Terms and Conditions

    General Terms and Conditions
    business company Elima Pottery s.r.o.
    with its registered office at Lukov 93, 66902 Znojmo, Czech republic
    identification number: 25357018    
    for the sale of goods through an online store located at the Internet address www.elimashop.cz

    1. INTRODUCTORY PROVISION

      1. These general business conditions (hereinafter referred to as "business conditions" or "GTC") of the business company Elima Pottery s.r.o. with its registered office at Lukov 93, 66902 Znojmo, identification number: 25357018 (hereinafter referred to as the “seller”) are regulated in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter the “buyer”) through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.elimashop (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").
      2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
      3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
      4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
      5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

    2. USER ACCOUNT

      1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
      2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
      3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
      4. The buyer is not entitled to allow the use of the user account by third parties.
      5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 2 years, or if the buyer violates his obligations under the purchase agreement (including business conditions).
      6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

    3. CONCLUSION OF THE PURCHASE AGREEMENT

      1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
      2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
      3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods to the buyer's delivery address according to the order (hereinafter referred to as "Delivery Costs"). These delivery costs vary according to the specific country of delivery, the chosen carrier (if more transport options are offered for the given country) and as a result depend mainly on the weight of the entire transport package of the delivered goods. Delivery costs may also include the price of insurance of the transported goods (especially for deliveries abroad), which is based on its final total value and is determined by the chosen carrier. A detailed current price list of delivery costs is available in the document "Shipping and Payments". Delivery costs are calculated on the web interface automatically and the current amount is then displayed in the basket according to the weight and price of the inserted goods and the selected type of transport resp. transporter. If the system does not offer for any reason, for any reason, the system for the selected combination of parameters of the goods placed in the basket (weight, price, quantity, etc.) resp. carrier, the buyer will be offered the option of so-called individual transport, which will be personally consulted with him. In this case, the sent order will be confirmed by the seller (accepted according to paragraph 3.7 of the GTC) only after this consultation with the buyer and a mutual agreement on the method of transport and the related amount of delivery costs. In the case where the seller offers free transport of goods, the precondition for the right to free transport of goods on the part of the buyer is payment of the minimum total purchase price of the transported goods in the amount specified in the web interface of the store. In the event that there is a partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum necessary for the right to free transport according to the previous sentence it expires free of charge and the buyer is obliged to pay for the transport of the goods to the seller.
      4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
        • the 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, information on the required method of delivery of the ordered goods and
        • information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
      5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
      6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
      7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
      8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance 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 do not differ from the basic rate.
      9. Sending the order is considered to be such an act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with the business conditions on the website and confirmation of the buyer that he has read these business conditions.
      10. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer's e-mail address stating possible variants of the order and request the buyer's opinion.

    4. PRICE OF GOODS AND PAYMENT TERMS

      1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
        1. in cash at the personal collection of goods at the seller's premises "Keramika ELIMA" at the address Velká Michalská 212/22, 669 02 Znojmo, Czech republic, EU;
        2. payment card through a payment terminal for personal collection of goods at the seller's premises "ELIMA Ceramics" at Velká Michalská 212/22, 669 02 Znojmo, Czech republic, EU;
        3. in cash or by credit card upon delivery of goods on delivery at the place specified by the buyer in the order;
        4. cashless transfer in EUR currency to the seller's account No. 765864003/5500, IBAN CZ2755000000000765864003,  kept at Raiffeisenbank a.s., Prague, Czech republic, BIC code (SWIFT) RZBCCZPP (hereinafter referred to as the "seller's EUR account");
        5. online payment card VISA, VISA Electron, MasterCard, Maestro, using the internet payment gateway COMGATE, including the use of the Apple Pay Google Pay application;
        6. online instant payment transfer (so-called bank buttons) via the COMGATE payment system;
      2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
      3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
      4. In the case of payment in cash or in the case of payment 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 3 working days of concluding the purchase contract.
      5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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.
      6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
      7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
      8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
      9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.

    5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

      1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program packaging.
      2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. ) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. 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 can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address: info@elimashop.cz         
      3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.
      4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. 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.
      5. The Buyer acknowledges that if the goods returned to the Buyer pursuant to Article 5.2 of the Terms and Conditions are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. buyer to return the purchase price.
      6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.
      7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given gift.

    6. TRANSPORTATION AND DELIVERY OF GOODS

      1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
      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 over the goods upon delivery.
      3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
      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 case of any defects immediately notify the carrier. If a packaging violation is found, the buyer does not have to take over the shipment from the carrier. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
      5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

    7. RIGHTS FROM DEFECTIVE PERFORMANCE

      1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
      2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
        1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,
        2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
        3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
        4. the goods are in the appropriate quantity, measure or weight; and
        5. the goods comply with the requirements of legal regulations.
      3. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
      4. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. As a guarantee of quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
      5. The provisions of Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods were defective, or if the buyer caused the defect himself.
      6. The rights from the liability for defects of the goods apply to the seller. However, if the confirmation issued by the seller regarding the scope of rights from liability for defects (in the sense of the provisions of § 2166 of the Civil Code) states another person designated for repair, who is closer to the place of the seller or the buyer, the buyer shall exercise the right to repair who is designed to make the repair. Except in cases where another person is appointed to carry out the repair according to the previous sentence, the seller is obliged to accept the complaint in any establishment where the complaint is possible with regard to the range of products or services provided, or in the seller's registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
      7. The buyer can specifically exercise the rights from liability for defects of the goods, especially in person at the ELIMA store, Velká Michalská 212/22, 66902 Znojmo, by phone at +420 777 580 680 or by e-mail at: info@elimashop.cz  
      8. The buyer will inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
      9. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the buyer may require delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger 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 exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
      10. Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect is to be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
      11. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

    8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

      1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
      2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
      3. The seller handles consumer complaints via the email address info @ elimashop. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
      4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
      5. uropean Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
      6. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
      7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
      8. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.
      9. The buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative impact on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
      10. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.

    9. PERSONAL DATA PROTECTION (GDPR)

      1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 referred to as the “GDPR Regulation”) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the public law obligations of the seller.

    10. SENDING BUSINESS MESSAGES AND STORING COOKIES

      1. Pursuant to the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to send commercial communications by the Seller to an electronic address. or to the buyer's phone number. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
      2. The seller fulfills his legal obligations related to the possible storage of cookies on the buyer's equipment through a special document.

    11. DELIVERY

      1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail or by registered mail through the postal service provider (hereinafter referred to as "post office"). It is delivered to the Buyer to the address specified in his user account or specified by the Buyer in the order, to the Seller to the address specified in the contact details on his website.
      2. Notices delivered by post shall be deemed to have been received and effective at the time of delivery, except for notice of withdrawal made by the buyer, where withdrawal is effective if the notice is sent by the buyer within the withdrawal period. A notification whose receipt was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.

    12. FINAL PROVISIONS

      1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
      2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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. Changes and additions to the purchase agreement or business conditions require a written form.
      3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
      4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
      5. Contact details of the seller:
        Delivery address:  Elima Pottery s.r.o., Lukov 93, 66902 Znojmo, Czech republic, EU
        E-mail address: info@elimashop.cz, Telephone contact: +420 777 580 680.

    In Znojmo on 01.03.2023

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