TRADE AND ADVERTISING TERMS AND CONDITIONS GOVERNING CONTRACTUAL RELATIONSHIPS FOR THE PURCHASE AND SALE OF INVESTMENT PRECIOUS METALS ON WWW.ZLATODOMU.CZ
(hereinafter referred to as "GTC")
Article I.
1. These GTC apply to the purchase of products on the website www.zlatodomu.cz (hereinafter referred to as the "eshop"), operated by the company Gold2home CZ s.r.o., with registered office at Prosecká 851/64, Prosek, 190 00 Prague 9 (hereinafter referred to as the "Seller's establishment"), ID:24740381, registered in the trade register maintained by the Municipal Court in Prague, file number C 170395 (hereinafter referred to as the "Operator"), tel.: +420 227 272 002, info@zlatodomu.cz. Bank account number 2102171045/2010. The seller of the goods listed on the e-shop is Gold2Home BV, with registered office in Brussel, Congreesstraat 37, Belgium, registration number 0799234468, VAT ID: BE799.234.468.
2. The operator, on behalf of the seller, is authorized to communicate with the customer (buyer), to conclude a purchase contract, which includes these GTC and consent to the processing of personal data, to collect the purchase price, to arrange delivery of the goods, to handle complaints, as well as other matters listed below.
3. The GTC regulate the relations between the operator and the seller on the one hand and the buyer on the other hand. All contractual relations are concluded in accordance with the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). In the event that the buyer is a natural person who does not act within the scope of their business activity or within the scope of their independent exercise of their profession ("consumer"), contractual relations are also concluded in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
4. The price of precious metals and their products listed on the e-shop depends on the prices of these metals on international commodity exchanges and the value of foreign exchange rates.
Article II.
1. Orders may be placed by the buyer via the e-shop or by telephone at + 420 227 272 002.
2. In the case of an order placed by the buyer via the e-shop, the order form together with the GTC and the consent to the processing of personal data placed on this website is a proposal for the conclusion of a purchase contract. The order is binding and the purchase contract is concluded at the moment of confirmation of the button "I confirm the order with the obligation to pay and thus fix the price" and cannot be cancelled.
3. In the case of a telephone order, the seller sends information about the telephone order by email to the buyer together with the GTC. By sending this email, the order becomes binding. The telephone order is binding and the purchase contract is concluded at the moment of confirmation of the telephone order and cannot be cancelled.
4. The seller shall send to the email address provided by the buyer a confirmation of the binding order (concluded purchase contract) including payment instructions for payment of the purchase price. Payment of the purchase price in case of bank transfer is 48 hours from the conclusion of the purchase contract (confirmation of the order by the buyer as binding).
5. The seller and the buyer may agree by telephone or e-mail on the method of creating an order or its settlement also differently from these GTC.
6. The place of delivery of the goods is the address specified by the buyer in the order. The buyer may also collect the goods in person at the seller's premises; this fact must be indicated in the order.
7. In the order form on the e-shop the buyer is given the current price. The price in the offer form is valid for a maximum of 60 minutes after it has been set. If the order form is sent after the validity period of the purchase price, the buyer is informed by an automatic message about the change of the purchase price before sending and the buyer is given the opportunity to send the form again or cancel it without any sanction.
8. The seller is entitled to carry out a telephone verification of the order after the order has been sent, which does not affect the conclusion of the contract, but the seller is entitled to withdraw from the contract in the event of unsuccessful verification (see Article VII, paragraph 3, letter h) of the GTC).
9. The seller is entitled to withdraw from the contract prior to acceptance of payment of the purchase price if the price of precious metals and products thereof or the value of the CZK/EUR exchange rate or a combination of both changes by more than 5% from the price stated in the offer form at the time of placing the order.
Article III.
1. The seller sets the price of the goods several times during the day depending on price movements on the international commodity and foreign exchange markets. The current metal prices and exchange rates on which the price of the goods is based are listed in the header of the e-shop.
2. The buyer is obliged to pay the purchase price within 48 hours of the buyer's confirmation of the order in the case of a wire transfer or on the day on which the carrier selected in the order offers the buyer to take delivery of the intact shipment on delivery, or on any other day on which the intact shipment is deposited at the carrier's delivery point for collection.
3. In case the buyer agrees with the seller to pay only upon receipt of the goods, the seller is entitled at any time until delivery of the goods to require from the buyer an advance payment of the purchase price of at least 50% of the order price. The buyer is expressly notified of this fact before confirming the order.
Article IV.
1. The deadline for shipment of the goods shall be no later than 7 working days from the date of crediting the agreed purchase price for the goods to the seller's bank account; in the case of cash on delivery, the deadline for shipment of the goods shall be within 7 working days from the date of conclusion of the purchase contract. The deadline for shipment of the goods shall not run during the period of shortage of the goods on the international market (force majeure as defined in Article VII, paragraph 3, letter g) of the GTC), but for a maximum of 180 days from the occurrence of the obstacle. The seller is obliged to inform the buyer of this obstacle by email or by phone and email as soon as this obstacle appears. The ordered goods may be exchanged for goods of the same weight and purity by prior agreement between the Seller and the Buyer. The parties shall agree on the compensation of any deviation in the purchase price before the exchange goods are sent.
2. The buyer may collect the goods in person at the seller's premises or via a carrier chosen from the carriers listed on the e-shop.
3. Personal collection is possible at the seller's outlet by prior telephone agreement. Upon receipt of the goods after their full payment, the ownership is transferred to the buyer. When handing over the goods, the buyer is obliged to inspect the goods taken over. A handover report is taken.
4. A shipment delivered by a carrier will always be insured up to the purchase price of the goods, for liability for loss, damage to the shipment or loss of contents, up to a maximum amount determined by the carrier selected. Delivery times are subject to the choice of carrier and cannot be influenced by the seller. The buyer is obliged to check the integrity of the packaging of the shipment and whether the shipment shows any obvious signs of damage.
5. The buyer is entitled to reject the shipment in case of damage or breach of the packaging. In this case, the consignment shall be returned to the seller and the buyer shall not be in default in taking delivery of the goods. The seller undertakes to resend the consignment without default at his own expense. The parties agree that in the event of rejection of the shipment by the buyer, the delivery period shall be extended by 10 days from the date of rejection. By taking delivery of the consignment after payment, the buyer becomes the owner of the goods delivered and therefore if the buyer accepts the consignment and subsequently discovers that the consignment is damaged, he must claim this fact from the carrier from whom he took delivery of the goods, in his own name and on his own account.
6. In the event that the buyer fails to collect the goods already paid for (either in person or the goods are returned to the seller as an undelivered consignment sent via the carrier), the buyer is in default of his obligation to take delivery of the goods. The seller is obliged to resend the goods to the buyer upon the buyer's e-mail request. In this case, the cost of postage, including insurance of the shipment, shall be defrayed by the buyer, in the amount according to the current valid price list of the chosen carrier. The buyer shall pay this amount by cash on delivery to the carrier upon delivery of the goods. During the period of the buyer's default in accepting the goods, the buyer shall pay the seller a storage fee. The parties agree that this fee shall be 0.01% of the purchase price of the goods for each day of storage until the buyer takes possession of the goods. If the buyer is in default of his obligation to take delivery of the goods 12 months after they are ready for collection in person or after the first unsuccessful delivery by carrier, the seller shall be entitled to sell the goods at the buyer's expense.
7. In the event that the buyer does not collect the ordered goods within the agreed period of time, which is to be paid in cash, he is obliged to pay the seller a contractual penalty of 10% of the value of the order. The deadline for collection and payment of the goods may be extended by 5 working days once.
8. Complaints for ordered goods are made via e-mail sent to info@zlatodomu.cz. The text of the complaint must state what is being complained about and include a photograph. The claim must be made immediately after the delivery of the goods, during which the defect could have been detected, otherwise the claim shall lapse. The seller shall issue the buyer with a confirmation of the claim, which shall include the date of the claim, what is the content of the claim, what method of handling the buyer requires from the seller and the buyer's contact details, where the seller shall inform the buyer of the method of handling the claim. The deadline for the settlement of the claim is 30 days, within which the buyer will be informed of the result by e-mail to the address from which the claim was submitted by the buyer. Breach of packaging shall be claimed from the carrier as stated above.
9. The parties may agree by email or telephone followed by email on a different method of delivery of the goods.
Article V.
1. The seller declares that, upon presentation of the goods and the original proof of purchase of the goods with a buyback guarantee attached to the goods upon delivery at the seller's premises, it will purchase the goods from the buyer or, where applicable, from the person to whom the buyer has transferred the ownership of the goods, provided that the goods meet the prescribed purity parameters and are in a resalable condition. The procedure for repurchasing the goods is set out later in this article. The buyback guarantee applies to investment coins and bullion coins, not to collector coins.
2. The seller will inspect the purity and condition of the goods and the original packaging. Damage to the original packaging or the absence of a manufacturer's certificate (if issued with the item) may result in a reduction in the purchase price of the item or a refusal to repurchase. The seller declares that the purity check is carried out in a non-destructive laboratory manner.
3. The purchase price of the goods is determined by agreement between the parties.
4. The purchase price is due 10 working days after receipt of the goods,
Article VI.
1. Customer information is stored in accordance with the applicable laws of the Czech Republic and the EU - according to the GDPR directives. By entering into a contract (confirming an order or sending an email confirming a telephone order), the buyer agrees to the processing and collection of his/her personal data in the seller's database. The supplier does not pass on the personal data of customers to any other person. An exception is made for external carriers, to whom the personal data of customers are transferred to the minimum extent necessary for the delivery of goods.
2. These terms and conditions also apply if the operator or seller sells goods on consignment.
Article VII.
1. The sale of investment gold, silver and platinum is the sale of a commodity whose price depends on the fluctuations of the financial market independently of the will of the seller. The buyer and, in view of this fact, nor the buyer in the position of a consumer, in accordance with Section 1837(b) of the Civil Code, shall not have the right to withdraw from the contract without giving any reason.
2. The purchase contract shall automatically terminate from the outset, with the exception of the penalty clause, if the buyer fails to pay the purchase price properly and on time. In the event of automatic termination of the purchase contract, the seller is obliged to send the buyer the payments received so far without delay to the bank account from which the last payment of the purchase price came. The seller shall also send the buyer a notification of such termination and a message about the payment sent to the buyer's account to the buyer's e-mail.
3. The seller is entitled to withdraw from the Purchase Agreement if:
(a) the cumulative volume of outstanding orders for which the purchase price has not been duly and timely paid by the same buyer exceeds EUR 5,000 or the equivalent in another currency,
b) the delivery address, order amount (or other identifying information provided by the buyer) is obviously doubtful or incorrect,
c) the buyer has not fulfilled in the past an obligation to the seller arising from a binding order, i.e. to collect and pay for the goods ordered in a binding manner,
d) there has been an operational technical error, as a result of which a defective price has been published on the seller's website or a price that differs at that moment from the market price of investment gold, silver or platinum published by more than 15%,
(e) the buyer fails to collect the goods duly paid for and is in default of this obligation for more than 30 days,
f) there is a change in the legislation governing the amount of value added tax,
g) in the event of force majeure (this means an obstacle that has arisen independently of the seller's will and prevents him from fulfilling his obligation, if it cannot reasonably be assumed that the seller would have averted or overcome this obstacle or its consequences, and that he would have foreseen this obstacle at the time of the obligation; such force majeure is considered to be, for example, a temporary shortage of goods on the international market),
h) in the event of unsuccessful verification of trade pursuant to Article II. Par. 8 of the GTC.
4. In the event of withdrawal from the purchase contract, the contract shall be cancelled from the outset with the exception of the penalty clause.
Article VIII.
1. These terms and conditions are effective from 1.6.2023.
2. These Terms and Conditions of Sale and Complaints shall apply as set out on the seller's website.
3. These terms and conditions are also sent to the buyer together with the order to the email address provided by the buyer.