TERMS AND CONDITIONS
of the
business company Alchymist, s.r.o.
with its registered office at
Vlašská 24, 118 00 Prague 1
Identification Number:
25149148
registered in the Commercial Register maintained by the
Municipal Court in Prague, Section C, Insert 53707
for the sale
of goods through the online shop located at the internet address
www.alchymist-shop.cz
1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the business company Alchymist, s.r.o., with its registered office at Vlašská 24, 118 00 Prague 1, Identification Number: 25149148, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 53707 (hereinafter referred to as the "Seller") govern, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at the internet address www.alchymist-shop.cz (hereinafter referred to as the "Website"), through the interface of the website (hereinafter referred to as the "Web Interface of the Shop").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent profession when ordering goods.
1.3. Provisions diverging from the Terms and Conditions may be agreed upon in the Purchase Contract. Diverging arrangements in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
2. Conclusion of the Purchase / Mediation Contract
2.1. All presentations of goods located in the Web Interface of the Shop are of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.
2.2. The Web Interface of the Shop contains information about the goods and services, including the prices of individual goods and the costs of returning the goods if these goods, by their nature, cannot be returned by the usual postal route. The prices of goods are listed including value-added tax and all related fees. The prices of goods and services remain valid for as long as they are displayed in the Web Interface of the Shop. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually negotiated conditions.
2.3. The Web Interface of the Shop also contains information about the costs associated with the packaging and delivery of goods and services.
2.4. To order goods, the Buyer shall fill out the order form in the Web Interface of the Shop. The order form contains, in particular, information about:
2.4.1. the ordered goods (the Buyer "places" the ordered goods into the electronic shopping cart of the Web Interface of the Shop),
2.4.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods, and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
2.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, also with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the "Complete Order" button. The data specified in the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by electronic mail to the Buyer's electronic mail address specified in the Order (hereinafter referred to as the "Buyer's Electronic Address").
2.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
2.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
2.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.
3. Price of Goods and Services, Payment Conditions
3.1. The price of the goods and services and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash at the Seller's premises at the address Alchymist Grand Hotel and Spa, Tržiště 19, 118 00 Prague 1;
by cashless payment card;
3.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall further include the costs associated with the delivery of goods.
3.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of payment in cash, the purchase price is payable upon receipt of the goods at our collection point. We do not provide cash on delivery (COD) sales.
3.5. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
3.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 2.6), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119, Paragraph 1 of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
3.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a payer of value-added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4. Withdrawal from the Purchase Contract (Continued)
4.2. Unless it is a case specified in Article 4.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right, in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days from the receipt of the goods. In the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other options, to the address of the Seller's premises or to the Seller's electronic mail address at info@alchymist-shop.cz.
4.3. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from its inception. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods, by their nature, cannot be returned by the usual postal route.
4.4. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods to the Seller.
4.5. The Seller is entitled to unilaterally set off any claim for damage caused to the goods against the Buyer's claim for a refund of the purchase price.
4.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, up until the time the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.
4.7. If a gift is provided to the Buyer together with the goods, the donation contract between the Seller and the Buyer is concluded with a condition subsequent, meaning that if the Buyer withdraws from the Purchase Contract, the donation contract regarding such a gift ceases to be effective, and the Buyer is obliged to return the provided gift along with the goods to the Seller.
5. Transport and Delivery of Goods
5.1. Electronic gift certificates are delivered to the email address specified in the order, usually within a few minutes of the payment being credited, but no later than within 24 hours.
5.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
5.3. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery, respectively.
5.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
5.5. Other rights and obligations of the parties during the transport of goods may be governed by special delivery conditions of the Seller, if issued by the Seller.
6. Rights from Defective Performance
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant 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, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
6.2.1. the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, they have such characteristics as described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
6.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
6.2.4. the goods are in the appropriate quantity, measure, or weight, and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. The provisions set forth in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if it follows from the nature of the goods.
6.4. If a defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
6.5. The Buyer shall assert the rights from defective performance with the Seller at the address of their premises where the acceptance of a claim is possible with regard to the assortment of goods sold, or also at the registered office or place of business.
6.6. Other rights and obligations of the parties related to the Seller's liability for defects may be governed by the Seller's Complaints Procedure.
7. Other Rights and Obligations of the Contracting Parties
7.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, Paragraph 1, Letter e) of the Civil Code.
7.3. The handling of consumer complaints is ensured by the Seller via the electronic address info@alchymist-shop.cz. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.
7.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.
7.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
7.6. The Seller is entitled to sell goods on the basis of a trade license. Trade licensing inspections are carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.
8. Protection of Personal Data
8.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the Buyer's personal data for the purposes of performing the Purchase Contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the Seller's public law obligations, by means of a separate document.
9. Sending of Commercial Communications and Storage of Cookies
9.1. The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purposes of sending commercial communications by means of a separate document.
9.2. The Buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the Website can be made and the Seller's obligations under the Purchase Contract can be fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent given under the previous sentence at any time.
10. Final Provisions
10.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.
10.2. By choosing the law pursuant to Article 10.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to them by the provisions of the legal order from which it is not possible to deviate contractually, and which would otherwise apply in the absence of a choice of law pursuant to Article 6, Paragraph 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning comes as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
10.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.5. The model form for withdrawal from the Purchase Contract constitutes an annex to the Terms and Conditions.
10.6. Contact details of the Seller: delivery address Alchymist Shop, Tržiště 19, 118 00 Prague 1, electronic mail address info@alchymist-shop.cz, telephone 257286011.
In Prague on December 1, 2022
