General Terms and Conditions
I. General Provisions
1.1 These GTC govern the relations between the parties to the purchase agreement.
1.2 Seller is company Stone Idea Ltd., ID: 05090016, Tax ID CZ05090016, based Dopravní 500/9, 104 00 Prague 10, entered in the Commercial Register maintained by the Municipal Court in Prague, file C 257,605th
1.3 Buyer is a consumer or entrepreneur.
Consumer is every person who outside his business or outside the independent exercise of their profession enters into a contract with a seller or otherwise acts.
The legal relationship of the seller and the consumer expressly stipulated in these GBC are governed by the laws and procedures of the Consumer Contracts and Consumer Protection as amended and effective, as well as related regulations.
Entrepreneur is a person who independently carries out on its own account and responsibility of gainful employment a trade or similar means with the intention to do so consistently for profit. For entrepreneurs, it is considered, among other things. For the purpose of consumer protection also every person who enters into a contract related to its own business, manufacturing or similar activities, or if a separate exercise of their profession, or a person acting for or on behalf of the entrepreneur. An entrepreneur for the purposes of the GTC means a person who acts in accordance with the preceding sentence as part of their business. Indicate if the buyer is in the order of their identification number, then acknowledges that he is subject to the rules set out in the GTC for entrepreneurs.
1.4 E-commerce is a computer program – an Internet application, which is available on the Internet through Internet addresses www.stone-idea.com whose main purpose is to display, select and order the goods.
1.5 Access data indicate the login name and password assigned to him by the buyer entered into the database E-shop at registration.
1.6 Registration is the electronic registration of the buyer to the database E-shop, by completing at least the mandatory registration data in the user interface E-shop access data and then saving them into a database E-shop.
1.7 The user account is part of the E-shop, which is set up every single buyer registration (ie. Is unique for each buyer) and accessed after entering access data.
1.8 Thing means goods offered for sale by the seller to the buyer via e-shop, and if things offered, as well as the license to use this stuff.
1.9 Buyer placing an order confirmed before concluding the contract is familiar with these GTC.
III. Pre-contractual information
1.2 The seller informs the buyer that:
2.1.1. the cost of the means of distance communication is not different from the basic rate (or in. Internet and dial-operator under the terms of the buyer, the seller does not charge any additional fees, it does not cover or. contract of carriage);
2.1.2. requires payment of the purchase price before accepting the fulfillment of the buyer from the seller, if necessary. the obligation to pay a deposit or similar payment applies to buyer’s requirements for the provision of specific services, if requested and provided;
2.1.3. prices of goods and services on the site are operated by the seller inclusive of VAT and including all the charges laid down by law, however, the cost of the supply of goods or services vary according to the selected method and a provider of transport and method of payment;
2.1.4. if the buyer is a consumer, the consumer shall have the right to withdraw from the contract (unless otherwise stated below), concluded a purchase agreement by means of distance communication, and within fourteen days, which runs, in the case of:
a) the purchase contract, the date of receipt of goods,
b) agreement the subject of several kinds of goods or supply of several parts, from receipt of the final delivery of the goods; or
c) a contract whose object is regularly repeated delivery of goods, from receipt of the first deliveries of goods;
and this withdrawal must be sent to the headquarters of the seller (the model withdrawal from the contract is given at the end of these GTC);
2.1.5. consumer can withdraw from the contract:
a) the provision of services that the seller has satisfied the prior express consent of the consumer before the deadline for withdrawal;
b) the supply of goods or services whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal;
c) the supply of goods, which has been modified as desired by the consumer or to his person;
d) the supply of goods subject to rapid deterioration, as well as goods which after delivery irrevocably mixed with other goods;
e) for repair or maintenance work carried out at the place designated by the consumer’s request; However, this does not apply in the case of a subsequent version other than the requested repairs or delivery other than the requested spare parts;
f) the supply of sealed goods which the consumer unsealed and hygienic reasons it can not be returned;
g) the supply of audio or video recordings or computer program, if breached their original packaging;
h) the supply of newspapers, periodicals or magazines;
i) for the delivery of digital content, if not supplied on a tangible medium and came with the prior express consent of the consumer before the deadline for withdrawal;
2.1.6. in case of withdrawal the consumer will bear the cost of returning the goods, and in the case of a contract through means of distance communication costs for returning the goods if the goods can not be returned to their character usual postal route;
2.1.7. the consumer is obliged to pay a proportion of the price in case of withdrawal of the provision of services and the performance has begun.
III. Purchase agreement, transfer of title, delivery of goods
3.1 Contract buyer can be closed so that it accepts the proposal to conclude a contract on the website operated by the seller that the required performance (good or service) into your shopping cart. The buyer can enter into a contract worker to assist sellers in e-mail ordering. Before the buyer confirmed binding order on the site, the buyer has the right to change how the required performance, service and payment method, therefore, check all the data entered into the order. The purchase contract by the website sending an order, the order by the purchaser after the election of transportation and the method of payment and acceptance by the seller. Conclusion of the contract seller to the buyer immediately confirm by e-mail to the buyer specified email.
3.2 Resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal grounds, unless stated otherwise in the GBC.
3.3 The contract seller is archived for under the relevant legislation for its successful fulfillment and is not accessible to non-participating third parties. Information about individual technical steps leading to the conclusion of the contract are evident from these business conditions, where this process is clearly described.
3.4 The purchase agreement, the seller undertakes to refer the matter to the buyer, which is the subject of purchase, and allow him to acquire title to it, and Buyer agrees that the thing takes over and pays the seller the purchase price.
3.5 The seller retains ownership of things until full payment of the purchase price.
3.6 Seller shall refer the matter to the buyer, as well as documents that relate to things, and enable the purchaser to acquire ownership rights to the matter in accordance with the contract.
3.7 The seller fulfills the obligation to submit the matter to the buyer if it enables him to handle things in the place of performance under the contract. If the seller has sent the matter, refer the matter to the purchaser – the entrepreneur transfer to the first carrier for transport to the buyer and allow the buyer to exercise rights under the transport contract against the carrier. Seller shall give to the buyer – the consumer at the moment the thing to the buyer from the carrier.
3.8 The seller submits buyer purchased item at the agreed quantity, quality and design. Unless stated how the thing should be wrapped, packed Seller thing by custom and manner necessary for preservation of property and its protection.
IV. Defective performance, transfer of risk
4.1 Thing is defective, unless agreed properties. The defect is regarded as the fulfillment of other things and flaws in the documents necessary for the use of things.
4.2 Buyer’s right of defective performance constitutes a defect he has a thing at the risk of damage to the buyer, though not materialize until later. Buyer’s right to establish and later formed a defect that the seller caused the breach of its obligations.
4.3 Buyer thing as possible inspected as soon as possible after the risk of damage to property and convinces with its properties and quantity.
4.4 Risk of loss passes to the buyer taking over the case. The same result has, if not taken Buyer thing, although it had allowed the vendor to dispose of.
4.5 Damage to things arising after the transfer of risk of damage to the buyer, does not affect its obligation to pay the purchase price, unless the seller damages caused by violating its obligations.
4.6 Delay parties to assume things the other hand, there is the right thing after a prior notice on account of the lingering appropriate way to sell after the seller has granted additional reasonable deadline for acceptance. This applies even if the party lingers in the payment of which is subject to referral of the case.
V. Responsibility for defects
5.1 Seller is responsible that the thing he sells has no defect. In particular, the seller is liable to the purchaser that when the buyer over the case, a matter of features that the parties have agreed, and in the absence of such agreement, then those qualities which the seller or manufacturer has described or which buyers expect given the nature of the goods, ie . thing fit for the purpose which for its use or selling notes to which this kind of thing usually used thing in quantity, measure or weight, and the case meets the requirements of the legislation
5.2 When defect manifest within six months after purchase, it is considered that the case was defective at the time of takeover.
5.3 The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four months from receipt, unless stated otherwise; It does not apply:
5.3.1. with things sold for a lower price on the defect for which the lower price was negotiated;
5.3.2. wear and tear caused by normal use;
5.3.3. Used for things to defect by use or wear that thing should take over the buyer; or
5.3.4. If it is clear from the nature of things.
5.4 For consumer goods, the buyer is entitled to exercise the right of defects within twenty-four (24) months unless However, the goods referred to date, in which case the period shall be reduced only to the date indicated on the packaging of the goods.
5.5 For the purchaser – the entrepreneur may be allowed for exercising the rights of defective performance is handled differently, if a given type of goods specifically mentioned, thus the said period shall prevail. The goods in this case is specially marked.
5.6 Right from defective performance of the buyer not be paid if the buyer knew that the thing has a defect, or if the buyer itself caused the defect.
5.7 If a thing defect from which the seller is bound, and if it is a thing sold for a lower price or a used thing, the buyer the right place at the exchange of the right to an adequate discount.
5.8 If defective performance of a substantial breach of the contract, the buyer has the right to:
5.8.1. to eliminate defects in the delivery of new things without defect or delivery of missing things unless it is due to the nature of the defect unreasonable, but if the defect concerns only a component of the thing, the buyer may request a replacement part; if this is not possible, it may withdraw from the contract. If, however, due to the nature of the defect disproportionate, especially if you can remedy the defect without undue delay, the Purchaser has the right to free remedy;
5.8.2. to eliminate the defect repairing things;
5.8.3. a reasonable discount on the purchase price; or
5.8.4. withdraw from the contract.
The buyer shall notify the seller, the right to chose what, when notifying defects or without undue delay after notification of the defect. The option selected, the buyer may not be changed without the consent of the seller; this does not apply if the buyer asked to fix defects that may prove unrecoverable. If the seller fails to remove the defects within a reasonable time or notify the buyer if the defects are not removed, the buyer may require the removal of defects instead of a reasonable discount on the purchase price or cancel the contract. Do not make the buyer’s right on time, the law as in the case of minor breach of contract. Buyer-consumer has the right to an adequate discount, even if the seller could not deliver a new thing without defects, replace the part or fix it, and in the event that the seller fails to remedy within a reasonable time, or that the remedy consumers give rise to substantial difficulties .
5.9 If defective performance unsubstantial breach of contract, the buyer has the right to remove defects or a reasonable discount from the purchase price. Until the buyer has exercised its right to reduce the purchase price or withdraws from the contract, the seller can deliver what is missing, or remove the legal defect. Other defects, the seller may remove its option, repair things or delivery of new things. If the seller fails to defect things on time or refuses to remove things defect, the buyer may reduce the purchase price or cancel the contract. The option selected, the buyer may not be changed without the consent of the seller.
5.10 The right to deliver new things, or replace parts of a buyer in the case of removable defects if the thing can not be properly used for recurring defect or for a larger number of defects. In this case, the buyer has the right to rescind the contract.
5.11 Upon delivery, new things will return the buyer’s expense thing originally supplied (including all accessories supplied).
5.12 Did not notify buyers if the defect without undue delay after he could in a timely inspection and adequate care to know, the court had the right of defective performance admit, if the seller will say belated notification of defects. If it is a hidden defect, the same applies if the defect was not notified without undue delay after it when buyers could care enough to find out no later than two years after handing over the case.
VI. Quality Guarantee
6.1 Guarantee for the quality of the seller undertakes that the matter will be eligible for a certain period to be used for the normal purpose or will retain the usual properties. These effects have also stated warranty period or shelf stuff on the label or in advertising. The guarantee can also be granted to an individual component of the case.
6.2 The warranty period runs from handing things to the buyer. If the purchased thing to put into operation by someone other than the seller, the warranty period from the day of putting things into operation if the buyer ordered commissioning no later than three weeks from the receipt of the matter and properly and timely provided to perform services necessary cooperation.
6.3 The buyer has the right to the warranty, if the defect caused after the transfer of risk of damage to the buyer external event.
VII. Personal data, user account
7.1 Seller declares that all personal data communicated to the buyer is confidential and will only be used for the execution of the contract with the buyer and marketing events seller and not otherwise disclosed to any third party, etc., With the exception of situations related to the distribution or payment contact regarding the ordered goods (communicating name and shipping address). Personal information that is provided voluntarily by the buyer to the seller in order to fulfill orders and marketing campaigns seller are collected, processed and stored in accordance with the applicable laws of the Czech Republic, particularly with Act no. 101/2000 Coll., On protection of personal data, as and as amended.
7.2 Purchaser gives his consent to the collection and processing of personal data for purposes of satisfying the subject concluded the sales contract and use for marketing purposes seller (esp. For sending commercial messages, telemarketing, sms), and until a written statement disagreeing with the workmanship . For a written statement in this case it is also considered as a form of electronic.
7.3 The buyer has the right to establish a user account registration.
7.4 The buyer has an obligation to enter before entering a user’s account access details.
7.5 Identification data entered during the registration of the buyer shall be deemed to data entered in the order of every thing that buyers will make after logging in to your user account.
7.6 Buyer must provide third parties access data, or any other access to the user account. The buyer is obliged to take all reasonable measures to secrecy. The buyer is fully responsible for any unauthorized use of the access data or user account and for damage caused by the vendor or third parties. In case of loss, theft or other breach of the right to use these data, the buyer is obliged to communicate this fact immediately to the seller. Seller within a reasonable time to the buyer new access data.
VIII. Ordering, purchase price
8.1 The buyer gets a thing for the price valid at the time of ordering. The consumer buyer has the opportunity to meet orders before the total price including VAT and all other charges (PHE etc.). This price will be listed in the order and in a message confirming receipt of goods orders.
8.2 Due to a technical error in the E-shop might receive the purchase price in the case, the amount of which does not correspond roughly to the usual price of such things on the market; In such a case, the seller has no obligation to deliver the thing for the displayed purchase price, contact the buyer and notify it of the actual purchase price of the case and the buyer has the right to decide whether the case for the actual purchase price received and if not, cancel the purchase agreement from the beginning .
8.3 Ordering things is possible:
• through electronic commerce in www.stone-idea.com.
IX. Withdrawal from contract
9.1 The consumer (buyer) has the right to withdraw from the contract, exclusively under the following circumstances;-
9.1.1. The consumer buyer has the right to withdraw from the contract within 14 days from receipt of goods if the contract was concluded by means of distance communication. If he chooses the consumer to exercise this right, the withdrawal delivered to the seller no later than 14 days from receipt of goods at its own expense.
9.1.2. Withdrawal of goods and send the buyer – the consumer at the following address:
Idea Stone Ltd., Road 500/9, 104 00 Prague 10
9.1.3. The Buyer-consumer is required to repay the full, complete with documentation, undamaged, clean, preferably including the original packaging, in the condition and value, they took the goods. In the event that your return is incomplete or damaged, the seller can refund the purchase price reduced by the corresponding amount. Money for the returned goods will be returned to the purchaser-consumers within 30 days from receipt of the withdrawal.
9.1.4. Except where the withdrawal is expressly agreed, the consumer can withdraw from the contract referred to in section 2.1.5. VOP.
9.1.5. Buyer acknowledges that if the goods provided gifts, the gift agreement between buyer and seller concluded with a condition that occurs when the usage rights of a consumer to terminate the contract, donation contract is due to expire and the buyer is required along with the returned goods back with the related gifts provided.
9.2 Withdrawal from the contract buyer who is a businessman. In the event that the buyer is a businessman, the appropriate provisions of the law on the withdrawal among entrepreneurs.
X. Payment Terms
10.1 The seller accepts the following payment terms:
• cash payment upon receipt of goods,
• cash on delivery (cash from a customer takes the carrier)
• Payment by credit card,
• bank transfer prepayment.
10.2 The goods remain until full payment and receipt of property of the seller, but the risk of damage passes acceptance of the goods.
XI. Terms of delivery
11.1. Personal collection:
Goods may take buyers in areas designated by the seller to the personal collection of goods.
11.2 Sending transport service – Czech Republic:
Goods can be sent to the buyer shipping service, for example. TOPTRANS, PPL or Czech post, S. P. Price of transport is governed by the current price list on the day of the order. Unless the goods delivered to the buyer of the reasons on the part of the seller within 14 days (subject to conditions and taken all steps required by the buyer, in particular payment order price), the buyer is entitled to rescind the contract (without prejudice to its other rights, eg. a right to compensation).
11.3 Transport prices are listed on the E-shop.
11.4. The buyer is obliged to immediately check the delivery status along with the carrier package (number of packages, intactness of tape, damaged box) according to the waybill. The buyer is entitled to refuse to accept the shipment, which is not in conformity with the contract. If such shipment buyer from the carrier, it is necessary to describe the damage in the handover protocol carrier. Damaged or incomplete shipment must immediately notify the seller, to draw up a damage report and this promptly sent by fax, e-mail or by mail to the seller.
XII. Warranty and Returns
12.1 Proof of warranty (warranty) is a proof of purchase (invoice hereinafter “warranty certificate”), the law containing all necessary data for warranty (esp. Product name, price, quantity, serial number, etc.).
12.2The warranty period begins on the date of receipt of the goods fundamentally buyer, eventually. date specified in the warranty.
12.3 When selling goods statutory warranty period is 24 months for buyer-consumers, unless a special law for a longer period, or unless another manufacturer’s shelf life, durability and power. Seller may extend this warranty period. The warranty period is extended by the period during which the goods in the complaint. Rights from liability for defects for which the warranty period, expire, unless within the warranty period.
12.4 If the buyer is a consumer within the statutory warranty period claims are governed by applicable laws.
12.5 The place for filing a complaint is: Stone Idea Ltd., Road 500/9, 104 00 Praha 10th
12.6 Buyers can claim the defective goods to send a courier to the address of the seller. Defective goods should be carefully secured to avoid during transport damaged, the package should be visibly marked “COMPLAINT” and contain goods under complaint (including all accessories), a copy of the purchase receipt, a detailed description of the defect and the buyer sufficient contact details ( esp., the return address and tel. number).
12.7 The buyer is obliged to inform the seller to send the goods claimed by telephone or email.
12.8 A buyer who is not a consumer proves the validity of the warranty by submitting the bill when it was in the past claimed goods also demonstrate proof of claim.
12.9 The warranty does not cover damage caused (in the event that such activity is not usual activity and it is not prohibited in the operating instructions)
• mechanical damage of goods,
• electrical surges (visibly burned components or circuit board) with the exception of normal variation,
• use of goods in conditions that do not correspond to temperature, dust, humidity, chemical and mechanical influences environment that manufacturer or vendor directly addressed
• unprofessional installation, handling, operation, or neglect of goods
• goods damaged by excessive load or use contrary to the conditions stated in the documentation or the general principles
• performing unskilled intervention or changing parameters,
• goods which have been modified by the customer (painting, bending, etc.), if the defect arose as a result of this adjustment,
• goods damaged by natural elements or force majeure.
This restriction does not apply if the characteristics of the goods that are in conflict with the above conditions, the buyer and seller expressly agreed or declared by the seller, or can be expected due to advertising or carried out the usual manner of use of the goods.
12.10 Goods abandoned the claim will be tested only on a defect given by the buyer (the claim form in the attached document with an error).
12.11 The seller has the right to refuse acceptance of goods to the complaint in cases where the claimed goods and / or its parts are dirty or do not meet the basic requirements for hygienically safe delivery of goods to the complaint procedure, unless it is customary pollution.
XIII. Method of claim settlement
13.1. In accordance with § 2 paragraph 1 letter a) of Act no. 634/1992 Coll., On Consumer Protection, as amended, is a consumer natural person who is not engaged in business activity or within independent exercise of their profession.
13.2. If the buyer is a consumer, the seller decides on the complaint immediately, in complicated cases within three working days from delivery of the disputed matters to the seller. This period does not include an adequate time depending on the type of product or service required for expert assessment of the defect.
13.3. Complaint including defect removal seller handled without undue delay, within 30 days of the claim. Period of 30 days may be extended after a complaint after consultation with the consumer – such extension shall be indefinite or excessively long. After the deadline, respectively. extended periods, it is considered that the condition of things actually existed, and the consumer has the same rights as if it were a defect that can not be removed.
13.4. If the buyer is an entrepreneur, the seller undertakes to decide on a claim within 40 days of the claim.
13.5. Seller shall deliver to the buyer a written confirmation of the date and method of settling the claim, including confirmation of repair and duration of complaint or justification for rejecting the claim.
13.6. After processing legitimate claims the warranty period is extended for the duration of the claim. In case of unjustified complaint the warranty period is not extended. If the complaint case in the legal warranty period settled the case in exchange for a new one, the warranty period starts anew from the date of the complaint. The duration of complaints is counted from the day following a complaint (complaint stuff delivery seller) until the day of settling the claim, that is the time when the buyer was obliged to accept.
13.7. The settlement of the complaint, the buyer is informed by e-mail that stated at the time of purchase or when the claim.
13.8. In case of failure to collect the goods claimed by the buyer within one month of the expiry date, which should be a complaint made, and if performed later than one month from the notification on its implementation (ie. Normally within 60 days from the date a claim), the seller is entitled to charge when dispensing belongings storage for storing goods in the amount of 20CZK including VAT for each day of delay.
13.9. If the buyer does not collect the goods from the Customer’s claim within 6 months from the date when he was informed of the outcome, the seller reserves the right to goods sold and the proceeds used to pay storage charges.
13.10. When dispensing belongings after settling a claim, the buyer is obliged to submit a document on the basis that the case was taken to the complaint and must prove their identity card or valid passport.
13.11. The buyer is entitled to reimbursement of reasonable expenses associated with the application of a legitimate complaint. These costs are seen as the minimum necessary. Notably the postage for sending the complaint. These costs may not belong journey by car to file a claim and express shipments and other similar. The reimbursement must be sought without delay but not later than one month from the deadline for exercising rights of defective performance.
13.12. The buyer is obliged to check the goods taken over and its compliance with the dispensing protocol complaint. The buyer also check the completeness of goods, in particular that the package contains everything you should include. Towards the later objections will no longer be taken into account.
XIV. Final Provisions
14.1. These GTC are valid and effective from 11 July 2016.
2.14 In the case of registration of the buyer’s conditions are met ust. § 1752 paragraph. 1 of the Civil Code and the seller is entitled to unilaterally change these GTC; Change notify the buyer via e-shop and / or email message to the email address of the buyer entered into a database E-shop. The seller the right to change the GTC within one month from the date you first log into the user account after notification of the change VOP (if delivered via e-shop) or from the receipt of the email messages to the inbox of the buyer (if the delivered email message) and commitment for this reason, terminate in one month notice period, on which the parties are agreed that it is sufficient to procure similar performance from another supplier.
Form withdrawal or contract
(According to the provision. § 1829 Act. No. 89/2012 Coll., Civil Code, as amended)
In ………………………………. on ……………………
Idea Stone Ltd.
104 00 Prague 10
Announces hereby that the purchase agreement dated ………………………………., On the basis of which Idea Stone Ltd. received the return of the following products: ……………………………………… …… goods were ordered under order number no. ¬¬¬ …………… and invoiced by invoice no. ………………
Name and surname