info@bessergold.cz Tel: +420 224 212 000

General business conditions for consumers

General Terms and Conditions for Consumers These general terms and conditions for consumers (hereinafter referred to as "terms and conditions") apply to contracts concluded through the online store BESSERGOLD.cz located on the web interface www.bessergold.cz (hereinafter "web interface") between our company:

 

BESSERGOLD Trading s.r.o. organizational unit, with its registered office in Prague 1 - Nové Město, Václavské náměstí 834/17, postal code 11000

ID: 11881119

VAT number: CZ118119

entered in the Commercial Register kept by the Municipal Court in Prague, Section C 355855

delivery address: Václavské náměstí 834/17, Prague 1, 110 00

telephone number: +420 224 212 000

contact e-mail: info@bessergold.cz

as a seller

 

and you as a buyer.

 

1. INTRODUCTORY PROVISIONS

1.1. Summary of business conditions

 

By the purchase contract, we undertake to supply you with the goods (especially ingots and coins made of gold, silver, platinum and palladium) specified in the order and you undertake to take over these goods and pay us the purchase price. In order to conclude the contract, you need to place an order and have it accepted by us (according to Article 2). Information on prices can be found in Article 3. Possible methods of payment and delivery can be found in Articles 4 and 5. Information on the possibility of withdrawing from the contract after taking over the goods is in Article 6. The conditions of purchase of goods by us are given in Article 7. our Consumer Complaints Procedure.

 

1.2. Is it a consumer contract?

It is a consumer contract if you are a consumer, ie if you are a natural person and you buy goods outside the scope of your business or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions, but you are subject to the General Terms and Conditions for Entrepreneurs and Legal Entities.

 

1.3. What governs our mutual rights and obligations?

First of all, the contract, which consists of the following documents:

- these terms and conditions, which define our mutual rights and obligations;

- Complaints procedure for consumers, according to which we will proceed when complaining about goods;

- The Privacy Policy, which governs the protection of your personal information;

- the conditions and instructions are given on the web interface, in particular when concluding the contract;

- the order and its acceptance by us,

 

and in matters not regulated by the contract, our mutual rights and obligations are governed by Czech law, in particular, the following legal regulations:

- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code");

- Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

 

If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech law, then you are provided with this higher level of protection.

 

1.4. How do you agree to the terms and conditions?

By sending the order form and also by confirming on the web interface, you confirm that you have read and agree to these terms and conditions.

 

1.5. What else should you know about business conditions?

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, the provision that most closely resembles it shall apply instead. This does not affect the validity of the other provisions.

 

We may change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose. Business conditions can only be changed or supplemented in writing.

 

 

2. PURCHASE AGREEMENT

2.1. How do we conclude a purchase agreement?

In order to conclude the contract, it is necessary that you place an order in accordance with these terms and conditions and that this order is approved by us and you. Please note that the presentation of goods on the web interface is of an informative nature and it is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code.

 

2.2. How to submit a non-binding request and subsequently a binding order?

You can submit a non-binding request by filling out the order form on the web interface, via e-mail or telephone or in another way that we allow according to the current information provided on the web interface. Submitting the order form from the web interface does not conclude the contract. The price stated when filling out the order form is only indicative and may change.

 

After receiving a non-binding request, we will contact you by phone during our working hours without undue delay and provide you with an answer containing in particular information about the final price, which may differ from the price according to the previous sentence. If you agree with the conditions proposed by us according to this article, you can place a binding order by phone. At this point, the price is fixed.

 

After you submit a binding order, we will immediately send you a summary of the order by e-mail, including the final price (depending on the method of payment and shipping). Inform us immediately by phone or e-mail about any change in data.

 

We would like to inform you that the prices of investment gold are stated without VAT, as its sale is exempt from value-added tax in accordance with the provisions of Section 92 of Act No. 235/2004 Coll., On Value Added Tax, as amended.

 

2.3. Can you cancel or change an order that has already been sent?

You can cancel or change an order that we have not yet received by phone or email. All orders received by us are binding. Later cancellations or changes to the order are only possible in agreement with us. If the order for goods in respect of which it is not possible to withdraw from the contract is thus cancelled (for more details in Article 6), we are entitled to reimbursement of costs that we have already incurred in connection with the contract.

 

2.4. How do you know that we have received the order and when is the contract concluded?

We will inform you about the receipt of the request. The information about the receipt of the request is sent automatically and it is not an acceptance of the order by us.

 

The purchase contract is concluded when we mutually agree on the essentials of the contract, especially the final price. If no agreement is reached, the contract is concluded when you take over the ordered goods.

 

2.5. Do you have the opportunity to obtain a contract in text form?

The documents forming the contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to reimburse the costs involved.

 

We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

 

 

3. PRICE

3.1. Can the price of the web interface change?

If the price stated for the goods on the web interface or during the ordering process is no longer current, we will immediately notify you of this fact, in accordance with Article 2.2. these terms and conditions.

 

In the event that there is a clear technical error on our part when stating the price of the goods on the web interface or during ordering, we are not obliged to deliver the goods at this obviously wrong price due to the appearance of our legal action under § 552 of the Civil Code, event. for error according to § 571 of the Civil Code.

 

 

4. PAYMENT TERMS

4.1. What payment methods do we accept?

 

You can pay the purchase price in the following ways:

- in cash at the personal collection;

- cashless before delivery of goods by transfer to our bank account (instructions will be communicated to you directly on the invoice.

 

Payment methods and any fees associated with some payment methods are listed on the web interface.

 

4.2. When does the purchase price become due?

In the case of payment in cash, the price is payable upon receipt of the goods. In case of non-cash payment before delivery of the goods, the price is payable within 2 days of receipt of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price at the due date, we reserve the right to withdraw from the contract.

 

4.3. Can we request a deposit or prepayment?

Please note that in accordance with § 2119 paragraph 1 of the Civil Code, we are entitled to ask you to pay the full price of the goods (or deposit) before sending or handing over, for example, for goods whose price exceeds CZK 100,000.

 

4.4. How do we issue receipts in connection with electronic sales records and tax documents?

By agreeing to these terms and conditions, you give us your consent to the issuance of a receipt pursuant to Act No. 112/2016 Coll., On the registration of sales, as amended, and the tax document in electronic form.

 

 

5. TERMS OF DELIVERY

5.1. How do we send goods?

The methods of delivery of goods, including the number of costs for delivery of goods and possible insurance, are listed on the web interface. You can choose a specific method of delivery of goods in the order form.

 

The order will state the price, which already includes the costs of the selected mode of transport, including insurance.

 

5.2. When will we deliver the goods to you?

The delivery time of the goods always depends on their availability and on the chosen method of transport and payment. However, we cannot influence the delivery time of the goods by external carriers. In case of problems regarding the delivery time, contact us and we will resolve the situation with the carrier.

 

We usually ship the goods within one working day from receipt of the order (cash on delivery or personal collection), or from crediting the payment to our account (cashless payment). We ship goods that are not in stock as soon as possible. We will inform you about the exact date.

 

When paying in cash at personal collection, you can pick up the goods within 5 working days from the time we notify you that the goods are ready for collection. Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, this fact is not considered a breach of our obligation to deliver the goods, nor a withdrawal from the contract by you.

 

You acquire ownership of the goods at the time of payment of the full purchase price.

 

5.3. How to proceed when taking over the goods?

Upon receipt of the goods, check the integrity of the packaging of the goods. If you find deficiencies, immediately inform the carrier and us. If you refuse to accept a shipment with damaged packaging, this will not be considered an unreasonable rejection of the goods.

 

The moment you take over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the contract), the responsibility for accidental destruction, damage or loss of the Goods passes to you.

 

5.4. What happens if you do not take over the goods?

If for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.

 

In the event that you do not take over the goods without reason, we are entitled to reimbursement of costs associated with the delivery of goods and their storage, as well as other costs that we incur due to the non-acceptance of the goods.

 

In the case of payment in cash at personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the self-help sale of goods according to § 2126 of the Civil Code.

 

 

6. WITHDRAWAL FROM THE PURCHASE AGREEMENT

6.1. Can you withdraw from the concluded contract?

Please note that in accordance with Section 1837 of the Civil Code it is not possible to withdraw within 14 days without giving a reason, inter alia, from contracts for the supply of goods whose price depends on financial market fluctuations independently of our will and which may occur during the withdrawal period.

 

6.2. When can we withdraw from the purchase agreement?

We reserve the right to withdraw from the contract in the following cases:

- we have not received the purchase price from you at the due date or you have not received the goods;

- goods for objective reasons (mainly because the supplier has stopped delivering to the Czech Republic, the goods are no longer produced, etc.) cannot be delivered under the original conditions;

- the performance becomes objectively impossible or illegal.

 

In the event that any of the above occurs, we will inform you immediately of our withdrawal from the contract.

 

If you have already paid the purchase price in full or in part, we will refund the amount received within two working days of withdrawal from the contract, non-cash to the account you provide for this purpose or from which you made the payment.

 

6.3. What are the consequences of withdrawing from the contract?

Withdrawal from the contract terminates the contract from the beginning and treats it as if it had not been concluded.

 

6.4. How do you return the goods to us when you withdraw from the contract?

You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods cash on delivery, we are not obliged to take them over in this way.

 

6.5. When will you get your money back?

We will return all received funds to you within 14 days of withdrawal from the contract. However, please note that we are not required to refund you before you return the goods to us or prove that you have sent us the goods.

 

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you.

 

We will refund your money in the same way we received it (unless you give us another one within ten days of withdrawing from the contract and you do not incur any additional costs) or in the way you request it.

 

The costs associated with sending the returned goods to our address are borne by you, even if the goods cannot be returned by ordinary mail due to their nature.

 

6.6. What if the returned goods were damaged?

When sending, pack the goods in a suitable package so that it is not damaged or destroyed.

 

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are responsible for this reduction in the value of the goods.

 

7. PURCHASE OF GOODS

7.1. Do we buy goods?

We also offer the purchase of goods that we sell, which are listed in Article 1.1. these terms and conditions. We do not buy other goods. We buy both the goods we have sold and the goods not sold by us if the goods are listed in Article 1.1. these terms and conditions.

 

7.2. How is the purchase of goods?

If you are interested in purchasing goods, please fill out the purchase form, which is listed on the web interface for a specific product. Purchase prices are also listed on the web interface. The redemption prices listed on the web interface are for guidance only. We will inform you of the final purchase price within our communication. The purchase price may vary, especially if the goods you offer are damaged. We provide a purchase guarantee on our part for the goods sold by us.

 

After receiving the redemption form, we will contact you without undue delay, especially by phone or e-mail. Subsequently, we will agree on the next steps together.

 

You can then send the goods for purchase properly to us by post (in the case of goods purchased from us) or bring them in person to the address of our registered office or business premises. If the goods are sent for purchase by post, we will unpack them while taking a camera recording. In the case of sending the goods for purchase by post, we will also proceed in accordance with Article 7.3. these terms and conditions. In the case of our personal meeting, we will verify your identity.

 

After inspecting the goods on our part, we will contact you (by phone or e-mail, or in-person) with our purchase offer, including in particular the final price. If you agree with our offer, the moment of approval of our offer on your part, a purchase agreement is concluded.

 

We will send you the price for the purchased goods within 10 days of concluding the purchase agreement for the purchase, by cashless transfer to your bank account, which you communicated to us for this purpose, unless we jointly agree on another method.

 

7.3. What do you need to do before mailing goods?

If it is a purchase of used goods or goods without proof of acquisition, you must have your identity verified by a public document of identification when sending the goods by post. A public deed of identification can be requested at offices with extended powers, from a notary or using the Czech POINT service.

 

Send us this public deed together with the shipped goods. Alternatively, you can ensure the official conversion of the document into electronic form and send it to us by e-mail. Simply scanning the document is not enough.

 

The public deed of identification can be used multiple times. It is not necessary to have a new public identification document for each transaction.

 

We cannot accept your goods without this document.

 

7.4. Is it possible to withdraw from the contract for the purchase of goods?

Please note that you cannot withdraw from the purchase contract for the purchase of goods within 14 days without giving a reason, in accordance with § 1837 letter b) of the Civil Code, as it is a contract for the supply of goods, the price of which depends on the fluctuations of the financial market independently of our will and which may occur during the period for withdrawal from the contract.

 

We reserve the right to withdraw from the contract if we have not been able to verify your identity (for example by means of an authentic instrument of identification) or if the performance becomes objectively impossible or illegal.

 

8. RIGHTS FROM DEFECTIVE PERFORMANCE

Your 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 2158 to 2174 of the Civil Code). When exercising the rights arising from defective performance, we will proceed in accordance with our Complaints Procedure for Consumers.

 

9. ADDITIONAL CONSUMER INFORMATION

9.1. What authority do we have to perform our activities?

We are authorized to sell goods on the basis of a trade license. Our activities are not subject to any other permit.

 

9.2. How do we handle complaints?

We handle any complaints via our contact e-mail. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority. It is possible to have the goods inspected by the Punching Office (www.puncovniurad.cz).

 

9.3. What are your rights in a consumer dispute?

If you are a consumer and if a dispute arises between us under the contract that we are unable to resolve directly, you have the right to turn to the Czech Trade Inspection Authority with this dispute (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz, electronic contact: adr@coi.cz, telephone: +420 296 366 360) or at the Association of Czech Consumers, z. Ú. (Address: Charles IV 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, phone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than 1 year from the date on which you first exercised the law that is the subject of this consumer dispute with us.

 

You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/ to make a complaint about the goods or services you have purchased from us and to find an ADR entity. odr /.

 

10. WEB INTERFACE REGISTRATION

10.1. How can you register on the web interface?

A user account is created by registering via the registration form on the web interface. Keep access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.

 

The information provided during registration must be true and complete. We may cancel an account that was used to provide false or incomplete information without compensation. In the event of changes to your data, we recommend that you edit them immediately in your user account.

 

10.2. What is a user account for?

Through a user account, you can primarily order goods, track orders and manage a user account. Any additional user account functions are always listed on the web interface.

 

10.3. When can we cancel your user account?

Please note that we have the right to cancel your user account without compensation if your account violates good morals, applicable law or these Terms and Conditions.

 

 

11. COPYRIGHT PROTECTION, RESPONSIBILITY AND USE OF THE WEB INTERFACE

11.1. Is the content of the website protected by copyright?

The content of the websites placed on the web interface (texts including terms and conditions, photographs, images, logos, software and more) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, free or paid access to photographs and texts placed on the web interface is prohibited.

 

Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.

 

1.2. Responsibility and use of the web interface

 We are not responsible for errors caused by third party interventions in the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the system or place an undue burden on the system.

 

If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to compensate us for the damage that was demonstrably caused by your actions pursuant to this paragraph, in full.

 

Please note that clicking on some links in the web interface may cause you to leave the web interface and be redirected to third party websites.

 

These business conditions are valid and effective from December 18, 2020

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