Terms and Conditions
Montanika z.s.
Registered office:
Montanika z.s.
Hledíková 191,
252 42 Jesenice - Osnice
Czech Republic
Identification Number (IČ): 26622751; VAT Number (DIČ): CZ 26622751
Montanika z.s., L 13498/MSPH registered at the Municipal Court in Prague,
I. Introductory Provisions
1.1. These terms and conditions (hereinafter "Terms and Conditions") of Montanika z.s. with its registered office at Hledíková 191, 252 42 Jesenice - Osnice Czech Republic Montanika z.s., L 13498/MSPH registered at the Municipal Court in Prague, Identification Number (IČ): 26622751; VAT Number (DIČ): CZ 26622751 (hereinafter "Seller"), regulate in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter "Purchase Agreement") concluded between the Seller and another individual (hereinafter "Buyer") through the Seller's online store. The online store is operated by the Seller at the web addresses: https://www.jilovskezlatedoly.cz/ .
1.2. Deviations from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviations in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are prepared in Czech. The Purchase Agreement may also be concluded in another language.
1.4. The Seller may change or supplement the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
II. User Account
2.1. Based on the Buyer's registration on the website, the Buyer may access their user account. From their user account, the Buyer can place orders for goods (hereinafter "User Account"). If the website interface allows, the Buyer can also place orders for goods without registration directly from the store's web interface.
2.2. Information provided by the Buyer in the User Account and when ordering goods is considered accurate by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, particularly if the Buyer does not use the User Account for more than 1 year (one year from the date of registration), or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller's hardware and software or necessary maintenance of third-party hardware and software.
III. Conclusion of the Purchase Agreement
3.1. All presentations of goods on the web interface of the store are of an informative nature, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provision of Section 1732, Paragraph 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including prices of individual items and costs of returning goods if the goods cannot be returned by usual postal means due to their nature. Prices of goods include VAT and all related fees. The prices of goods remain valid for as long as they are displayed on the web interface of the store. This provision does not limit the Seller's ability to conclude the Purchase Agreement under individually agreed terms.
3.3. The web interface of the store also contains information about packaging and delivery costs. Information about packaging and delivery costs stated on the web interface of the store applies only when the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer must fill out the order form on the web interface of the store. The order form includes:
3.4.1. Information about the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the web interface of the store),
3.4.2. The method of payment for the purchase price of the goods, details of the requested delivery method for the ordered goods, and
3.4.3. Information about delivery costs (collectively referred to as "Order").
3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), to request the Buyer to confirm the order additionally (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer's email address.
3.8. The Buyer agrees to use remote communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (costs of internet connection, telephone calls) are borne by the Buyer and do not differ from the basic rate.
IV. Price of Goods and Payment Terms
4.1. The price of goods and any delivery costs according to the Purchase Agreement can be paid by the Buyer to the Seller in the following ways:
- In cash (currently unavailable);
- Cash on delivery at a location specified by the Buyer in the order;
- Bank transfer to the Seller's account (account details provided by the Seller, hereinafter "Seller's Account");
- Non-cash payment via a payment system (currently unavailable);
- Non-cash payment via credit card (currently unavailable);
- Through a loan provided by a third party.
(The relevant goods will not be delivered by any of these payment methods or shipped until payment is made!)
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes delivery costs.
4.3. The Seller does not require an advance payment or other similar payment from the Buyer. This does not affect the provisions of Article 4.1 and 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 business days from the conclusion of the Purchase Agreement.
4.5. In the case of non-cash payment, the Buyer is required to pay the purchase price of the goods along with specifying the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. The Seller is entitled, particularly if the Buyer does not confirm the order additionally (Article 3.6), to require payment of the entire purchase price before the goods are dispatched to the Buyer. Section 2119, Paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business practice or if stipulated by generally binding legal regulations, the Seller will issue a tax document - invoice regarding payments made under the Purchase Agreement to the Buyer. The Seller is a VAT payer. The tax document - invoice will be issued to the Buyer by the Seller after the purchase price of the goods has been paid and will be sent electronically to the Buyer's email address.
4.9. According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to record the received payment with the tax administrator online; in the case of a technical outage, no later than within 48 hours.
V. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that according to Section 1837 of the Civil Code, the following contracts cannot be withdrawn from: a contract for the supply of goods that was customized according to the Buyer's wishes or for a specific person, a contract for the supply of goods subject to rapid deterioration, a contract for the supply of goods that has been irreversibly mixed with other goods after delivery, a contract for the supply of goods in a sealed package which the consumer has removed from the package and for hygienic reasons cannot be returned, and a contract for the supply of audio or video recordings or computer programs if the original packaging has been damaged.
5.2. Except for cases referred to in Article 5.1 of the Terms and Conditions or other cases where withdrawal from the Purchase Agreement is not possible, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in accordance with Section 1829, Paragraph 1 of the Civil Code, with the understanding that if the Purchase Agreement involves several types of goods or delivery of several parts, this period runs from the receipt of the last item of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period stated in the previous sentence. The Buyer can send the withdrawal from the Purchase Agreement, among other places, to the Seller's business address or to the Seller's email address at info@triuone.com.
5.3. In the case of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by usual postal means due to their nature.
5.4. In the event of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the seller will return the money received from the buyer within fourteen (14) days from the withdrawal of the purchase agreement by the buyer, using the same payment method as the one used by the seller to receive it. The seller is also entitled to return the performance provided by the buyer already at the time of returning the goods by the buyer or by other means, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obligated to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally offset the claim for damage to the goods against the buyer's claim for the return of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase agreement according to § 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, up until the point when the buyer takes delivery of the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, in cash to an account designated by the buyer.
5.7. If a gift is provided to the buyer along with the goods, the donation agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the donation agreement concerning such a gift becomes ineffective and the buyer is obliged to return the provided gift along with the goods.
VI. Shipping and Delivery of Goods
6.1. If the method of shipping is agreed upon based on the buyer's specific request, the buyer bears the risk and any additional costs associated with this method of shipping.
6.2. If the seller is obligated under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer must accept the goods upon delivery.
6.3. If, due to reasons on the buyer's part, it is necessary to deliver the goods repeatedly or by a different method than stated in the order, the buyer bears the costs associated with the repeated delivery of the goods or the costs associated with delivering the goods by a different method.
6.4. The buyer is obligated to inspect the integrity of the packaging of the goods upon receipt from the carrier and to promptly report any defects to the carrier. In the event of damage to the packaging indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer's rights concerning defects in the goods and other rights according to applicable legal regulations.
6.5. Additional rights and obligations of the parties related to the shipping of goods may be regulated by special delivery conditions issued by the seller, if any.
VII. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding defective performance are governed by the applicable general legal regulations (especially §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller is liable to the buyer that the goods are free from defects upon receipt. Specifically, the seller is liable to the buyer that, at the time the buyer received the goods:
- 7.2.1. the goods have the properties agreed upon by the parties, and if no agreement exists, the goods have the properties described by the seller or the manufacturer or that the buyer expected considering the nature of the goods and based on advertising conducted by them,
- 7.2.2. the goods are suitable for the purpose stated by the seller for their use or for the purpose for which such goods are usually used,
- 7.2.3. the goods correspond in quality or workmanship to a sample or model agreed upon if the quality or workmanship was determined by reference to an agreed sample or model,
- 7.2.4. the goods are in the appropriate quantity, measure, or weight; and
- 7.2.5. the goods meet the requirements of legal regulations.
7.3. If a defect appears within six months of receipt, it is presumed that the goods were defective already at the time of receipt.
7.4. The seller's obligations regarding defective performance are at least to the extent that the manufacturer's obligations regarding defective performance last. Otherwise, the buyer is entitled to assert a defect claim for consumer goods occurring within twenty-four months of receipt. If a period during which the goods can be used is stated on the goods, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions on quality warranty apply. A quality warranty means that the seller commits that the goods will be suitable for their usual purpose or retain usual properties for a certain period. If the buyer legitimately raises a defect claim with the seller,
7.5. The provisions in Article 7.4 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear caused by usual use, to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods. The buyer has no right to defective performance if the buyer knew of the defect before receiving the goods or if the buyer caused the defect.
7.6. Rights from defective performance should be asserted with the seller. However, if a different person designated for repairs is specified in the confirmation issued by the seller regarding the extent of rights from defective performance (according to § 2166 of the Civil Code), and this person is located at the seller's premises or closer to the buyer, the buyer should assert the right to repair with the designated person. Except for cases where a different person is designated for repairs according to the previous sentence, the seller is obligated to accept the complaint at any establishment where accepting complaints is possible concerning the range of goods sold or services provided, including, if applicable, the seller's registered office or place of business. The seller is obligated to provide the buyer with a written confirmation of when the buyer asserted the right, what the complaint is about, and what method of handling the complaint the buyer requests; additionally, a confirmation of the date and method of handling the complaint, including confirmation of the repair performed and the duration of the repair, or a written reason for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
7.7. The buyer may assert their rights from defective performance, particularly at the address: TMontanika z.s., with registered office: Hledíková 191, 252 42 Jesenice - Osnice, Czech Republic or by e-mail at montanika@seznam.cz .
7.8. The buyer shall inform the seller of which right they have chosen when notifying the defect or without undue delay after notifying the defect. The choice made cannot be changed by the buyer without the seller's consent; this does not apply if the buyer requested a repair of a defect that turns out to be irreparable.
7.9. If the goods do not have the properties specified in Article 7.2 of the terms and conditions, the buyer may also request the delivery of new goods without defects, if this is not unreasonable given the nature of the defect. If the defect concerns only a part of the goods, the buyer may request only the replacement of the part; if this is not possible, the buyer may withdraw from the contract. However, if it is unreasonable given the nature of the defect, especially if the defect can be removed without undue delay, the buyer is entitled to a free repair of the defect. The right to delivery of new goods or replacement of a part also applies in the case of a removable defect if the buyer cannot properly use the goods due to repeated occurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not assert the right to delivery of new goods without defects, replacement of its part, or repair of the goods, they may request a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace the part of the goods, or repair the goods, or if the seller does not remove the defect within a reasonable time or if this would cause significant difficulties for the buyer in removing the defect.
7.10. Those who have the right according to § 1923 of the Civil Code also have the right to compensation for costs reasonably incurred in asserting this right. However, if the seller does not assert the right to compensation within one month after the expiration of the period within which the defect should be raised, the court will not grant the right if the seller argues that the right to compensation was not asserted in time.
7.11. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
VIII. Additional Rights and Obligations of the Parties
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct within the meaning of § 1826 (1) (e) of the Civil Code.
8.3. The seller handles consumer complaints via email. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
8.4. The relevant authority for disputes is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, with the website: https://www.coi.cz. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase agreement.
8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, with the website https://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution).
8.6. The seller is authorized to sell goods based on a trade license. Trade oversight is conducted by the relevant trade office within its scope of authority. Personal data protection is overseen by the Office for Personal Data Protection. The Czech Trade Inspection Authority also oversees compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The buyer assumes the risk of change in circumstances according to § 1765 (2) of the Civil Code.
IX. Protection of Personal Data
9.1. The seller will fulfill its information obligations to the buyer under Article 13 of Regulation (EU) 2016/679 on the protection of individuals 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) (hereinafter "GDPR") regarding the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, negotiating the purchase agreement, and fulfilling the seller's public obligations in a separate document.
X. Marketing Consent
10.1. The buyer agrees, in accordance with § 7 (2) of Act No. 480/2004 Coll., on Certain Information Society Services and Amending Certain Acts (Act on Certain Information Society Services), as amended, to receive commercial communications from the seller to the buyer's email address or phone number. The seller will fulfill its information obligations to the buyer under Article 13 GDPR related to processing the buyer's personal data for sending commercial communications in a separate document.
10.2. The buyer consents to the storage of cookies on their computer. If a purchase on the website can be completed and the seller's obligations under the purchase agreement can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw consent to cookies at any time.
XI. Sending, Communication, and Cookies Storage
11.1. Communications with the buyer may be sent to the buyer's email address.
XII. Final Provisions
12.1. If the relationship established by the purchase agreement involves an international (foreign) element, the parties agree that the relationship will be governed by Czech law. The choice of law in the previous sentence does not deprive the consumer buyer of protection afforded by mandatory legal provisions that would otherwise apply in the absence of a choice of law, according to Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, it will be replaced by a provision that most closely reflects the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
12.3. The purchase agreement, including these terms and conditions, is archived electronically by the seller and is not accessible.
12.4. Seller's contact details: delivery address, email address as mentioned above.
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