23.20
1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of Goldfinger porcelán v.o.s., 616 00 Brno, Štursova 34, ID No.: 253 95 335; VAT No.: CZ253 95 33 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with the conclusion of a purchase contract (hereinafter referred to as the "Purchase Contract") between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at the internet address www.modernista.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession. For relations with such purchasers of goods, the rules contained in the General Terms and Conditions applicable to entrepreneurs shall apply.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English. The Purchase Contract can only be concluded in Czech and English.
1.5 The Buyer is obliged to familiarize himself with these Terms and Conditions of the Seller. By placing an order, the Buyer accepts these terms and conditions and agrees to their content.
2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than a year or immediately if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.5 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. The order is a proposal to conclude a purchase contract.
3.2 The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all other taxes and charges. However, the prices of the goods do not include the costs associated with the delivery of the goods (postage, freight). The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on packaging and delivery costs. The price of the goods does not include the costs associated with the delivery of the goods.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
- ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
Correctly filling in the contact details is a condition for concluding the purchase contract. In particular, if the e-mail address is incorrect, the seller will not confirm the acceptance of the order and the buyer is obliged to correct this information properly.
3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the relevant order button. The data provided in the order is considered correct by the Seller. By properly completing and submitting the order, the Buyer confirms, among other things, acceptance of these Terms and Conditions and the data and consents contained therein. The Seller will confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address indicated in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address"). If the ordered goods are out of stock or it is not possible to meet the stated delivery date or for any other reason it is not possible to accept the order, the Buyer will be informed of this fact via the Buyer's e-mail address.
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing, by phone, SMS or double verification).
3.7 The conclusion of the purchase contract between the Seller and the Buyer occurs by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's registered office listed on the Seller's website
- in cash on delivery at the place specified by the buyer in the order;
- by wire transfer to the Seller's account No.: 2000096400/2010, maintained at Fio Bank, or to another account of the Seller (hereinafter referred to as the "Seller's account");
- cashless by credit card;
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance, nor to the case where the Buyer has chosen as a payment method for payment of the purchase price a wire transfer to the Seller's account or by credit card.
4.4 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within five working days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.6 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply. Similarly, if the buyer has chosen as a payment method for payment of the purchase price a wire transfer to the seller's account or by credit card, the goods will be shipped only after the purchase price has been credited to the seller's account.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8.If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made on the basis of the Purchase Contract. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person.
5.2 Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the e-mail eshop@modernista.cz in the text of which he shall indicate "I hereby withdraw from the contract for the purchase of these goods: ....., order number ..........". The Buyer may also send the withdrawal from the Purchase Contract by correspondence to the Seller's business address or to the Seller's electronic mail address indicated in the contact details in Article 12 of the Terms and Conditions (hereinafter referred to as the "Seller's electronic address").
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days from the moment of withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4 However, the provision on the possibility of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions cannot be understood as the possibility of free loan of goods. In the event of exercising this right of withdrawal, the Buyer must hand over to the Seller everything he has received under the Purchase Contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the buyer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are only partially damaged, the seller can claim damages from the buyer. The buyer is also liable for any diminution in the value of the goods resulting from handling the goods in a manner different from that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality.
5.5 In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. If the Buyer provides a bank account in the notice of withdrawal, the Seller shall return the funds to the bank account provided by the Buyer.
The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.6 The Seller is entitled to unilaterally set off against the Buyer's claim for reimbursement of the purchase price a claim for payment of damage to the goods or other claims against the Buyer, unless their set-off is excluded by law.
5.7 Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract at any time for serious operational reasons (e.g. sudden lack of capacity of the required goods, etc.). In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract according to Article 5.2 of the Terms and Conditions, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the goods.
6.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
7.2 Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure, which is an integral part of these Terms and Conditions.
8.1 The buyer acquires ownership of the goods at the moment of receipt of the goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The out-of-court handling of consumer complaints is provided by the Seller via the Seller's electronic address. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.1 The terms and conditions for the protection of personal data of the buyer who is a natural person can be found here.
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
11.1 The Buyer may be delivered to the Buyer's electronic address or to the notified postal address.
12.1 Relationships not regulated by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
12.2 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. If you are a consumer and the provisions of the law of the state of your habitual residence, which cannot be derogated from contractually, provide you with a higher level of protection than the Czech law, you are granted this higher level of protection in the legal relationship.
12.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4 The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12.5 Contact details of the Seller: delivery address: goldfinger porcelán v.o.s. 616 00, Brno-Komín, Štursova 34, email: eshop@modernista.cz
12.6 Every consumer has the right to out-of-court dispute resolution (ADR) of consumer disputes arising from a purchase or service contract. A complete list of out-of-court dispute resolution bodies will be maintained by the Ministry of Industry and Trade: www.mpo.cz/cz/ochrana-spotrebitele/mimosoudni-reseni/. In most cases, the Czech Trade Inspection Authority is the supervisory authority: www.coi.cz.
12.7 These Terms and Conditions shall take effect on the date of their publication on the Website and shall apply, as amended, to all orders placed on or after that date. The Seller reserves the right to amend these terms and conditions. The new version of the Terms and Conditions will be published on the Website. On the date of its publication, the previous terms and conditions shall be cancelled, but this shall not affect purchase contracts concluded under the previous version of the terms and conditions.
for customers of Goldfinger porcelán v.o.s. 616 00, Brno-Komín, Štursova 34,
The Complaints Procedure specifies the procedure of the customer and Goldfinger porcelán, (hereinafter referred to as the "Seller") in the event that, despite the Seller's best efforts to maintain the highest quality of the goods and services offered, a legitimate cause for complaint arises on the part of the customer.
1. If there is a defect in the purchased goods, it is in the interest of the Seller to provide the customer with such services that the defect is eliminated or otherwise resolved in accordance with these Complaint Rules in the shortest possible time.
2. A change in the (characteristics of) the goods that has occurred during the period of the liability claim as a result of improper use or care cannot be considered a defect.
3. The customer claims at the headquarters of the Seller at Goldfinger porcelán v.o.s., 616 00, Brno-Komín, Štursova 34, or by e-mail eshop@modernista.cz.
4. The authorized employee of the shop decides on the acceptance of the complaint immediately or within 14 days at the latest.
5. Complaints, including the removal of defects, must be settled within 30 days from the date of the complaint, unless the Seller and the Customer agree on a different deadline.
1. The customer is obliged to inspect the purchased goods immediately upon receipt.
2. The warranty period of the goods sold is twenty-four months and starts on the date of receipt of the goods by the customer.
3. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4. The customer shall make a claim without undue delay after he has had the opportunity to inspect the goods and discover the defect, but no later than within the claim period.
5. If the customer's claim is settled by repairing the goods, the warranty period is extended by the time from the exercise of the right to remove the defect until the time when the customer has taken over the repaired goods.
6. If the customer's claim is settled by replacing the defective goods with new ones, the new warranty period starts from the date of receipt of the new goods.
If the defective performance is a material breach of contract, the customer may claim
1. free removal of the defect,
2. the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect (if the defect concerns only a part of the item, the customer may only request the replacement of the part)
3. if it is not possible to deliver a new item without defects, the customer may withdraw from the contract
4. if the customer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the customer may demand a reasonable discount.
If the defective performance is an insubstantial breach of contract, the customer may claim
1. free removal of the defect,
2. a reasonable discount on the purchase price.
As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
1. Any irregularities related to the shipment of goods must be complained exclusively at the address of the company's registered office: the Goldfinger porcelán v.o.s., 616 00, Brno-Komín, Štursova 34.
2. The following types of complaints may be encountered in the course of sending goods, quite exceptionally:
(a) a defect in the quality of the product or packaging,
(b) damage to the goods or packaging in transit,
(c) loss of the consignment,
d) other claims.
2A) Recommended customer complaint procedure for product quality:
a) contact the seller without undue delay at eshop@modernista.cz to agree on the form of complaint resolution. The following procedure shall be followed as agreed.
2B) Recommended customer procedure in the event of damage to goods in transit:
a) send to the Seller without undue delay a covering letter containing the following data or attachments:
- DELIVERY ORDER No.
- photographs of the damaged goods at least (if no photograph is available, it is necessary to send the broken goods back), for customs purposes to indicate the price - "free of charge, no commercial value",
- description and quantity of the damaged goods,
- a photocopy of the Seller's invoice,
- the customer's address,
- the customer's request for a method of complaint handling,
b) keep damaged goods worth more than CZK 30,000 (EUR 1,200) for possible inspection by the insurance company's accident commissioner
2C) Customer's procedure in case of loss of shipment during transportation:
In the event that the shipment has not been delivered to the customer's address properly and on time (within the specified deadline), a cover letter containing the following information and attachments must be sent immediately to the Seller's address:
- the identification number of the lost shipment,
- the customer's delivery address,
3. Immediately upon receipt of the complaint and accompanying documents, the Seller shall inform the Customer how and by when the complaint will be settled.
4. Non-delivery of a shipment due to an incorrect address provided by the customer cannot be considered a claim and the customer shall bear all costs associated with resending the shipment.
1. The basic condition for maintaining the functionality of goods is proper prevention, which begins with their selection, continues with their use and ends with proper care.
2. The Customer is provided with professional advisory service by the Seller's staff in order to select the appropriate product and how to use and care for it.
3. Items decorated with gold and platinum are not recommended to be washed in automatic dishwashers.
4. Protect the product from contact with hard and sharp objects and avoid scratching the product by careful handling.
5. It is advisable to remove the natural oxidation process of gold by using polishing agents.
The Complaints Procedure is governed by the relevant provisions of the Civil Code No. 89/2012 Coll., in particular Sections 2161 et seq. and Act No. 634/1992 Coll., on Consumer Protection. It comes into force and effect on 1 December 2018.
A: Vinohradská 164, Prague, 130 00
T: +420 224 241 300
E: shop@modernista.cz
IČO 26690322 | DIČ CZ26690322