Brickmin, s.r.o.

TERMS AND CONDITIONS

1. INTRODUCTION

1.1.      In accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), these Terms and Conditions (hereinafter the “T&C”) of Brickmin, s.r.o., a company with its registered office at Ve Vrbičkách 323, 251 66 Mirošovice, Czech Republic, Id. No.: 03201431, registered in the Commercial Register kept by the Municipal Court in Prague under File No. C 228661 (hereinafter the “Seller”), provide for the mutual rights and obligations established in relation to or under a purchase contract (hereinafter the “Purchase Contract”) entered into by the Seller and another natural or legal person (hereinafter the “Buyer”) by means of the Seller’s e-shop. The Seller operates its e-shop at http://www.brickmin.cz and http://www.bricklink.com/store.asp?p=haryal (the “Website”).

1.2.      Provisions deviating from the T&C may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of the T&C.

1.3.      The provisions of the T&C form an integral part of the Purchase Contract. The Purchase Contract and the T&C are drawn up in the Czech and English languages. The Purchase Contract may be concluded in the Czech or English language.

1.4.      The Seller may change and/or supplement the wording of the T&C. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous wording of the T&C.

2. USER ACCOUNT

2.1.      Based on the Buyer’s registration made on the Website, the Buyers can access his/her user interface (the “User Account”). The Buyer can order goods by means of his/her User Account.

2.2.      The Buyer must always provide accurate and true data when registering on the Website and ordering goods. The Buyer must update the data provided in the User Account whenever the data change. The Seller deems that the data provided by the Buyer in the User Account when ordering goods are accurate.

3. EXECUTION OF THE PURCHASE CONTRACT

3.1.      Any presentation of goods shown in the e-shop interface (the “E-shop Website”) is indicative only and the Seller is not obliged to enter into any purchase contract concerning the goods. Section 1732 (2) of the Civil Code shall not apply.

3.2.      The E-shop Website contains information on the goods, including the prices of the individual items. The prices of the goods are final. In case of exchange rate changes or if the inflation rate or the prices charged by the producers and other suppliers of goods change significantly, the Seller reserves the right to adjust the prices shown. This provision shall in no way limit the Seller’s option to enter into a purchase contract under terms and conditions agreed individually.

3.3.      The E-shop Website also contains information on the costs related to the packaging and shipment of goods. The basic transport rates are indicated in the section Transport Costs.  If the Buyer’s country is not listed in that section, the Buyer must request, following the instructions provided in the Transport Costs section, that the Seller calculate the prices of transport to the given country. Based on the Buyer’s request, the Seller shall inform the Buyer of the transport costs to the given country. If the Buyers fails to contact the Seller in advance with a request for transport costs calculation and sends his/her order to the Seller, the Seller shall consider that Buyer agrees with the transport costs calculated pursuant to carriers’ tariffs valid at the time when the purchase order is being processed for dispatch.

3.4.      The Seller reserves the right to adjust the transport costs at any time in case of a change in the carriers’ tariffs.

3.5.      To place a purchase order, the Buyer shall fill in the order form on the E-shop Website. The order form includes, in particular, information on:

3.5.1.   the goods being ordered (the Buyer shall “place” the goods being ordered in his/her shopping cart on the E-shop Website); and

3.5.2.   the manner of payment of the purchase price of the goods and information on the requested manner of delivery of the goods being ordered.

3.6.      Before the purchase order is sent to the Seller, the Buyer can check and modify the data that (s)he specified in the order so that the Buyer can find and correct any mistakes made when filling in the order. The Seller deems that the data provided in a purchase order are accurate. The Seller shall confirm the acceptance of a purchase order by sending an e-mail to the Buyer’s e-mail address indicated in the Buyer’s User Account or in the purchase order (hereinafter the “Buyer’s e-mail address”) and by changing the status of the purchase order to the “being processed” status.

3.7.      The contractual relationship between the Seller and the Buyer is established upon delivery of the purchase order to the Seller.

3.8.       At all times, depending on the nature of the purchase order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller may request that the Buyer subsequently confirms his/her purchase order (e.g. in writing or by telephone).

4. PRICE OF GOODS; PAYMENT TERMS

4.1.      The Buyer may pay the price of goods and, where applicable, any costs related to the shipment of goods under the Purchase Contract as follows:

4.1.1.   in cash at the Seller’s establishment (Buyers established in the Czech Republic only);

4.1.2.   cash-on-delivery (COD) at the place as indicated by the Buyer in the purchase order (Buyers established in the Czech Republic and Slovakia only);

4.1.3.   by cashless transfer (IBAN) to the Seller’s account (Buyers established in the European Union only);

4.1.4.   by cashless payment using the PayPal payment system; such payments shall be subject to a fee of 5% of the price of the purchase order including the costs of transport and additional insurance (when using the PayPal payment system, the delivery address indicated on the order form must correspond to the address indicated in the Buyer’s PayPal account!);

4.1.5.   by cashless payment using a payment card (Visa/ Mastercard / American Express) in the PayPal payment gateway; Buyers need not have registration with the PayPal payment system, the Seller shall send an e-mail to the Buyer providing information necessary to make the payment by means of PayPal; a fee of 5% of the price of the purchase order including the costs of transport and additional insurance will be added to the price of the purchase order including the costs of transport and additional insurance, and the Buyer shall bear such costs.

4.2.      Together with the purchase price, the Buyer must also pay to the Seller the agreed amount of costs related to the packaging and delivery of goods. Unless expressly stated otherwise, the term “purchase price” also includes hereinafter the costs related to the delivery of goods.

4.3.      Where the payment is made in cash or COD, the purchase price shall be payable upon takeover of the goods. If the purchase price of the goods is paid by means of cashless payment, the Buyer must indicate a variable symbol of the payment. The purchase price shall be payable within 5 business days of the date of the Purchase Contract.

4.4.      In case of a cashless payment, the Buyer’s obligation to pay the purchase price is deemed fulfilled as soon as the Seller’s account is credited with the relevant amount.

4.5.      Discounts, if any, on the price of goods provided by the Seller to the Buyer cannot be combined. Special-offer prices are valid until the goods are sold out or the offer is further updated.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.      In accordance with Section 1829 (1) of the Civil Code, the Parties may withdraw from the Purchase Contract within fourteen (14) days of the takeover of goods; if the Purchase Contract provides for the purchase of several classes of goods or the delivery of several parts, the said period shall run from the date of takeover of the last delivery of goods.

5.2.      In case of withdrawal from the Purchase Contract pursuant to Art. 5.1 hereof, the Purchase Contract is deemed terminated from the outset (ex tunc). The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the Contract. The goods must be undamaged, free of any signs of use or wear and tear, in the original packaging. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs related to returning the goods to the Seller, even where the goods cannot be returned by regular mail due to the nature of the goods.

5.3.      In case of withdrawal from the Purchase Contract pursuant to Art. 5.1 hereof, the Seller shall refund the financial means received from the Buyer within thirty (30) days of the withdrawal from the Purchase Contract by the Buyer; the Seller shall do so by cashless transfer into the account indicated by the Buyer. The Seller may also refund any performance provided by the Buyer when the goods are returned by the Buyer or otherwise if the Buyer agrees and incurs no additional costs in this way.

5.4.      The Seller may unilaterally set off the entitlement to compensation of the damage caused to the goods against the Buyer’s entitlement to a refund of the purchase price.

5.5.      The Seller may withdraw from the Purchase Contract at any time before the goods are taken over by the Buyer. In that case, the Seller shall refund the purchase price to the Buyer without undue delay, by wire transfer into an account indicated by the Buyer.

5.6.      Where a gift is provided to the Buyer along with the goods, the donation agreement between the Seller and the Buyer is concluded subject to a condition subsequent consisting in the fact that if the Buyer withdraws from the Purchase Contract, the donation agreement concerning the gift expires and the Buyer must return the provided gift to the Seller along with the goods.

6. TRANSPORT AND DELIVERY OF GOODS 

6.1.      Transport costs are shown in the section Transport Costs. The costs of transport directed abroad, except for the costs of transport into the European countries listed in the Transport Costs section, cannot be determined in advance and published on the E-shop Website since the price of each specific shipment is set ad hoc by the given contractual carrier; they also provide tracking service based on shipment-specific numbers.

6.2.       Where the manner of transport is agreed based on a special requirement by the Buyer, the latter shall bear the risk and any additional costs related to such manner of transport.

6.3.      If, under the Purchase Contract, the Seller must deliver the goods to the place indicated by the Buyer in the purchase order, the Buyer must take over the goods upon delivery. Any and all additional costs (e.g. due to repeated delivery) incurred for reasons attributable to the Buyer must be paid by the Buyer.

6.4.      Upon takeover of the goods, the Buyer must check that the packaging of the goods is intact and notify the carrier of any shortcomings without delay. The Buyer is not obliged to take the shipment over from the carrier if any damage to the packaging is ascertained and such damage indicates that the shipment has been tampered with. The carrier shall return the damaged shipment that was not taken over by the Buyer to the Seller; subsequently, the Seller shall claim damages with the carrier. If the Buyer takes such damaged shipment over from the carrier, no claim of defects can be made in relation to any missing or damaged goods.

7. RIGHTS BASED ON DEFECTIVE PERFORMANCE

7.1.      The rights and obligations of the Parties in respect of any defective performance shall be governed by the applicable generally binding regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2.      The Seller warrants to the Buyer that the goods are free of defects upon takeover. The Seller warrants, in particular, that at the time of takeover of the goods by the Buyer:

7.2.1.   the goods have the properties agreed by the Parties; in the absence of such an agreement, the goods have such properties which the Seller or producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer;

7.2.2.   the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used;

7.2.3.   the goods have the corresponding quantity, measurement or weight; and

7.2.4.   the goods meet the requirements stipulated by the legal regulations.

7.3.      The Seller shall not be liable for any differences in the shades of colours of the products.

7.4.      The provisions of Art. 7.2 hereof do not apply to any defects of goods sold at a reduced price agreed due to the defect; to any wear and tear of goods caused by normal use thereof; to any defects of used goods where the defect corresponds to the degree of use and wear and tear and the goods had the defect upon their takeover by the Buyer or where it follows from the nature of the goods.

7.5.      If the defect becomes apparent within six months of takeover, the goods shall be presumed to have already been defective upon takeover.

7.6.      The Buyer may assert rights based on defective performance within 24 months of the takeover.

7.7.      The Buyer shall assert rights based on defective performance at the address of the Seller’s establishment where defects can be claimed given the assortment of the goods sold or the Buyer shall agree on the further procedure with the Seller at info@brickmin.cz, as applicable. A defect shall be deemed claimed as soon as the relevant goods are received by the Seller from the Buyer.

7.8.      When asserting rights based on defective performance, the Buyer shall submit the defective thing to the Seller along with the payment receipt (e.g. invoice) or, where applicable, the warranty certificate, describe the defect and indicate the date of purchase; the thus-submitted thing must be clean. If the given thing in respect of which rights from defective performance are being asserted is sent via a carrier, the goods must be packaged adequately and secured against any damage; it is recommendable to keep the original packaging for these purposes (however, this is not a precondition for asserting rights based on defective performance).

7.9.      Under the conditions stipulated by the Civil Code, the Buyer may request free remedy of a defect, replacement of the thing as a whole or part thereof, reasonable discount on the price, or withdrawal from contract, as the case may be.

7.10.  The Buyer does not have rights based on a defective performance if, before the takeover of the given thing, the Buyer was aware of the defect or the Buyer caused the defect himself. The refund shall not include the costs of postage and packaging.

8. FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1.      The Buyer acquires the ownership title to the goods upon payment of the full purchase price of goods.

8.2.      The Seller shall address consumer complaints via e-mail address info@brickmin.cz. The Seller shall send information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address.

8.3.      The Seller is authorised to sell goods based on a trade licence. The operation of trade is controlled by the competent trade authority within its jurisdiction. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. To the relevant extent, the Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.4.      The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Civil Code.

8.5.      The Buyer agrees that information related to the Seller’s goods, services or business may be sent to the Buyer’s e-mail address; the Buyer further agrees that the Seller may send commercial communications to the Buyer’s e-mail address.

9. PERSONAL DATA PROTECTION

9.1.      If the Buyer is a natural person, his/her personal data are protected under Act No. 101/2000 Coll., on personal data protection, as amended.

9.2.      The Buyer agrees that the following Buyer’s personal data may be processed: name and address or name of the legal person; residence address; identification number; tax identification number; e-mail address; telephone number (hereinafter jointly “Personal Data”).

9.3.      The Buyer agrees that his/her Personal Data may be processed by the Seller with a view to exercising the rights and performing the obligations under the Purchase Contract and for the purposes of keeping User Accounts. Unless the Buyer opts otherwise, the Buyer agrees that his/her Personal Data may also be processed by the Seller for the purpose of sending information and commercial communications to the Buyer. Personal Data will be processed for an indefinite period of time.

9.4.      The Buyer acknowledges that (s)he must provide accurate and true Personal Data (when registering, in the User Account, when placing a purchase order from his/her User Account) and must inform the Seller of any change in the Personal Data without undue delay. The Buyer confirms that the provided Personal Data are accurate and that (s)he has been advised that the provision of Personal Data is optional.

9.5.      Except for persons delivering the goods, the Seller shall not transfer Personal Data to third parties without the Buyer’s prior consent.

9.6.      Should the Buyer suspect that the Seller or carrier (Art. 9.5) processes his/her Personal Data at variance with the protection of the Buyers’ private and personal life or at variance with law, the Buyer may request in writing that the Seller remove the Buyer’s Personal Data from the Seller’s database.

10. FINAL PROVISIONS

10.1.  Where the relationship established by the Purchase Contract comprises an international (foreign) element, the Parties hereby agree that their relationship shall be governed by the Czech laws. This shall in no way prejudice consumers’ rights under the generally binding legal regulations.

10.2.  If any provision hereof is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that is as close as possible, in its meaning, to the invalid provision. Invalidity or ineffectiveness of any provision shall in no way prejudice the validity of other provisions. Any changes or supplements to the Purchase Contract or the T&C shall be made in writing.

10.3.  The Seller shall archive each Purchase Contract, including the T&C, in electronic form.

10.4.  The Seller’s contact details: e-mail address: info@brickmin.cz.

These T&C are valid from 17 May 2015.