TERMS AND CONDITIONS
Eva Brzobohatá
ID: 08912688
with registered office at Kotlářská 912/29, Brno, 602 00
PREAMBLE
These general terms and conditions (hereinafter also referred to as "GTC") apply to purchases in the online store https://evabrzo.com/, operated by Eva Brzobohatá, ID: 08912688, with registered office at Kotlářská 912/29, Brno, 60200. These GTC regulate the relationship between the Buyer and the Seller in the sale of goods between Eva Brzobohatá, ID: 08912688, with registered office at Kotlářská 912/29, Brno, 60200 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer"). All contractual relationships are concluded in accordance with the legal order of the Czech Republic. By placing an order, the Buyer confirms that they have read these terms and conditions, which include the complaint procedure, and agrees to them. The Buyer has been sufficiently informed about these terms and conditions before placing the order and has the opportunity to familiarize themselves with them.
DEFINITIONS
SELLER
The Seller is Eva Brzobohatá , ID: , with registered office at Kotlářská 912/29, Brno, 602 00.
BUYER
The Buyer is a consumer or entrepreneur. A consumer is a natural person who, when concluding and fulfilling a purchase contract with the Seller, does not act within the scope of their business or other entrepreneurial activity or within the framework of their independent professional activity. When initiating business relations, the consumer provides the Seller only with their contact details necessary for the smooth processing of the order, or any data they wish to have included on purchase documents. The legal relationships of the Seller with the consumer, not expressly regulated by these GTC, are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations. An entrepreneur is defined as: a person registered in the Commercial Register (primarily business companies), a person conducting business on the basis of a trade license (a trader registered in the trade register), a person conducting business on the basis of a license other than a trade license under special regulations (this includes, for example, liberal professions such as advocacy, etc.), and a person engaged in agricultural production registered in the register according to a special regulation. The legal relationships of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and related regulations. An individual Contract of the Seller with the Buyer takes precedence over the terms and conditions.
PURCHASE CONTRACT
An order is a proposal for a purchase contract, which arises at the moment of receipt of the purchased goods by the Buyer. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. The Seller is not obliged to conclude a purchase contract with persons who have previously substantially violated their obligations towards the Seller. The prices stated are in CZK and are final.
PROCESSING OF PERSONAL DATA
All handling of personal data of Buyers is governed by Czech laws. By their free decision (by pressing the Send Order button), the Buyer indicates that they are aware of all the above-mentioned facts and agree to further processing of their personal data for the purposes of the business activities of the operator of this e-shop. The Seller does not transfer personal data to any other person. An exception is external carriers to whom customer personal data is transferred to the extent necessary for the delivery of goods. Providing personal data is voluntary; the Buyer has the right to access their data and is entitled to the protection of rights as provided by law. This consent can be revoked by the Buyer at any time in writing. Personal data is fully protected against misuse. The controller of personal data provided for the purpose of fulfilling the subject matter of the contract is the Seller. If the Buyer wishes to correct personal data processed by the Seller, they may request this at the email address contact@evabrzo.com.
The Buyer acknowledges that, for the purpose of concluding the purchase contract, its subsequent fulfillment (order processing, production, and delivery of goods), and any resolution of rights arising from defective performance (complaints), the data controller will process and store their personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR), in the following scope: name, surname, address, email, and telephone number (optionally, additional data to be processed - payment details, etc.).
The legal basis for the processing of personal data is, in accordance with Article 6, (1)(b) of the GDPR, the performance of the contract, with the Buyer being a party to the contract.
Categories of recipients of personal data
The controller undertakes not to provide the buyer's personal data to other entities than the following processors:
a) contractual carrier, selected by the buyer in the order form, for the purpose of delivering the goods, whereby the data will be provided to the following extent: name, surname, address, email, telephone number; Storage period
Personal data will be stored by the controller for the time necessary to fulfill the contract (order processing, warehousing, and delivery of goods), and furthermore for the statutory warranty period (24 months from the receipt of the goods) or for the period of the provided contractual warranty.
The Buyer acknowledges that the controller is obliged under § 31 of the Accounting Act (No. 593/1991 Coll.) to retain accounting documents and accounting records (invoices) for a period of 5 years from the end of the accounting period to which they relate (meaning, if you purchase goods during the year 2020, the invoice must be kept until the end of 2025). The controller also has an obligation arising from § 47 of the Tax and Fees Administration Act (No. 337/1992 Coll.) to keep the invoice for a period of 3 years from the end of the taxable period in which the tax liability related to the invoice arose (meaning, if you purchase goods during the year 2020, the invoice for tax purposes must be kept until the end of 2023). The invoice contains the following personal data: name, surname, and address.
The Buyer also acknowledges that the controller is obliged under § 35 of the Value Added Tax Act (No. 235/2004 Coll.) to keep tax documents for a period of 10 years from the end of the taxable period in which the performance took place (meaning, if you purchase goods during the year 2020, the invoice must be kept until the end of 2030). The tax document contains the following personal data: name, surname, and address.
Rights of the Buyer regarding personal data
The Buyer further acknowledges that, according to Articles 15 to 21 of the GDPR, they have the right:
a) to access personal data, which consists of the right to obtain from the controller confirmation as to whether personal data concerning them are being processed, and if so, the right to access such personal data and the information specified in Article 15 of the GDPR;
b) to rectify inaccurate personal data concerning them, and taking into account the purposes of the processing, the buyer has the right to complete incomplete personal data, including by providing an additional statement pursuant to Article 16 of the GDPR;
c) to erasure ("right to be forgotten"), which consists of the controller erasing, without undue delay, personal data concerning the buyer when they are no longer necessary for the purposes of the contract performance, unless there is another legal ground for their further processing;
d) to restrict the processing of personal data in cases defined in Article 18 of the GDPR;
e) to data portability under the conditions of Article 20 of the GDPR;
f) to object to the processing of personal data under Article 21 of the GDPR.
The controller shall provide the buyer, upon request, with information about the measures taken within one month of receiving the request.
In case of doubts regarding the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and lodge a complaint with them.
ORDER AND CONTRACT CONCLUSION
The Buyer is entitled to send an order to the Seller only through the e-shop ordering system. The proposal for concluding a purchase contract is the placement of the offered goods by the Seller on the website, and the purchase contract is concluded by the Buyer sending the order and the Seller accepting the order. The Seller will promptly confirm this acceptance to the Buyer by an informative email to the provided email address; however, this confirmation does not affect the formation of the Contract. The concluded Contract (including the agreed price) can only be amended or canceled by agreement of the parties or based on legal grounds. These Terms and Conditions are drawn up in the Czech language, and the purchase contract can also be concluded only in the Czech language. A consumer who has a permanent residence in a European Union member state outside the territory of the Czech Republic, or who is a citizen of an EU member state outside the territory of the Czech Republic, agrees to conclude a purchase contract in the Czech language by confirming the order. After the purchase contract is concluded, it is not possible to ascertain whether errors occurred during data processing before submitting the order or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request for a period of 5 years from the date of its signing.
PRICE AND PAYMENT
The offers and prices stated on the seller's e-shop are contractual, final, always current, and valid for the period during which they are offered by the Seller in the online store. The shipping costs are stated in the "Delivery time and delivery conditions" section. The Buyer bears the costs of using distance communication means. The final calculated price after filling out the order form is already inclusive of shipping. The price stated at the time of ordering by the Buyer applies as the price upon conclusion of the Contract between the Seller and the Buyer. The tax document based on the Purchase Contract between the Seller and the Buyer also serves as a delivery note. The Buyer can take over the goods only after their full payment unless otherwise agreed. In the event that the Buyer makes payment and the Seller subsequently cannot ensure the delivery of the goods, the Seller will promptly refund the payment to the Buyer in the agreed manner. The deadline for refunding the funds expended depends on the chosen method of refund, but must not exceed 30 days from the moment this impossibility arises. The goods remain the property of the seller until fully paid.
The Seller accepts the following payment terms:
Online card payment
Online bank transfer
The maturity date for payment by invoice is 14 days from the date of issuance, unless otherwise agreed by the contracting parties, with the Buyer being obliged to settle the amount so that it is credited to the Seller's account on the due date of the invoice; otherwise, the Buyer will be in default.
DELIVERY TIME AND DELIVERY CONDITIONS
The Seller fulfills the delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the carrier, thereby transferring the risk of damage to the goods to the Buyer. The availability of the product is always stated in the detail of the respective product. The delivery time depends on the availability of the product, payment terms, and delivery conditions and is a maximum of 30 days. Goods in stock are dispatched within 3 working days from the payment of the full purchase price, i.e., from the crediting of the relevant amount to the Seller's account. For goods on order, the delivery time depends on the information provided in the product detail after payment of the full purchase price, i.e., from the crediting of the relevant amount to the Seller's account. Along with the shipment, the Buyer will receive a tax document/invoice. Goods are sent as valuable mail or EMS via the Czech Post, Zásilkovna or Packeta according to Buyers address.
GUARANTEE AND SERVICE
The warranty period for consumer goods is 24 months. If a specific period for the use of the item is indicated on the sold item, its packaging, or the attached instructions in accordance with special legal regulations, the warranty period ends upon the expiry of this period. The warranty does not apply to wear and tear of the item caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which the lower price was agreed upon. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had upon receipt by the buyer. In accordance with applicable Czech law, the Buyer, who is a business entity and purchases goods in connection with business activities, is not provided with a warranty for goods beyond the general liability of the Seller for defects in the goods upon delivery. Buyers who are business entities and purchase goods in connection with their business activities are provided with a warranty period of 12 months. To claim warranty repair, a invoice must be presented. When sending goods to the Seller, the goods must be packaged for transport in such a way as to prevent damage during transport. The Seller provides the Buyer with post-warranty service. The repaired goods will be sent to the Buyer via the Czech Post, with a postage fee of CZK 100 being charged for the repair.
CLAIMS
The warranty period is 24 months for individuals and 12 months for legal entities. The invoice serves as a warranty certificate. The warranty does not cover wear and tear of the goods caused by their use. The Buyer is obliged to assert a claim immediately after the defect arises. In the case of a proven manufacturing defect, the Buyer has the right to repair or exchange the goods. Claims do not apply in cases where the defect or damage has clearly arisen from incorrect use, in violation of the instructions for use, or other incorrect actions of the Buyer, and from proven unauthorized interventions into the goods, and for defects that have arisen from normal wear and tear of consumer goods. For goods damaged in this way, the Seller may agree to repair the goods for an agreed fee if repair is possible. The Buyer must send the claimed goods properly packaged to prevent damage during transport. The costs associated with sending the claimed goods to us are borne by the Buyer. In the event of a positive resolution of the claim, the repaired or replaced goods will be sent back to the customer at the expense of the Seller. The maximum time for processing a claim is legally set at 30 days.
CONTRACT TERMINATION
Due to the nature of concluding a purchase contract through distance communication, the Buyer, who is a consumer, has the right to withdraw from this contract without any penalty within a period of 14 days from the receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the contract in accordance with § 53 par. 7 and 8 of Act No. 40/1964 Coll., Civil Code, as amended. The above does not apply to the Buyer who is a business entity and concludes a purchase contract in connection with their business activities. Furthermore, the above does not apply to goods that have been custom-made.
In the event of the above withdrawal from the contract, the Seller will transfer the purchase price to the Buyer's bank account, which the Buyer will communicate to the Seller for this purpose, and return the purchased goods to the Seller. The Seller has the right to withdraw from the contract if the Buyer does not pay the full purchase price within 30 days from the date of conclusion of the purchase contract. In the event of returning the goods to the Seller within 14 days, the Buyer bears the postage costs.
FINAL PROVISIONS
The Buyer shall enable the Seller to fulfill obligations in accordance with the Offer/Contract, for which the Buyer shall provide all necessary cooperation. The Buyer undertakes to reimburse all costs incurred by the Seller in sending reminders and costs associated with the collection of any claims. The Buyer acknowledges that the Seller is entitled to assign its claim from the Contract to a third party. The Buyer shall promptly inform the Seller of any changes to their identification details, no later than 5 working days from the date such change occurred. The parties undertake to make maximum efforts to amicably resolve all disputes arising from the Contract and/or Terms and Conditions or in connection with them. The mutual contractual relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as "Rome I"), they have chosen the applicable law for the purchase Contract and these Terms and Conditions to be Czech law, excluding the use of the "United Nations Convention on Contracts for the International Sale of Goods." This choice does not affect Article VI of Rome I, concerning consumer contracts. If any provision of the Contract and/or Terms and Conditions is or becomes invalid or unenforceable, this will not affect (to the extent permitted by law) the validity and enforceability of the remaining provisions of the Contract and/or Terms and Conditions. In such cases, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that has the closest meaning and effect permissible under the law, as if it were the intention of the provision to be replaced. For legal prudence, the parties hereby declare that for cases of contracting with an international element for any disputes (except disputes where exclusive jurisdiction is given to the arbitrator and/or in connection with them) or for cases where a court decision would find that there is no jurisdiction for the arbitrator under this Article of the Terms and Conditions, in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, establishing the exclusive jurisdiction of the municipal court for the resolution of all future disputes arising from the Contract and/or Terms and Conditions or in connection with them. Likewise, the parties hereby establish for all disputes in connection with the Contract and Terms and Conditions (except disputes where exclusive jurisdiction is given to the arbitrator and/or in connection with them) the exclusive jurisdiction of the municipal court in . These Terms and Conditions become valid and effective on 25.3.2020 and are also available on the Seller's website. The Seller is entitled to amend these Terms and Conditions at any time. These Terms and Conditions cease to be valid and effective on the date of entry into force of subsequent Terms and Conditions.
GOLD OR SILVER SALES CLAUSE
Except where withdrawal from the contract is expressly agreed, the Buyer-consumer cannot withdraw from the contract of sale of gold or silver without giving a reason, as the price of this merchandise depends on fluctuations in the financial market independently of the will of the supplier, all in accordance with § 53 para. 8 of Act No. 40/1964 Coll., the Civil Code, as amended. The seller is registered with the Assay Office, registration number: 14354/4 - Brzobohatá Eva
Currently used Czech hallmark for gold, silver, and platinum merchandise available at http://www.puncovniurad.cz/cz/znacky.aspx.
The seller has a production brand:
