General Terms and Conditions of Antique Cinolter s.r.o., Business ID No.: 28194608, with its registered office at Maiselova 57/9, Josefov, 110 00 Prague 1
- Introductory provisions
- These General Terms and Conditions (hereinafter referred to as the "GTC") are valid for purchase at http://www.antiquesprague.cz, operated by Antique Cinolter s.r.o., Business ID No.: 28194608, with registered office at Maiselova 57/9, Josefov, 110 00 Prague 1, maintained in the District Court of the City Court in Section C, File 132001 (hereinafter referred to as the "Seller").
- The buyer is a consumer or an entrepreneur. If a consumer is the Party, the relations not governed by these GTC are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). In case the Buyer is not a consumer, the provisions of § 1812 - 1867 of the Civil Code shall not apply.
- By submitting the order, the Buyer confirms that they have become familiar with these GTC and agree with them.
- Personal data processing
- The Buyer’s personal data protection is ensured in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and by Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to personal data processing and on the free movement of such data and the repeal of Directive 95/46/EC (General Regulation on the Personal Data Protection) (hereinafter referred to as the "GDPR Regulation").
- For the purpose of the Purchase Agreement and for the purposes of maintaining the User Account the Buyer agrees with processing the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number and bank account number, if provided.
- The Seller undertakes to protect all personal data. Without express consent, they shall not pass it on to a third party unless it is necessary to fulfil their contractual obligations.
- The Seller further processes the Buyer's data ascertained on the basis of their identification and possible control, the reason being to prevent the legalisation of proceeds from crime and the financing of terrorism, in accordance with Act No. 253/2008 Coll., On Certain Measures against the Legalisation of Proceeds from crime and terrorist financing. The scope of the data is given by the relevant Buyer identification and review form. The legal basis is fulfilment of legal obligations. In the event that the Buyer refuses to provide the requested personal data on the basis of this legal requirement, the transaction will not be executed. Another Financial Revenue Authority or the Czech Trade Inspection Authority may be another beneficiary. Storage lasts for this purpose:
- for a period of 5 years if the transaction’s value is lower than 10,000 EURO; and
- in other cases for 10 years from the transaction date. During this time, all forms and other documents obtained on the basis of identification and possible control will be deposited in the giving trade file and in lockable restricted access sections (only relevant staff and members of the Seller's authorities). After this time, all of these documents will be shredded.
- The Seller is the Personal Data Manager.
- The Seller does not collect or process sensitive data.
- The Seller did not appoint a Data Protection Officer because they are not a public authority or a public body but the main activities do not consist of processing operations requiring extensive regular and systematic monitoring of persons or extensive processing of specific categories of data.
- The Seller processes personal data by their own means, using mechanical, electronic and organisational security means for its protection, electronically in an automated way or in a printed form in a non-automated manner, automatic individual decision-making does not take place.
- The Seller does not intend to transfer personal data to a third country (non-EU country) or international organisation, with any exceptions listed in this document.
- Subject to the GDPR Regulation provisions, the entity has the right to request from the Seller access to their personal data, the right to rectify or erase their personal data, or to restrict their processing, the right to object to processing personal data, and the right to the portability of their personal data.
- The Buyer is not obliged to provide their personal data for the purpose of sending commercial communications and it is not a condition for the Agreement’s conclusion.
- If the Buyer expressly agrees to the personal data processing provided for the purposes of sending commercial communications and for the purposes of other direct marketing activities, the following rules apply to the personal data provided so:
- In addition to legitimate reasons (in particular, bookkeeping and warranty on goods sold), personal data are provided in particular for the purpose of sending business communications and informing on various events organised or co-organised by the Seller; in the case of personal data provided for the purpose of distributing commercial communications, the Seller may in particular monitor the delivery and opening of emails sent, record participation in events organised by the Seller, and monitor the activity of the personal data entity on the Seller's website, and may link all personal data to legally disclosed personal data disclosure of the personal data entity in publicly accessible sources, personal data entities and personal data to be linked to logical units and profiling on their basis personal data entities;
- contact details are processed in the scope of name and surname, telephone and email connection, identification of accounts on social networks;
- the legal basis is the consent of data entities (i.e. recipients of the commercial communications);
- the period for which the personal data will be stored by the Seller is determined by the consent granted or the data’s timeliness (for example, its repair), otherwise not more than 25 years;
- At any time, the Buyer has the right to object to personal data processing for the purposes of direct marketing, including profiling.
- The data entity may withdraw their consent at any time in the same or equally simple manner as previously agreed and the Seller shall allow that. Specific tools will be given for each consent on how the data entities can revoke it, allowing it to be sent by e-mail. Revocation of consent does not affect the lawfulness of personal data processing that has been processed between the grant of consent and its revocation. Seller will have proof of this fact (written or electronic) throughout the grant of consent. If the data entity issues the consent, any contact details that the Seller will not process for any other reason (such as the bidders' registration) will be irrevocably erased or anonymised. The refusal to send the message is free of charge, except for telecommunication costs.
- MailChimp: The Seller may use the MailChimp tool for certain marketing services while any personal data transferred to the USA for processing is handed over to the processor with whom the Seller has entered into a processing agreement and has committed to complying with the Privacy Shield as a special tool for creating the appropriate guarantees under Article 46 of the GDPR Regulation to ensure that the level of protection of individuals guaranteed by the GDPR Regulation is not impaired.
- Order and conclusion of the Agreement
- The Buyer orders goods from the Seller through the e-shop ordering system.
- The proposal for the conclusion of the purchase agreement is the placement of offered goods by the Seller on the site, the purchase agreement is based on the submitted order when the Seller unconditionally confirms it in the same way as the order was delivered to them (without the order confirmation the agreement is not concluded, the order confirmation is informative).
- The Buyer agrees to use remote means of communication when concluding the purchase agreement. Costs incurred when using distance means of communication in connection with the agreement’s conclusion (costs of internet connection, telephone call costs) are borne by the Buyer themselves, while these costs do not differ from the basic rate.
- The Buyer can place an order using their registered or non-registered user account.
- If the Buyer establishes a user account, the data in the user account is considered correct. The user account is secured by a user name and password that the Buyer is required to protect and must not allow the use of the user account to third parties. The Buyer may cancel the user account, especially if the Buyer does not use their user account for a longer period of time, or if the Buyer breaches their obligations. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software, or necessary third-party’s hardware and software maintenance.
- Price and payment
- Prices are contractual, final, always up-to-date and valid, for as long as they are offered by the Seller in the online store. Usually shipping costs are shown separately, as well as any costs for packaging and insurance. Costs for the use of their means of communication at a distance are borne by the Buyer.
- In the event that the Buyer makes a payment and the Seller is subsequently unable to secure the Goods delivery, the Seller shall immediately return the performance to the Buyer in the agreed manner.
- The Seller accepts the following payment terms: cash or card on personal collection, prepayment, Cash on Delivery.
- Goods remains the Seller's property until its fully paid for.
- Depending on the payment method, the Seller does not require any fees. Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, they are required to register the received revenue with the tax administrator online; in the event of a technical outage, at the latest within 48 hours.
- Delivery time and delivery terms
- The Seller delivers the goods either personally to their premises or via the Czech Post Office.
- The Seller shall perform the delivery of goods by handing the goods to Buyer or by handing the goods to the first carrier, thereby also transferring the Buyer's risk of damage to the goods. Product availability is always shown in detail on this product.
- Delivery time depends on product availability, payment terms and delivery conditions; in normal cases, we ship the goods within 5 business days of payment of the full purchase price. The delivery deadline is always given in the email confirming the order. The delivery does not include the purchased goods installation.
- In the event of goods being exchanged within 14 days of purchase of goods, the Buyer shall be charged the cost of the postage, each time the goods are dispatched to the Buyer.
- In the event of return of the goods by the Buyer to the Seller within 14 days, the Buyer shall pay the postage.
- In the case of sending the goods back to the Buyer, the goods shall be packed for transportation in such a way as to avoid damage during transport, the risk of damage shall be borne by the Seller, it is therefore in their interest to insure the shipment at their own expense (if they wish to avoid the cost of the insurance and packaging, the Seller is ready to take over the goods at their premises).
- Warranty and service, claim rules
- When selling consumer goods, the warranty period is 24 months.
- If the item is used, the Seller is not liable for defects corresponding to the degree of use or wear and tear that the item has during take-over upon by the Buyer, and the period for claiming the rights of defective performance is shortened to 12 months.
- The Buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the receipt. This does not apply to things sold at a lower price for a defect for which a lower price has been agreed, the wear and tear of an item caused by its usual use, the item used for a defect corresponding to the degree of use or wear and tear that the item had during its take-over by the Buyer or if it’s assumed from the nature of the item.
- If the goods have a defect, the Buyer may also require the delivery of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect relates only to part of the thing, the Buyer may only require replacement of the part; if this is not possible, they can withdraw from the agreement. If, however, due to the nature of the defect, it is disproportionate, in particular if the defect can be remedied without undue delay, the Buyer has the right to free removal of the defect. The right of delivery of a new item or replacement of the part belongs to the Buyer even if a defect can be remedied if the item cannot be properly used for repeated defects after repair or for more defects. In such a case, the Buyer has the right to withdraw from the agreement. If the Purchaser does not withdraw from the agreement or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, it may require a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver a new thing without defects, replace its part or repair it, as well as if the Seller fails to remedy within a reasonable time or that the remedy for the Buyer would cause serious difficulties.
- The right from the defective performance does not belong to the Buyer if the Buyer knew the matter was defective before taking over the item or if the Buyer caused the defect themselves.
- The Buyer who is an entrepreneur and buys the goods in connection with a business is not provided with a warranty on goods beyond the Seller's general liability for defects in the goods when handed over.
- The claim may be implemented the Seller in all their premises.
- Agreement termination
- Considering the nature of the purchase agreement by means of distance communication, the Buyer who is the consumer has the right to withdraw from this agreement without any sanction within 14 days of receipt of the goods.
- In the event of withdrawal, the consumer shall bear the cost of returning the goods if, by their nature, such goods cannot be returned by customary means of transport (in particular, the cost of safe packaging of art items and for insurance).
- In the case of the above-mentioned withdrawal, the Buyer shall send the purchase price to the Buyer's bank account, which shall be communicated by the Buyer to the Seller upon return of the purchased goods in the original, perfect condition (for verification, the Seller shall take photographs and other evidence, the goods were sent to the Buyer).
- Clause on the sale of gold or silver: Except when the withdrawal is expressly agreed, without giving any reason, the Buyer-consumer cannot withdraw from the agreement of sale of gold or silver as a financial service, since the price of such goods depends on movements in prices on the financial markets, which the Seller cannot influence, such as services for foreign exchange and investment instruments.
- The Seller has the right to withdraw from the agreement in the event that the Buyer fails to pay the full amount of the purchase price within 30 days of the purchase agreement’s date.
- Special conditions governing the rights and obligations of consumers
- Information Obligation: If the Buyer is a consumer within the meaning of the relevant legal definitions, the Seller has provided the following information before the agreement’s conclusion:
- Seller's identity is stated in the initial GTC, telephone number and e-mail delivery address are as follows: tel.: (+420) 222 319 816, email: email@example.com
- The price, including all taxes and fees: the price is set by the Seller's pricelist, which is an integral part of the agreement, the Seller is the VAT payer;
- Data on rights arising from defective performance, as well as rights of guarantee and other conditions for the exercise of these rights are set out in Article 8 of these GTC;
- Indication of the duration of the obligation: the obligations under the agreement are maintained until their fulfilment.
- Conclusion of a contractual relationship in a distance manner: the Buyer agrees to use remote means of communication when entering into an agreement. In the event that the agreement is concluded on a distance or off-premises basis, the following information shall be provided by the Seller:
- the cost of means of distance communication when it differs from the basic rate: the cost of means of distance communication is determined by bodies providing distance communication services and does not differ from the basic rate;
- indication of any obligation to pay a deposit or similar payment: deposit for the agreement’s conclusion is not required;
- information on the existence, manner and conditions of out-of-court settlement of consumer complaints: the Czech Commercial Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID Business No.: 000 20 869, http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes. Out-of-court settlement of a consumer dispute is initiated only at the consumer's request, only if the dispute has not been resolved directly. The proposal may be filed not later than one year after the consumer has exercised their right, which is the subject of the dispute, at the Seller for the first time. The consumer has the right to open an out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/
- Trade Licencing Check is carried out within the scope of its competence by the relevant Trade Licencing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection;
- The Buyer declares that they had the opportunity to get acquainted with this information and GTC in good time and that they have been given a withdrawal form;
- The Buyer acknowledges that the Seller has taken all reasonable measures to prevent the transmission of viruses in connection with the sending of documents (including attached files) by email. The Seller is not responsible for the document delivery (including enclosed files) to a person other than the addressee, as well as for the deletion or non-delivery of documents (including enclosed files) due to a failure of electronic communication when sending documents by e-mail. The Seller is not liable for the security of electronic communications and accepts no liability for any loss or damage.
- Model withdrawal form (complete this form and send it back only if you wish to withdraw from the agreement):
Model form for withdrawal from the agreement
Notice of withdrawal from the agreement:
Recipient: Antique Cinolter s.r.o., Business ID No.: 28194608, registered office at Maiselova 57/9, Josefov, 110 00 Prague 1
I hereby declare (*) that I am/we are withdrawing (*) from ................ (*)
Date of purchase (*) / date of receipt (*)
Name and surname of consumer(s)
Address of consumer(s)
Signature of consumer(s) and date (only if this form is sent in paper form)
(*) Delete as appropriate or complete the data.
- Information Obligation: If the Buyer is a consumer within the meaning of the relevant legal definitions, the Seller has provided the following information before the agreement’s conclusion:
- Final Provisions
- The Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The conditions are an integral part of the agreement, in accordance with the provisions of §1751 of the Civil Code.
- The Buyer takes on the risk of changing circumstances in accordance with § 1765 of the Civil Code.
- The Contracting Parties shall exclude the following provisions of the Civil Code from this Agreement: § 557, § 1740 par. 3, § 1764 to 1766, § 1793 to 1795, § 1799, § 1800, § 1805 par. 2, § 2620 to § 2622.
- Rights arising from an agreement or its breach shall be statute-barred within two (2) years from the date on which the right may be exercised for the first time.
- The Parties expressly exclude the application of the United Nations Convention on the International Sale of Goods (Vienna Convention, 1980).
- The Buyer confirms to be aware of the following important arrangements contained in these Terms and Conditions that they understand all of these arrangements and expressly accepts these terms: (i) a shorter maturity, (ii) an entitlement to set off any receivables, (iii) right limitation of the Buyer for the defect compensation, (iv) the exclusion of the protection clauses relating to the adhesion agreement regime, the exclusion of the interpretation to the detriment of the petitioner and the exclusion of the default interest rate limit; (v) the assumption of the risk of changing the circumstances of the Buyer.
- 8. The Buyer acknowledges that the Seller is entitled to assign their claim from the agreement to a third party.
- 9. The Contracting Parties hereby establish the exclusive jurisdiction of the Municipal Court in Prague for all disputes in connection with the agreement and the GTC (with the exception of disputes to which the exclusive jurisdiction of the Arbitrator is and / or in connection therewith).
- 10. These GTC become valid and effective on October 1st, 2018 and are also available on the Seller's website. The Seller is authorised to change these GTC at any time. The GTC will then cease to be effective on the date of entry into force of later GTC.