitled to a full refund of the subscription amount already paid in the agreed manner.
4.4 Payment may be made by one of the following methods:
4.4.1.
(a) in cash at the Sellers' brick-and-mortar shops, in accordance with Act No. 254/2004 Coll., with a maximum amount of CZK 260,000 or its equivalent in foreign currency based on the current CNB exchange rate (midpoint). Higher amounts can only be paid by bank transfer or deposit to the Sellers' bank account;
(b) payment by bank transfer to the Sellers' bank account;
Fixed price products
(a) in cash at the Sellers' brick-and-mortar stores, in accordance with Act No. 254/2004 Coll., with a maximum amount of CZK 260,000 or its equivalent in foreign currency based on the current CNB exchange rate (midpoint). Higher amounts can only be paid by bank transfer or deposit to the Sellers' bank account;
(b) payment by bank transfer to the Sellers' bank account;
(c) in the case of orders up to 150,000 CZK, payment on delivery, where the Buyer shall pay the price upon receipt of the goods from the carrier;
(d) the Sellers shall, at their option, allow payment by debit/credit card;
4.5 In the case of payment under 4.4.2 (d), the Seller shall accept the following debit/credit cards:
MasterCard, MasterCard Electronic, Maestro, VISA and VISA Electron.
4.6 In the case of payment in advance, the Purchase Price shall be deemed to be paid when the full amount of the Purchase Price of the ordered goods, including delivery costs, is credited to the Sellers account. The Buyer is obliged to pay the total price of the order in case of payment in advance, no later than 7 days from the date of completion of the order process (sending the confirmation message in electronic form or the advance invoice). After the expiry of this deadline, the order will be cancelled by the Sellers without refund.
4.7 In the case of payment on delivery, the Purchase Price shall be deemed to be paid upon payment of the full amount of the Purchase Price of the ordered goods, including delivery costs in cash to the employee of the transport company (Czech Post, etc.).
4.8 The invoice issued on the basis of the Purchase Contract also serves as an accounting (tax) document. To the price of the goods are added the costs of transporting the goods to the place specified by the Buyer, or fees associated with the payment for the ordered goods (cash on delivery fee, etc.).
4.9.
4.10. The transport fee is charged according to the current price list of the transport company (Czech Post, etc.), The transport fee includes insurance in the full amount of the shipment, which is also determined according to the current price list of the transport company, unless otherwise agreed.
4.11 The price for shipping abroad will be determined according to the place of destination and will be stated in the order confirmation by the Seller (or in the advance invoice). This price for the shipment will always include the insurance of the shipment up to the full value of the goods, or the fee associated with the payment for the ordered goods (cash on delivery fee, etc.), unless otherwise agreed.
4.12 The charges for the individual delivery methods are listed on the E-shop website.
5. DELIVERY
5.1 The Seller shall send the goods in stock to the Buyer without undue delay.
5.2 The Buyer acknowledges that the exact delivery time is beyond the Seller's objective control and may therefore be extended.
5.3 Delivery or acceptance of the ordered goods may be made in one of the following ways:
5.3.1.
5.3.2. The Seller reserves the right to refuse to deliver the goods if:
- 5.3.2.1. the address is demonstrably fictitious.
- 5.3.2.2. the Buyer has repeatedly failed to collect the goods in the past or has returned them without justification.
- 5.3.2.3. delivery of the goods is not possible due to their quantity, price or the conditions of the transport company
5.3.3.3. if the Seller reserves the right to refuse to deliver the goods by carrier, the Seller must immediately inform the Buyer in an appropriate manner and suggest an alternative suitable method.
5.4 The shipment shall always be insured up to the full value of the goods. Goods are sent as valuable writing or as a valuable parcel. The insurance of the shipment and its form, the dispatch of the goods and the choice of the shipping company shall be governed by this clause, unless otherwise agreed.
5.5 The price for shipping abroad will be determined according to the place of destination and will be indicated in the Seller's order confirmation (or in the advance invoice, as the case may be). This price for the shipment will always include the insurance of the shipment up to the full value of the goods, or the fee associated with the payment for the ordered goods (cash on delivery fee, etc.), unless otherwise agreed.
5.6 Fees for individual delivery methods are listed on the E-shop website.
5.7 In the event that the Buyer does not receive the shipment, the Buyer must immediately inform the Seller of this fact.
5.8. If the Buyer does not take delivery of the goods within 3 working days of the Seller's request, even after an additional request from the Seller, the purchase contract shall be terminated, unless:
5.8.1. a deposit has been paid for the order
5.8.2. the purchase price has been paid for the order
5.8.3. the Seller and the Buyer agree otherwise.
5.9. if the Purchase Contract is not terminated after delivery has been frustrated by the Buyer, the Seller reserves the right to charge storage charges, according to the prices listed in the current price list on the E-shop
5.10. If the Seller and the Buyer agree on a new delivery of the goods, the Seller reserves the right to charge the costs associated with the delivery (in particular packaging, postage and insurance of the goods) according to the Seller's and transport company's price lists.
5.11. If the Buyer is delivered a different quantity of goods than ordered, he is obliged to inform the Seller of this fact immediately.
5.12. If the Buyer is delivered a higher quantity of goods than he ordered, the Buyer is obliged to return the unordered goods to the Seller without undue delay.
6. WARRANTY, CLAIMS AND WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 If the Buyer is a Consumer, the goods are subject to the statutory warranty or liability for defects that occur within the warranty period of 24 months. The Buyer's claims are governed in particular by the provisions of the Civil Code.
6.2 The Buyer shall submit a claim in writing either by sending an e-mail to info@zlataky.cz or to the address of the Seller's branch:
Zlatáky.cz
Českomoravská 183/27
190 00, Prague 9
6.3. The Seller shall not be liable for the increase in the extent of damage if the Buyer uses the product and does not advertise, although he knows about the defect. The Buyer shall not have the right to make a claim for a defect which has been complained of in the past and has been discounted, and the Buyer shall not have the right to make a claim for a defect of which the Buyer was aware at the time of receipt of the product and accepted it without reservation.
6.4 The claim must contain the order number, a copy of the invoice and, in particular, a detailed description of the defect found.
6.5 The Seller shall settle the complaint without undue delay, at the latest within 30 days from the date of the complaint.
6.6 Withdrawal from the Purchase Contract is possible exclusively for the following reasons:
6.6.1. In the case of Fixed Price Products, the Buyer who is a Consumer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code within 14 days of receipt of the goods, without giving any reason. This right does not serve as a way of resolving a complaint. The Buyer shall exercise this right by delivering to the Seller a declaration of will (it must be expressly stated that the Buyer withdraws from the contract within the statutory period of 14 days) to withdraw from the contract no later than on the 14th day after receipt of the goods, in writing. The goods can be delivered by personal return in the Sellers' brick-and-mortar shop or by one of the carriers (e.g. Czech Post). If the Buyer decides to withdraw from the contract, the following conditions must be met:
(a) the returned goods are undamaged, fully functional and complete, including the original packaging (unless its nature does not preclude it); and
(b) the goods are free from signs of wear and use.
If the above conditions are not met, the Seller may claim compensation against the Buyer for the diminution in value of the returned goods. The Buyer shall then be refunded the purchase price less any such compensation. In the case of return of goods via a shipping service, the Buyer is obliged to return the goods to the Seller's business address:
Zlatáky.cz
Českomoravská 183/27
190 00, Prague 9
a dále přiložit originál prodejního dokladu, záruční list na zboží, číslo objednávky a číslo bankovního účtu, kam má být cena zboží vrácena. The Buyer will be refunded the purchase price for the returned goods, excluding shipping costs. The amount will be sent to the Buyer's chosen bank account within 30 days of receipt of the returned goods.
6.6.2. In the case of Investment Products, the withdrawal of the Buyer, who is a Consumer, is excluded pursuant to Section 1829 of the Civil Code (a Consumer may not withdraw from a contract for the supply of goods or services whose price depends on financial market fluctuations independent of the will of the entrepreneur and which may occur during the withdrawal period) after the price fixation has been carried out in accordance with the provisions of Section 1837 (b) of the Civil Code. Furthermore, once the Price Fixation has been performed, the withdrawal of the Buyer who is a Consumer is excluded under Section 1847, letter a) of the Civil Code (the Consumer does not have the right to withdraw under Section 1846 if the price of financial services depends on price movements of financial markets that are beyond the control of the entrepreneur, such as services related to foreign exchange values and investment instruments).
6.6.3. If the Buyer is an Entrepreneur, withdrawal is only permissible on the grounds set out in the Civil Code, in particular in Sections 2106 et seq.
6.7 Unsolicited parcels sent on COD by the Seller will not be accepted.
6.8 The responsibility for the transport of the shipment shall be assumed by the carrier. Upon receipt of the shipment, the Buyer shall always check that the packaging is intact and that the shipment does not show obvious signs of damage. In the event of damage to the packaging, the Buyer is obliged to notify the carrier of this finding and request that the carrier draw up a damage report. Furthermore, the Buyer shall notify the Seller of the finding of damage to the packaging. The Seller will never be liable for damage to the goods during transit.
6.9 If the Buyer fails to collect the claimed goods, even after the Seller's request, the Seller reserves the right to charge storage fees.
6.10. If the Purchase Contract is frustrated for any reason on the part of the Buyer, the Seller shall be entitled to charge a contractual penalty of 20% of the purchase price of the goods. Reason for frustration does not mean section 1829 of the Civil Code. The Buyer acknowledges that in case of charging additional fees, unless otherwise indicated, 1) the contractual penalty, 2) storage, 3) postage + packing, 4) the purchase price shall be paid.
7. REDEMPTION GUARANTEE
7.1 For products marked - Redemption of this product: guaranteed - the Sellers guarantee that we will always redeem the goods from the Buyer who has purchased the goods from us. This marking means that WE WILL ALWAYS BUY the product. Damaged products are not covered by the guarantee.
Investment metals are redeemed by the Sellers on working (fixing) days in brick-and-mortar shops from 09:00 to 17:00 or by correspondence redemption.
7.2 Products marked - Redemption: on request - we do not guarantee the possibility of redemption.
7.3 The redemption price will be determined individually for each product offered by the Seller.
7.3.1 For redemption of investment goods that the Sellers do not have on offer, the Sellers reserve the right not to carry out the redemption or not to set a redemption price.
7.4 WE DO NOT REDEEM:
7.4.1. gold jewellery, gold teeth, fractional gold, gold coin fragments,
7.4.2. gold coins of purity lower than 900 thousandths,
7.4.3. raw gold in any form, even in the form of bullion.
7.5 In the case of correspondence redemption, the consignment will be opened under CCTV so that the rights of both parties are secured. The bidder has read and agrees to this procedure.
8. PERSONAL DATA
8.1 The handling of Buyers' personal data is subject to legislation regarding the protection of personal data, including and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation. The principles governing the processing of your personal data are contained in the E-shop.
8.2 The Sellers undertake not to sell, disclose to any third party or use for any commercial offer unrelated to the E-shop any personal data and other data entrusted to the Buyer without the consent of the owners of such data and data. The entrusted personal data and other data are used only for the internal needs of the E-shop (for the purpose of successful execution of the Purchase Agreement) and for the mutual improvement of communication between the Buyer and the Sellers.
8.3 Personal data and other data will be deleted from the Sellers' databases at the Buyer's request. The Buyer shall also have the right to access and rectify its personal data, including other legal rights in relation to such data.
8.4 The Sellers are entitled to pass on the Buyer's data necessary for the delivery of goods to external carriers.
9. BRICKS AND MORTAR SHOPS OF THE SELLERS
9.1 The Sellers have the following bricks and mortar stores:
Prague
Sykora Shopping Centre
Českomoravská 183/27
190 00 Prague 9
Brno
Trinity Office Center
Úzká 488/8
602 00 Brno
Ostrava
Tyršova 1250/6
702 00 Ostrava
Liberec
Hodkovická 109
463 12 Liberec
Karlovy Vary
T. G. Masaryk 282/57
360 01 Karlovy Vary
České Budějovice
Piano Business Center
Lidická tř. 2331/6a
370 01 České Budějovice
Bratislava
Gorkého 17
811 01 Bratislava
Košice
Hlavná 6
40 01 Košice
Banská Bystrica
Námestie slobody 2
974 01 Banská Bystrica
10. STORAGE
10.1 If the goods are not collected by the Buyer within the specified time, the Seller reserves the right to charge storage fees according to the prices listed in the current price list on the E-shop.
10.2 The Seller is not obliged to deliver the product to the Buyer until the purchase price including accessories, in particular the storage fee, has been paid in full.
11. AML AND THE LAW ON LIMITATION OF CASH PAYMENTS
11.1 According to the Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Financing of Terrorism, Section 2 (1) (o) according to which the obliged person is a dealer in precious metals or precious stones according to Annex No. 1 to this Act in the case of a transaction with a value of EUR 10,000 or more.
11.2 The conclusion of an order above the limit of EUR 10,000 (CZK 240,000) is subject to the AML Act, which requires customer verification:
(a) physically at the shop by presenting a valid personal document with a current photograph proving the identity of the Buyer
b) digitally on the E-shop by presenting 2 personal documents with a valid photo and filling in the required data, one of which must be the Buyer's identity document
11.3 Failure of the Buyer to prove his/her identity or failure to provide the necessary documents for the conclusion of the Purchase Contract shall not allow the Sellers to execute the Purchase Contract.
11.4 Act No. 254/2004 Coll., on the restriction of cash payments, the purpose of which is to regulate cash payments and which establishes the obligation to make payments in excess of CZK 270,000,- between the same persons in one calendar day without cash.
(1) The provider of the payment in this case the Buyer, the amount of which exceeds the amount of CZK 260,000 (hereinafter referred to as the "limit") is obliged to make the payment without cash or by depositing it in the Sellers account, or the Buyer may split the payment into several days.
(2) The payee in this case the Seller, whose amount exceeds the limit, may not accept the payment if it was not made in cashless form.
(3) For the purposes of this Act, a payment in a foreign currency shall be converted into Czech crowns at the foreign exchange market exchange rate announced by the Czech National Bank and valid on the date the payment is made.
(4) All payments in Czech and foreign currency made by the same payment provider to the same payment recipient during one calendar day shall be counted towards the limit.
11.5 However, the Cash Payment Limitation Act does not affect the amount of limits set under the AML Regulations.
12. OUT-OF-COURT DISPUTE RESOLUTION
12.1 The parties shall endeavour to resolve any disputes arising between the Buyer and the Seller amicably.
12.2 In the event that the dispute cannot be resolved amicably, the Buyer, who is a consumer, shall have the right under the Consumer Protection Act to an out-of-court settlement under this Agreement. According to the Consumer Protection Act, the Czech Trade Inspection Authority (www.coi.cz) is the entity for out-of-court resolution of consumer disputes.
12.3 The elements of a motion to initiate are set out in Section 20n of the Consumer Protection Act. The buyer-consumer shall provide identification data of the parties, fully and comprehensibly describe the relevant facts, indicate what he/she claims, the date of filing his/her claim with the provider. The application must be accompanied by proof that the dispute has not been resolved amicably.
12.4.
13. FINAL PROVISIONS
13.1 Unless these Terms and Conditions provide otherwise, the relations not regulated by these Terms and Conditions between the Sellers and the Buyer who is a Consumer shall be governed by the provisions of the Civil Code.
13.2 This version of the Terms and Conditions supersedes all previous versions.
13.3 The Terms and Conditions are published on the E-shop and are also available at all brick-and-mortar stores.
13.4 The Sellers reserve the right to amend the T&Cs by publishing a new version of their parts or a complete new version if there is a change in relevant legislation, if it removes typing or calculation errors, if the amendment of the T&Cs is not to the disadvantage of the Buyer or if it changes or otherwise modifies the rights and obligations of the Seller or the Buyer, as well as for other reasons. The new version of the GTC shall come into force and effect on the thirtieth (30th) calendar day after the date of their due publication, or on the date so indicated when they are published, if this date is later. The Sellers publish the GTC on the E-shop. If Buyer does not agree to a change in the GTC made in accordance with this Section, Buyer shall deliver to Sellers its written disagreement with the new version of the unilaterally changed GTC before such new version of the unilaterally changed GTC becomes effective.
13.5 These Terms and Conditions shall become valid and effective upon their announcement.
RNDr. Vladimír Hanák
Chairman of the Board of Directors