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Terms and conditions

General terms and conditions for purchase in this online store

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions govern the rights and obligations of the parties in concluding a purchase agreement between Gold365, s.r.o., with its registered office in Vyšehradská 1349/2, Praha - Nové Město, postal code 128 00, ID number: 05560535 (hereinafter "Seller") as the seller operating the online store https: //gold365.eu and the Buyer when shopping in the E-Shop (as both of these terms are defined below)

1.2. Capitalized terms in these terms and conditions are defined terms whose meaning is given in Article 2 below.

1.3. By sending the order, the Buyer confirms that he has read these terms and conditions and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

2. DEFINED TERMS

2.1. "CNB" means the Czech National Bank.

2.2. "E-shop" means an online store operated by the Seller at https://www.gold365.eu/

2.3. "Price Fixation" has the meaning set forth in Article 4.2 of these Terms and Conditions.

2.4. "Investment products" means investment gold, silver and other products whose price in the E-shop is continuously updated.

2.5. "Purchase Agreement" means a purchase agreement concluded between the Seller and the Buyer, the draft of which will be delivered to the Buyer by the Seller in accordance with Article 3.6 of these Business Conditions.

2.6. "Buyer" means a Consumer or Entrepreneur who makes a purchase in the E-shop.

2.7. "Civil Code" means Act No. 89/2012 Coll., The Civil Code, as amended.

2.8. "Terms and Conditions" means these terms and conditions of the Seller.

2.9. "Entrepreneur" means a natural or legal person who acts in the course of his business or other entrepreneurial activity when concluding and fulfilling a purchase contract with the Seller.

2.10. "Seller" has the meaning set forth in Article 1.1 above.

2.11. "Fixed Price Products" means all products in the E-shop with the exception of Investment Products.

2.12. "Consumer" means a natural person who, in concluding and fulfilling the purchase contract with the Seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.

2.13. "Deposit" has the meaning set forth in the draft Purchase Agreement.

3. ORDERING AND CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The order and the purchase contract can be concluded in the following ways:

through the E-shop

in person at the seller's branches

in writing, by telephone or by email

3.2. If the Buyer is an Entrepreneur, he is fully responsible for the accuracy of delivery and invoicing data. These data must correspond to the data stated in the Commercial or Trade Register.

3.3. All orders made by the buyer are a binding and irrevocable proposal to enter into a purchase agreement. The buyer has the right to cancel the order by a notice sent to the seller's email address info@gold365.eu no later than 24 hours after the order. The seller warns that in the case of personal collection of a fixed price product, the purchase contract is concluded by physical acceptance. In this case, it is not a distance contract.

3.4. The seller is entitled, depending on the nature of the order - quantity of goods, price, etc. - to ask the buyer to authorize the order in a suitable manner (eg by e-mail, telephone, registered or in person). The order is considered invalid if the buyer refuses to perform this authorization in the required manner.

3.5. The seller reserves the right to reject / not accept the order in the case of:

3.5.1. the excess of the number of orders received over the amount of available stocks of goods;

3.5.2. that the said details of the buyer or place of delivery are misleading, incorrect or incomplete; or

3.5.3. if the Buyer has at any time in the past breached its obligations to the Seller, in particular has not taken over or paid for the previously ordered goods;

3.5.3.1 in this case, the prices of other orders will not be fixed for the buyer who has breached his obligations, even within the immediate fixation according to point 4.2.1.

3.5.4. that the prices published on the web interface were given incorrectly for whatever reason

3.5.5. if the price of the goods supplied by the Seller's supplier has changed significantly

3.5.6. for any other reason.

In case of rejection / non-acceptance and / or inability to satisfy the order, this information will be sent to the Buyer to the email specified when creating the order without undue delay. The Seller is not obliged to inform the Buyer of the reason.

3.6. Except in cases where the Buyer's order is rejected in accordance with Article 3.4 above, the Purchase Agreement will be concluded as follows:

3.6.1. Investment products

The Seller will send the Buyer an advance invoice containing the text of the purchase contract. This advance invoice will be considered as a proposal for the conclusion of the Seller's Purchase Agreement. By paying the Deposit, the Buyer accepts the proposal to conclude the Purchase Agreement, which therebytakes full effect and effectiveness.

3.6.2. Fixed price products

The Buyer's order is considered to be a proposal to conclude a Purchase Agreement for the goods specified in the order. The purchase contract for the goods specified in the order between the Buyer and the Seller is concluded upon delivery of the order confirmation to the Buyer, as consent to the proposal to conclude the purchase contract. Depending on the quantity of the ordered Product, the seller reserves the right to request a deposit for the Fixed Price Product.

3.7. The seller reserves the right to limit the amount of products purchased, for any reason. This restriction can be excluded by agreement of the participants.

3.8. The Seller reserves the right not to accept an order for products placed on the Seller's web interface or at the Seller's store. The products listed here are for information only. By accepting these conditions, the participants exclude the use of § 1732 paragraph 2 of the Civil Code.

SPECIFIC RULES FOR INDIVIDUAL WAYS OF ORDERING

3.8. Electronic

3.8.1. The buyer makes orders through the e-shop, either once without registration or by registering through an electronic account.3.8.2. The seller reserves the right to issue an advance invoice in full for this form of order.

3.8.3. The buyer sets up an electronic account on the website www.gold365.eu (hereinafter only the account). The buyer is obliged to fill in the data according to 3.2 GTC and in case of changes to update this data. After opening an account, they will receive access data to the account from the Seller. The buyer is obliged to maintain the confidentiality of this information. The seller is not responsible for the loss or misuse of access data caused by the client's activities. The seller is entitled to cancel the account if it is used to misuse the services provided. The account is accessible 24 hours a day, except for scheduled maintenance, which the Seller notifies the Buyer in an appropriate manner within 2 days, or in case of unexpected events. In the event of unexpected events, the Seller shall notify the Buyer of the malfunction of the account immediately after their discovery.

3.9. In writing, by phone or email

3.9.1. The order can also be made in writing, by telephone or by e-mail. Immediately upon receipt of the order, the Seller shall respond in the same form whether the purchase contract is concluded or not and state the reason for non-acceptance.

3.9.2. The seller reserves the right to issue an advance invoice in full for this form of order.

3.9.3. The seller recommends that the buyer fill in the order form listed on the website www.gold365.eu.

4. PRICE AND PAYMENT

4.1. The price of the Fixed Price Products stated in the E-shop is the price at which the goods will be delivered to the Buyer and is the final price including all taxes and fees (with the exception of other costs according to the method of transport and payment).

4.2. The price of the Investment Products stated in the E-shop is not the final purchase price, but the price valid at the time of the order execution. Without undue delay after crediting the Deposit to the Seller's account, the Seller shall determine the final price according to the objective development of the prices of investment metals forming the subject of sale (corresponding to the data published in the E-shop) and notify the Buyer by telephone. The buyer is entitled not to accept the purchase price announced by telephone. In such a case, the Seller will no longer actively inform the Buyer about the development of prices. However, the Buyer is (based on the development of investment metal prices in the E-shop) at any time entitled to confirm the price by telephone on the Seller's telephone number +420 608 241 664 from 09:00 to 16:45 on working days or in person at the company's premises. By mutual agreement of this purchase price, the so-called fixation of the purchase price (hereinafter referred to as the "Price Fixation") will take place, and thus the final purchase price for the Investment Product will be determined. Price cannot be fixed on non-working days and public holidays in Western Europe.

4.2.1. - Price fixing can be realized immediately, namely:

(a) a personal visit to our stores by depositing cash, every working day in Ústí nad Labem from 09:00 to 16:45 (excluding public holidays) (b) by means of internet orders for which: cash on delivery is chosen or by transfer to a bank account, and only if: 1) the order is created during fixing hours (ie on working days from 9:00 to 16:45) and the total amount of investment products per customer does not exceed CZK 50,000 or more than 5 pieces of the same goods.2) the order is created outside the above fixing hours and the total amount of investment products for one customer does not exceed CZK 50,000 (c) If you require a deferred fixation in these cases, please state this, eg in a note Orders (d) The Seller reserves the right to cancel the price fixation of any orders for customers who have not paid any of the previous orders, did not pick up the package, or canceled the order without the Seller's consent.

The buyer has the opportunity for coins from the CNB to get these coins on the seller's website (www.bohemia-gold.cz) to order in the form of a pre-order. The Seller will send an advance invoice to the Buyer, while the final sale price will be communicated to the Buyer by email, telephone or in person after the issue of the given coin title. The Buyer does not have to accept the final price, of which the Buyer must immediately inform the Seller by email. The buyer is then refunded the deposit in full. In the event of non-compliance with the due date of the Advance Invoice or Issued Invoice, the Seller reserves the right to cancel the pre-order without any request. The seller also reserves the right to cancel the pre-order according to 3.5.

4.3. The price of unissued coins and medals is determined on the basis of expected prices of coins and medals. If there is an increase in prices by the CNB or another issuer and the Buyer has already paid the price in the amount of the expected selling price, the Seller reserves the right to charge the difference before delivery of the goods. In the event that the Buyer does not accept the price increase, he has the right to a refund of the full amount of the subscription already paid in the agreed manner.

4.4. Payment can be made in one of the following ways:

4.4.1. Investment products

(a) in cash at the Seller's premises, pursuant to Act No. 254/2004 Coll., only up to CZK 270,000 or its equivalent in a foreign currency based on the current CNB exchange rate. Higher amounts can only be paid by bank transfer, (b) payment by bank transfer to the Seller's bank account;

4.4.2. Fixed price products

(a) in cash at the Seller's premises, pursuant to Act No. 254/2004 Coll., only up to CZK 270,000 or its equivalent in a foreign currency based on the current CNB exchange rate. Higher amounts can only be paid by bank transfer, (b) payment by transfer to the Seller's bank account, (c) in the case of an order up to CZK 50,000, cash on delivery, where the Buyer pays the price upon receipt of the goods from the carrier; debit / credit card payment;

Payment by wire transfer can be made in case of personal receipt of the goods and when sent by the transport company.

4.5. In the case of payment according to 4.4.2 (d), the Seller does not accept debit / credit cards.

4.6. In the case of advance payment, the purchase price is considered paid after crediting the full amount of the purchase price of the ordered goods, including delivery costs to the Seller's account. The buyer is obliged to pay the total price of the order in advance, no later than 7 days from the date of completion of the order process (sending a confirmation message in electronic form or advance invoice). After the expiration of this period in vain, the order will be canceled by the Seller without compensation.

4.7. In the case of cash on delivery, the purchase price will be considered paid by paying the full amount of the purchase price of the ordered goods, including delivery costs in cash to an employee of the transport company (Czech Post, DHL, etc.).

4.8. The invoice issued on the basis of the Purchase Agreement also serves as an accounting (tax) document. The cost of transporting the goods to the place specified by the Buyer, or fees associated with making payment for the ordered goods (cash on delivery fee, etc.) are added to the price of the goods.

4.9. The seller is not a VAT payer.

4.10. The transport fee is charged according to the current price list of the transport company (České pošta a.s.).

4.11 The price for the shipment abroad will be determined according to the place of destination and will be stated in the order confirmation by the seller (or in the advance invoice). This price for the transport of the consignment will always include the insurance of the consignment up to the full value of the goods, or a fee associated with the payment for the ordered goods (cash on delivery fee, etc.), unless otherwise agreed.

4.12 Fees for individual delivery methods are listed on the E-shop website.

5. DELIVERY

5.1. The Seller sends the item of sale, which is in stock, to the Buyer without undue delay. The expected delivery time is 21 working days from the confirmation of the order by the Seller in the case of Fixed Price Products (or from the moment of payment of the purchase price, if the Buyer has chosen payment by bank transfer) and 21 working days from the price fixation in the case of Investment Products.

5.2. The Buyer acknowledges that the exact delivery time is beyond the Seller's objective control and may therefore be extended.

5.3. Delivery or acceptance of the ordered goods can be done in one of the following ways:

5.3.1. Personal collection at the Seller's premises; The seller reserves the right not to release the product until its full payment.

5.3.2. Transport by Czech Post, to the address specified by the buyer as delivery. The seller reserves the right to refuse to deliver the product if:

5.3.2.1. the address is obviously fictitious.

5.3.2.2. the buyer has repeatedly failed to pick up the product or return it for no reason.

5.3.2.3. delivery of the product is not possible due to its quantity, price or conditions of the transport company

5.3.3. If the Seller reserves the right to refuse to deliver the product by Czech Post, it must do soinform the Buyer in a suitable manner and propose another suitable method.

5.4. The shipment is always insured to the full value of the goods. The goods are sent as valuable writing, or as a valuable package. The insurance of the consignment and its form, the dispatch of the goods and the choice of the forwarding company are governed by this point, unless otherwise agreed.

5.5. The price for the shipment abroad will be determined according to the place of destination and will be stated in the order confirmation by the seller (or in the advance invoice). This price for the transport of the consignment will always include the insurance of the consignment up to the full value of the goods, or a fee associated with the payment for the ordered goods (cash on delivery fee, etc.), unless otherwise agreed.

5.6. Fees for individual delivery methods are listed on the E-shop website.

5.7. In the event that the Buyer does not receive the sent consignment, he must immediately inform the Seller of this fact.

5.8. If the buyer does not take over the product within 3 days, from the time when the goods were prepared at the premises, even after an additional request from the seller or returned as undelivered, the purchase contract expires, unless:

5.8.1. a deposit has been paid for the product, the Seller will send another invitation

5.8.2. The Seller and the Buyer agree otherwise.

5.9. If the purchase contract does not expire after the delivery thwarted by the Buyer, the Seller reserves the right to charge storage fees, according to the prices listed in the current price list on the website www.gold365.eu.

5.10. If the Seller and the Buyer agree on a new delivery of the product, the Seller reserves the right to charge the costs associated with the delivery (especially packaging, postage and product insurance) according to the price lists of the seller and the transport company.

5.11. If a larger quantity of the product than the one he ordered is delivered to the Buyer, he is obliged to pay for the goods, unless he rejects this larger quantity of the product without undue delay, within a maximum of 3 days. The buyer is obliged to return the product if requested by the seller.

6. WARRANTY, COMPLAINTS OF GOODS AND WITHDRAWAL FROM THE CONTRACT

6.1. If the Buyer is a Consumer, the goods are covered by the statutory warranty, resp. liability for defects that occur during the warranty period of 24 months. The Buyer's claims are governed in particular by the provisions of the Civil Code.

6.2. The Buyer shall file a complaint in writing, either by sending an e-mail to the address info@gold365.eu or to the address of the Seller's establishment:

Bohemia-gold.cz

Gold365, s.r.o.

Masarykova 3488/1

400 01 Ústí nad Labem

6.3. The buyer is obliged to file a complaint without delay after learning that the goods have defects. The Seller is not responsible for increasing the extent of damage if the Buyer uses the product and does not complain, even though he knows about the defect. The Buyer has no right to make a claim for a defect that was alleged in the past and was granted a discount, and at the same time the Buyer has no right to make a claim for a defect of which he knew at the time of taking over the product and took it over without reservations.

6.4. The complaint must contain the order number, a copy of the invoice and, in particular, a detailed description of the defect found.

6.5. The complaint will be settled by the Seller without undue delay, no later than within 30 days from the date of the complaint.

6.6. Withdrawal from the Purchase Agreement is possible only for the following reasons:

6.6.1. In the case of Fixed Price Products, the Buyer, who is the Consumer, has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code within 14 days of receipt of the goods, without giving a reason. This right does not serve as a way of resolving a claim for goods. The Buyer exercises this right by delivering the expression of will (it should be explicitly stated that the Buyer withdraws from the contract within the statutory period of 14 days) to withdraw from the contract to the seller no later than the 14th day after receipt of the goods, in writing. The goods can be delivered by personal return at the Seller's premises or through one of the carriers (eg Czech Post). In the event that the Buyer decides to withdraw from the contract, the following conditions must be met: (a) the returned goods are undamaged, fully functional and complete, including the original packaging (unless its nature precludes it); and (b) the goods are free of signs of wear and tear.

If the above conditions are not met, the Seller may claim compensation from the Consumer for the reduction in the value of the returned goods. The buyer will then be refunded the purchase price, less any compensation. Breach of packaging caused by normal unpacking of the product is not considered a reduction in the value of the goods. In the case of returning the goods through the transport service, the Buyer is obliged to return the goods to the address of the seller's premises:

Bohemia-gold.cz

Gold365, s.r.o.

Masarykova 3488/1

400 01 Ústí nad Labem

and also enclose the original sales document, warranty card for the goods, order number and bank account number to which the price of the goods is to be returned. For the returned goods, the Buyer will be refunded the purchase price without shipping costs. The financial amount will be sent to the bank account selected by the Buyer, no later than within 30 days of receipt of the returned goods.

6.6.2. In the case of Investment Products, after the Price Fixation, in accordance with the provisions of § 1837, lettermb) of the Civil Code excludes the withdrawal of the Buyer, who is a Consumer, according to § 1829 of the Civil Code (the consumer can not withdraw from the contract for the supply of goods or services whose price depends on financial market fluctuations regardless of the will ). Furthermore, after the Fixation of the Price, the withdrawal of the Buyer, who is a Consumer, is excluded according to § 1847, letter a) of the Civil Code (the consumer has no right to withdraw under § 1846 if the price of financial services depends on movements in financial market prices, which the entrepreneur cannot influence, such as services related to foreign exchange values ​​and investment instruments).

6.6.3. If the Buyer is an Entrepreneur, withdrawal is permissible only for the reasons stated in the Civil Code, especially in the provisions of § 2106 et seq.

6.7. Unsolicited shipments sent by cash on delivery will not be accepted.

6.8. The carrier assumes responsibility for the transport of the consignment. Upon receipt of the shipment, the Buyer always check that the packaging is intact and that the shipment does not show obvious signs of damage. In the event of damage to the packaging, the Buyer is obliged to notify the carrier of this finding and require him to draw up a report on the damage. Furthermore, the Buyer is obliged to notify the Seller of the finding of damage to the packaging. The seller will never be liable for damage to the goods during transport.

6.9. If the Buyer does not collect the claimed goods, even after the Seller's request, the Seller reserves the right to charge storage.

6.10. If the purchase contract is canceled due to a reason on the part of the Buyer, the Seller is entitled to charge a contractual penalty in the amount of 15% of the purchase price of the product. Section 1829 of the Civil Code is not a reason for frustration. The buyer acknowledges that in the case of charging additional fees, unless otherwise stated, 1) contractual penalty, 2) storage fee, 3) postage + packing, 4) purchase price is paid.

7. PERSONAL INFORMATION

7.1. The treatment of buyers' personal data is subject to personal data protection legislation, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 regulation on personal data protection. The principles governing the processing of your personal data are contained here or on the website www.gold365.eu.

7.2. The Seller undertakes not to sell, provide or provide any personal data and other entrusted data of the Buyer to a third party, nor to use them in any way for a commercial offer unrelated to the E-shop without the consent of the owners of such data and data. The entrusted personal data and other data are used only for the internal needs of the E-shop (for the purpose of successful fulfillment of the Purchase Agreement) and for mutual improvement of communication between the buyer and the seller.

7.3. Personal data and other data will be deleted from the Seller's database at the request of the Buyer. The buyer also has the right to access their personal data and the right to correct them, including other legal rights to this data.

7.4. The Seller is entitled to pass on the Buyer's data necessary for the delivery of goods to external carriers.

8. CUSTOMER VERIFIED SERVICE

8.1. We determine your satisfaction with your purchase via e-mail questionnaires within the Customer Verified program in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified Customer program on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail questionnaire. In case of your objection, we will not send you the questionnaire further.

9. EXTRAORDINARY DISPUTE RESOLUTION

9.1. The parties try to resolve all disputes that arise between the Buyer and the Seller amicably.

9.2 In the event that the dispute cannot be settled amicably, according to OchSpoř, the Buyer, who is a consumer, has the right to an out-of-court settlement under this contract. According to OchSpoř, the subject of out-of-court consumer dispute resolution is the Czech Trade Inspection Authority (www.coi.cz).

9.3. The details of the proposal for initiation are specified in § 20n OchSpoř. The buyer-consumer shall state the identification data of the parties, fully and clearly describe the decisive facts, indicate what he demands, the date of assertion of his claim with the provider. The proposal must be accompanied by proof that the dispute has not been settled amicably.

9.4. The buyer - the consumer may exercise his right before the Czech Trade Inspection Authority within 1 year from the date on which he exercised his right before the provider.

10. FINAL PROVISIONS

10.1. Unless these Business Terms and Conditions provide otherwise, the relations not regulated by these Business Terms and Conditions between the Seller and the Buyer, who is a Consumer, shall be governed by the provisions of the Civil Code.

10.2. This version of the Terms and Conditions replaces all previous versions.

10.3. The conditions are published on the website www.gold365.eu and are also available at all branches of the provider.

10.4. The Provider reserves the right to change the GTC by announcing a new wording of their parts or a complete new wording, if the relevant legislation has changed, if it eliminates typographical or numerical errors, if the change of GTC is not to the detriment of the client or if it changes or otherwise modifies the provider's rights and obligations. or the client, as well as for other reasons. The new version of the GTC shall enter into force and effect on the thirtieth (30th) calendar day after the day of their proper publication, or on the day so marked at the time of their publication, if this day occurs later. The Provider publishes the OP on the Internet address www. bohemia-gold.cz. If the client does not agree with the change of the OP made in accordance with this point, the client is obliged to deliver to the provider his written disagreement with the new wording of the unilaterally changed OP, before the new wording of the unilaterally changed OP takes effect.

10.5. These conditions become valid and effective upon publication.

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