Terms and Conditions
Moshna UK Ltd for the sale of goods in the internet shop, www.moshna.co.uk
I. DEFINITIONS OF TERMS
1.1 For the purposes of these Business Terms and Conditions (hereinafter referred to as "OPs"), the following terms are written with a capital letter as shown below:
TGI means the company Moshna UK Ltd, 18a/20, King Street, Maidenhead, England, SL6 1EF, Company Registration Number: 07909141, VAT Registration Number: 315232834 only "TGI".TGI is a business entity whose business is, inter alia, manufacturing, trade and services not listed in appendices 1 to 3 of the Trade Licensing Act.TGI trades, among other things, with silver jewellery and, for this purpose, operates an internet shop at www.moshna.co.uk.
TGI is registered with the Assay Office as a precious metal merchant, registration number 13323.
TGI is also referred to as the "Seller" in these OPs.
E-commerce means a TGI shop on www.moshna.co.uk, which offers the opportunity to buy silver jewellery.
Buyer means any natural or legal person who has entered into a purchase contract in the TGI Internet shop that is governed by these OPs.
If the Buyer is a natural person who does not purchase goods in the Internet shop in the course of his business, he is in the sense of § 419 of Act No. 89/2012 Coll., The Civil Code, as amended by the consumer.
A consumer is any person who, outside of his / her business or outside the scope of the independent exercise of his / her profession, concludes a contract with or deals with the entrepreneur.
Goods means silver or other jewellery offered by TGI for sale in the online store.
Purchase agreement means a contract for the purchase of Goods concluded within the Internet trade between TGI and the Buyer in the manner described in these OPs.
Purchase price means the final cost provided by the Seller, which, in addition to the purchase price of the Goods, includes the cost of packing and shipping the Goods, if they are charged, including the insurance of the consignment, and other fees associated with the payment of the Purchase Price of the Goods, if charged.
Personal information means the name and surname, date of birth, residence, e-mail address, telephone number and any other details of the Buyer's person listed in the order.
The Civil Code means Act No. 89/2012 Coll., The Civil Code, as amended.
2.1 TGI enters into a Buyer Purchase Agreement on the basis of which TGI delivers selected Goods to the Buyer and Buyer undertakes to pay TGI for the Goods Purchased Price.
2.2 These OPs govern, in accordance with Section 1751 of the Civil Code, the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract concluded between TGI and the Buyer through the internet trade.
2.3 All contractual relationships are concluded in accordance with the legal order of the Czech Republic.Relationships not governed by the OP are governed by the Civil Code and, as the case may be, also by Act No. 634/1992 Coll., On Consumer Protection, as amended.
2.4 With these OPs and the Complaint Rules, the Buyer is obliged to become acquainted with the Purchase Agreement, prior to the confirmation of the order.
2.5 The Tender Agreement between the TGI and the entrepreneur applies to these contracts in a reasonable manner.Where the Buyer is a legal person or person acting on the ordering of goods in the course of their business activities or in the course of their self-employment, the provisions of these OPs which are based on the Consumer Protection Act and those which derive from the relevant provisions Of the Civil Code on consumer protection.
2.6 Provisions deviating from the OP may be negotiated in the Purchase Agreement.Distinctive arrangements in the Purchase Agreement take precedence over the provisions of the OP.
2.7 The provisions of the OP are an integral part of the Purchase Contract.The Purchase Contractand theOP are drawn up in the Czech language.The purchase contract can only be concluded in the Czech language.
2.8 TGI is entitled to change or amend the wording of the OP at any time.This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the OP.
III.COMMUNICATION BEFORE CONCLUDING THE AGREEMENT
3.1 TGI states that
a) the cost of electronic communication does not differ from the basic rate (in case of internet and dial-up connection according to conditions of the provider of telecommunicationandInternet services), TGI does not charge any additional fees;this does not apply to postage, packaging and insurance costs born by the Client at the Purchase Price;
b) Prices are quoted on the E-commerce website, including any fees set by law, however, the cost of delivery of the goods or service varies according to the delivery method and delivery provider chosen and the method of payment;These costs will be reported (automatically generated) in the order form prior to confirmation by the Buyer.
c) any contract documents and other documents relating to the relationship between TGI and the Buyer will be stored in the TGI electronic archive and Buyer will not have access to this archive.The Purchase Contract in the form of recapitulation (confirmation) of the order, including the valid OP, will be sent to TGI by the Buyer by e-mail within one working day of the conclusion of the Purchase Contract.
(d) TGI is not bound by any formalized codes of conduct in relation to the Buyer within the meaning of Section 1826 (1)e) the Civil Code;
e) out-of-court complaint handling of Buyer-Consumers is ensured by TGI via an electronic claim form at www.moshna.co.uk/reklamace.Buyer TGI complaint information will be sent to the email address specified in the order;
f) TGI is authorised to sell the Goods on the basis of a trade license.The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office.Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection.The Czech Trade Inspection exercises, inter alia, supervision of the observance of the Consumer Protection Act and deals with out-of-court consumer complaints in the manner and under the conditions laid down by the relevant legislation;
g) resolution of any disputes arising out of the Purchase Agreement, unless they are settled out of court, shall be subject to the jurisdiction of the competent and local court in accordance with the applicable laws of the Czech Republic.The applicable law is the legal order of the Czech Republic.
IV.CLOSING OF THE BUYER CONTRACT
4.1 All presentations of the Goods located on the Internet shop website are informative and TGI is not obliged to conclude the Purchase Agreement for this Goods.Section 1732 (2) of the Civil Code does not apply.Exchanging goods in the online store is not an offer to enter into a sales contract.
4.2 The on-line shop contains information about the Goods, including the prices of individual Goods.Prices The goods are listed including VAT and all related fees.Product prices remain valid for as long as they are displayed on the ecommerce website.This provision does not limit the possibility for TGI to conclude a sales contract for individually negotiated terms.
4.3 The online store also publishes information about the costs associated with the packaging and delivery of the Goods.Information on the costs associated with the packing and delivery of the goods listed on the e-commerce website is valid only in cases where the goods are delivered within the territory of the Czech Republic or the Slovak Republic.
4.4 The Buyer orders goods with TGI by filling out an order form in the Online Store.In the order, the Buyer will specify the type, quantity, price of the Goods, delivery method, payment method, and fill in all the information indicated by the TGI as mandatory.The order process is confirmed by submitting the order form and confirming the Purchase Order form byclicking on the "CONFIRM ORDER" link.The order form can not be confirmed without the Buyer providing all the details indicated by the Seller as mandatory.By clicking on the "CONFIRM ORDER" link, the Buyer declares (makes a clear, understandable and certain expression of his / her free and serious will, without any misconduct or any coercion) that he/she has become acquainted with the OP and the Complaint Procedure and both agree with them and consider them binding.
4.5 In addition to the information provided in Section 4.4 of these POs, the order form contains information about the costs associated with the delivery of the Goods, personal data of the Buyer, ie the name, surname, billing address or contact address and contact details of the Buyer (e-mail address, telephone).
4.6 Before the order is confirmed, the Buyer is always permitted (and recommended by TGI) to check the data filled in the order form and to change it if necessary, also with regard to the Buyer's ability to detect andcorrect the errors that occurred when entering the data into the order.The order will be sent by the Buyer to the Seller by clicking the "CONFIRMORDER" button.
4.7 The data listed in the order they are deemed correct by the seller.After receiving the order, the Seller will acknowledge receipt of this receipt to the Buyer by e-mail, to the Buyer's e-mail address given in the order.
4.8 The seller is always entitled to ask Buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transportation costs).
4.9 The Purchase Agreement is concluded between TGI and the Buyer at the moment of receipt by TGI (Acceptance) of the Purchaser's Purchase Order confirmation, which is sent by electronic mail pursuant to paragraph 4.7 of these Terms and Conditions to the Purchaser.
4.10 Information on the individual steps leading to the conclusion of the Purchase Contract is evident from these OPs.
4.11 The conclusion of the Purchase Contract without negotiation of all its requirements stipulated by the Civil Code is excluded in the sense of Section 1726 of the Civil Code.
4.12 In addition, TGI, in accordance with the provisions of Section 1740 (3) of the Civil Code, excludes acceptance of an offer with an addendum or a deviation.
4.13 The buyer bears full responsibility for the factual accuracy of delivery and billing information.
4.14 Purchase agreements are concluded only in the Czech language and under Czech law, unless the parties agree otherwise in writing.
4.15 The Buyer notes that TGI is not obliged to enter into the Purchase Agreement, in particular with persons who have substantially violated any of TGI's previously contracted or OPs.
4.16 Buyer agrees to use remote means of communication when concluding the Purchase Agreement.
V. SPECIAL PROVISIONS CONCERNING THE CONCLUSION OF THE BUILDING AGREEMENT BETWEEN THE ENTREPRENEUR
5.1 If the Buyer is an entrepreneur under paragraph 2.5 of these OPs, he is authorised to place an order within the Internet shop only if he / she completesandsubmits the registration form.Based on Buyer's registration made in the Online Store, the Buyer will create auser account through which the Buyer will be able to execute individual Goods orders.
5.2 When registering on a web site and ordering goods, the Buyer is obliged to provide all data correctly and accurately.The data specified in the user account is the Buyer is obliged to update upon any change.Data provided by the Buyer in the user account and when ordering the goods are considered correct by the seller.
5.3 Access to the user account is secured by user name and password.Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
5.4 The buyer is not authorised to allow the use of the user account to third parties.
5.5 The seller may cancel the user account, especially if the Buyer does not use his user account for more than 12 months or if the Buyer violates his obligations under the Purchase Agreement or OP.
5.6 The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of TGI hardware and software equipment,necessary maintenance of hardware and software of third parties.
VI.BUY PRICE AND PAYMENT CONDITIONS
6.1 Purchase prices Goods are valid at the time of the order form.The purchase price then consists of the purchase price of Goods and the cost of packaging and delivery of Goods (including insurance) if they are charged.The purchase price quoted as the price resulting in the order form is the final price for the duration of the order form, ie all taxes and charges that the Buyer undertakes to purchase and deliver the Goods to pay.
6.2 TGI reserves the right to change Product Prices in the Online Store.For the conclusion of the Purchase Contract with the Buyer, the decisive price of the Goods, which is valid at the moment the Buyer clicks the "CONFIRMORDER" button.In the event that the price of the Goods changes between the insertion of the Goods into the basket in the Online Store and clicking on "CONFIRMORDER", the buyer will be notified of the fact before confirming the order.
6.3 The Buyer pays the Buyer to the seller at the option specified in the order in one of the following ways:
in cash on delivery at the place specified by the Buyer in the order (valid only for the delivery in the Czech Republic)
card online - non-cash by internet payment card
6.4 TGI does not require an advance or other similar payment from the Buyer.This is without prejudice to the provisions of Article 6.5 of the OP regarding the obligation to pay the Purchase Price of the goods in advance.
6.5 In the case of cash on delivery, (Czech Republic only),the Purchase Price is payable upon receipt of the Goods.
6.6 TGI is entitled, in particular, in the event that Buyer does not receive additional confirmation of an order pursuant to paragraph 4.8 of these OPs, request the payment of the entire Purchase Price before sending the Goods to the Buyer.Paragraph 2119 (1) of the Civil Code does not apply.
6.7 Any discounts on the price of goods provided by TGI to the Buyer can not be combined unless TGI provides otherwise in a specific case.
6.8 If it is customary in the course of trade or if it is provided for by generally binding legal regulations, TGI will issue a tax invoice to the Buyer on the Purchase Contract.TGI is a taxpayer of value added tax.Tax document - Issuance of the invoice to TGI Buyer upon payment of the Purchase Price and sending it in electronic form to Buyer's e-mail address
6.9 In the event that the Buyer is a businessman who concludes a Purchase Agreement with TGI in the course of his business in accordance with Article V of these OPs, he / she will pay the Purchase Price on the basis of the TGI invoice that will be dispatched to him / her with the Goods.The invoice's due date will be 14 days from the date of dispatch.
VII.DELIVERY OF GOODS
7.1 Acoording to the Purchase Agreement, TGI undertakes to deliver to the Buyer the Goods stated in the order within the term according to these OP in the manner specified in the order and the Buyer undertakes to take Goods from TGI and the selected carrier at the agreed place of delivery.The delivery of the Goods is conditional upon the payment of the entire Purchase Price at the latest upon receipt of the goods shipment, except for the Buyers - Entrepreneurs to whom the provisions of paragraph 6.10 of these OPs apply.
7.2 In the event of the conclusion of the Purchase Contract in the TGI Internet Store under OP, the maximum delivery time of the Goods purchased is 5 weeks from the conclusion of the Purchase Contract.
7.3 TGI will inform about the expected delivery time of each individual Goods on the Ecommerce website, but this time limit is not binding.In the case of delivery of the Goods, the TGI will, within the delivery time, notify the Buyer when it will, respectively.that the Goods is ready to be picked up at a chosen location.This notice will be sent to TGI by the Buyer through an e-mail message.
7.4 Delivery method The Buyer chooses one of the following:
delivery to Buyer's address specified in the order
7.5 Goods will be delivered to the Buyer by the Czech Post, sp or other carrier designated by TGI.Carriage is subject to and subject to restrictions in accordance with the transport regulations and contractual conditions of the Czech Post or other designated carrier.Goods will be insured during transportation.
7.6 In the event that the delivery method of the Goods is chosen by the Buyer, the Buyer bears the risk and any additional costs associated with this delivery.
7.7 In the event that, for reasons on the Buyer's side, the Goods have to be delivered repeatedly or in any other way than stated in the order, Buyer is obliged to pay the costs associated with the repeated delivery of the Goods, respectively.costs associated with another delivery method.
7.8 Delivering Goods under these OPs means the moment of delivery of the Goods to the Buyer in accordance with the Purchase Agreement.
7.9 Unjustified Refusal of Buyer Goods is not considered to be a failure to deliver the Goods by TGI.
7.10 Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the Goods' packaging and, in case of any defects, to notify the Carrier without delay and to describe it shortly in the delivery note upon confirmation.The buyer will check in particular the number of packages, damage to the envelope or box, etc. according to the enclosed shipping slip.The buyer is entitled to refuse to accept a consignment if it does not conform with the purchase contract, with the parcel being incomplete or damaged.If the Purchaser has received such a damaged shipment from the carrier, it is necessary to describe the damage of the consignment in the delivery note of the carrier (delivery note).By signing the delivery note without checking the buyer confirms that the shipment of Goods is correct and any later complaint about the shipment may not be taken into account.
7.11 The Buyer acknowledges that TGI sends goods to numerouse, so the Customer must enter a vaild address to which the Goods are to be delivered upon purchase.
7.12 The delivery costs are born by the Buyer and will be notified of their amount in the order form prior to its confirmation.
7.13 Goods ownership is transferred from TGI to the Buyer at the time of delivery of the Goods to the shipper, or at the time of delivery of the Goods to the Purchaser if the Goods are taken personally by the Buyer at any of TGI's premises.
7.14 If the Purchaser is a Buyer and the Purchase Price for the Goods is paid in accordance with paragraph 6.10 of these OPs after delivery, TGI reserves the right, in accordance with Section 2132 of the Civil Code, to transfer the ownership right to the Buyer until the Purchase Price has been fully paid.
VIII.RIGHTS OF FAULT FULFILLMENT
8.1 The rights and obligations of the parties to the rights of faulty performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
8.2 Seller agrees to the Buyer that the goods are not defective upon receipt.If a defect occurs within six months of the takeover, it is assumed that the Goods were defective already at takeover.Buyer is entitled to claim the right to a defect that occurs with Goods within twenty-four months of the takeover.
8.3 The procedure for complaining Goods defects, as well as the conditions of the claim, is regulated by the "ComplaintRules", with which the Buyer is obliged to become acquainted before the conclusion of the Purchase Contract and which is part of these OPs.
IX.WITHDRAWAL FROM THE BUILDING AGREEMENT
9.1 The Purchaser acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, to withdraw from the Purchase Contract for the delivery of Goods adjusted for the Buyer's or his person's wishes from the purchase contract for the delivery of goods in sealed packaging which the Buyer has removed from its packaging and for hygienic reasons it can not be returned.
9.2 In the case not referred to in the preceding paragraph or in another case where the applicable law can not be withdrawn from the Purchase Agreement, the Purchaser shall, in accordance with Section 1829 (1) of the Civil Code, withdraw from the Purchase Contract, up to fourteen 14) days after the receipt of the goods, where, in the case where several types of Goods or the delivery of several items are subject to the Purchase Agreement, this period shall run from the date of the last delivery of the Goods.Withdrawal from the Purchase Agreement must be dispatched to the Seller within the deadline specified in the previous sentence.In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex tothese OPs.Withdrawal from the Purchase Contract may be made by the Buyer, inter alia, to the address of the seller's premises or to the Seller's e-mail address.
9.3 In the event of withdrawal from the Purchase Contract pursuant to paragraph 9.2 of the OP, the Purchase Contract shall be canceled from the outset.Goods must be returned to the Seller within 14 (fourteen) days of withdrawal.If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs of returning the Goods to the Seller.
9.4 In the event of withdrawal under paragraph 9.2 of the Buyer, the Seller shall refund the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller has accepted from the Purchaser, unless the parties agree otherwise.The Seller is not obliged to return the received funds to the Buyer before the Purchaser returns it or proves that the Goods have been dispatched to the Seller.
9.5 The Seller is entitled to indemnify the Seller against the Buyer's claim for repayment of the Purchase Price.
9.6 Upon the takeover of the Goods by the Buyer or the delivery of the Goods to the Carrier, the Seller is entitled to withdraw from the Purchase Agreement at any time.In such a case, the Seller shall return the Purchase Price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
9.7 If a gift is offered to the Buyer together with the Goods, the Gift Agreement between the Seller and the Buyer is concluded with the condition that the Buyer withdraws from the Purchase Agreement, the Gift Agreement shall be terminated in respect of such Gift, and the Buyer shall return the Goods to the Seller the provided gift.
X. PROTECTION OF PERSONAL DATA
10.1 Buyer information is kept in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act 101/2000 Coll.as subsequently amended and supplemented.
10.2 By submitting a registration form or order confirmation, the buyer agrees to process and collect his personal data in the TGI database until he or she expresses his or her opposition to such processing irrespective of whether the Purchase Agreement has ceased to meet the obligations arising therefrom or otherwise.
10.3 Protection of personal data of the Purchaser, who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
10.4 The buyer agrees to process these personal data: name and surname, address, address and billing address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personaldata").
10.5 Buyer agrees to the processing of personal data by the Seller for the purpose of implementing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account.If the Buyer does not choose another option, he agrees with the processing of personal data by the Seller also for the purpose of sending informationandcommercial communications to the Buyer.Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude the Purchase Agreement.
10.6 The buyer acknowledges that he is required to state his / her personal data (when registering, in his user account, when ordering within the Internet shop) correctly andtruthfully and that he is obliged to inform the Seller of any change in his / her personal data without undue delay.
10.7 The Seller may authorise the third party to process the Buyer's personal data as processor.In addition to persons transporting the Goods, no personal data will be passed on to the third party by the Seller without the Buyer's prior consent.
10.8 Personal data will be processed indefinitely.Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
10.9 The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
10.10 Should the Buyer believe that the seller or processor (Article 10.7) carries out the processing of his or her personal data contrary to the protectionof the Buyer'sprivateandpersonal life, or in contravention of the law, especially if personal data are inaccurate with respect to for the purpose of their processing, may:
to ask the Seller or processor for an explanation,
require the Seller or processor to remove the resulting condition.
If the Buyer asks for information about the processing of his personal data, the Seller is obliged to provide this information.Seller has the right to provide information under the preceding clause to request reasonable compensation not exceeding the costs necessary to provide the information.
10.11 In order to improve customer care, so-called cookies are used on the TGI website.Cookies are small text files that are stored on a computer, smartphone, or other customer's device to access the Internet when visiting a website.This data does not contain any personal data and serves solely to monitor and evaluate traffic on the website and to improve the services provided by TGI.
10.12 Cookies are stored based on the customer's agreement that the customer can set their browser to warn them to download cookies or not accept cookies at all.However, disabling cookies may limit the proper functionality of www.moshna.co.uk.However, certain TGI services may require the storage of cookies and, in the case of a refusal to store cookies, the customer will not be entitled to use such services.
11.1 The buyer hereby takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
11.2 TGI text may be amended or supplemented.This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
11.3 All information, data, computer programs, graphicandvisual elements and design placed in the Internet Store or through which the Internet Store is presented are part of TGI's industrial and intellectual property.
11.4 These OPs are governed by all Purchase Agreements between the Buyer and the TGI concluded within the TGI Internet Store.The individual provisions of these OPs shall always apply unlessotherwise agreedin a particularPurchase Agreement.The provisions of the specific Purchase Agreement between TGI and the Buyer take precedence over the provisions of these OPs.
11.5 If any provision of the OP is invalid or ineffective, or becomes so, instead of invalid clauses, a clause giving meaning to the invalid provision approximates as much as possible.The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.Changes and additions to any Purchase Agreement entered into between TGI and the Buyer, which includes these OPs, always require a written form.
11.6 Contact details are available at www.moshna.co.uk.All documents sent to the other party in connection with the Purchase Agreement will be deemed to have been delivered on the 2nd business day following their dispatch by electronic mail to the e-mail address of the other Contracting Party.
11.7 These OPs are effective from 18.11.2015
Business conditions in PDF format can be download here.