GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter referred to as "GTC") of Peter Torhan, with its registered office at Uralská 689/7 Bubeneč 160 00 Praha 6, Czech Republic, ID No.: 02195607, registered in the Commercial Register under file no. (none), e-mail info@gemspact.de , telephone +420797991932 (hereinafter referred to as "We" ), are processed in accordance with the provisions of Section 1751(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 you as buyers and us as sellers arise in connection with or on the basis of a purchase contract (hereinafter referred to as the "contract") concluded through the e-shop on the websites gemspact.de, gemspact.com, soamigems.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here [ADD].

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are written in the Czech language. We may unilaterally amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

As you probably know, we communicate mainly remotely. Therefore, our agreement also applies to the use of means of remote communication that allow us to conclude an agreement without the physical presence of us and you, and thus the agreement is already concluded and opened remotely in the e-shop environment via the web interface gemspact.de, gemspact.com, soamigems.cz.

If any part of the terms and conditions conflicts with what we have mutually agreed upon in the context of your purchase transaction in our e-shop, this specific agreement takes precedence over these terms and conditions.

1.SOME DEFINITIONS

1.The price is the amount you pay for the goods;

2.The shipping cost is the amount you pay for the delivery of the goods, including the cost of packaging;

3.The total price is the sum of the price and the shipping cost;

4.VAT is value added tax in accordance with applicable law;

5. An invoice is a tax document issued in accordance with the VAT Act for the total price;

6. An order is your irrevocable proposal to conclude a contract for the purchase of goods;

7. A user account is an account created on the basis of the information you provide, which allows you to store the information you enter and keep a history of the goods you have ordered and the contracts you have concluded;

8. You are the person who shops in our e-shop and is legally referred to as the buyer.

9. Goods are everything you can buy in the e-shop: gemspact.de, gemspact.com, soamigems.cz

2. General provisions and notes

1. Goods can only be purchased via the e-shop's web interface.

2. When purchasing goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provide when ordering goods to be correct and true.

3.CONCLUSION OF THE CONTRACT

1.You can conclude a contract with us on our website in the specified language.

2. The contract is concluded remotely via the e-shop, and you bear the costs of using the means of distance communication. However, these costs do not differ from the basic rate you pay for using these means (i.e., in particular, for Internet access), so you do not have to expect any costs from us beyond the total price. By sending your order, you agree that we may use means of distance communication.

3. In order for us to conclude the contract, you must create an order proposal in the e-shop. This proposal must contain the following information:

a. Information about the goods being purchased (mark the goods you wish to purchase in the e-shop with the "Add to cart" button).

b. Information about the price, shipping costs, method of payment of the total price, and the desired method of delivery of the goods; this information is entered in the user interface of the e-shop when creating the order proposal, with information about the price, shipping costs, and total price being entered automatically based on the selected goods and delivery method;

c. Your identification and contact details, which we use to enable the delivery of goods, in particular your first name, last name, delivery address, telephone number, and email address;

d. In the case of a contract under which we deliver goods to you regularly and repeatedly, also information about how long we deliver goods to you.

4. When creating an order proposal, you can change and check the data until the moment of creation. After checking, click on the "Order with payment obligation" button to create the order. However, before clicking on the button, you must confirm that you have read and agree to these terms and conditions, otherwise it will not be possible to create the order. The checkbox is used for confirmation and agreement. After clicking on the "Order with obligation to pay" button, all the information you have entered will be sent directly to us.

5. We will confirm your order as soon as possible after its delivery by sending a message to the email address you provided in the order. The confirmation will contain a summary of the order and these terms and conditions. The contract between you and us is concluded at the moment of order confirmation. The GTC in the version valid at the time of the order form an integral part of the contract.

6. It may also happen that we are unable to confirm your order. This applies in particular to situations where the goods are not available or where you order a larger quantity of goods than we allow. However, we will always inform you in advance of the maximum quantity of goods in the e-shop, so you should not be surprised. If for any reason we are unable to confirm your order, we will contact you and send you 7. an offer to conclude a contract in a modified form compared to your order. In such a case, the contract is concluded after your confirmation of our offer.

8. If the e-shop or the order proposal contains a clearly incorrect price, we are not obliged to deliver the goods to you at this price, even if you have received an order confirmation and the contract has therefore been concluded. In such a case, we will contact you immediately and send you an offer to conclude a new contract in a modified form compared to the order. In such a case, the new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded contract. An obvious error in the price is considered, for example, if the price does not correspond to the usual price offered by other suppliers or if some specifications are missing or omitted.

9. If the contract is concluded, you are obliged to pay the total price. If you have created a user account, you can use it to place an order. Even in this case, however, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating an order is the same as for a buyer without a user account, but the advantage is that you do not have to repeatedly enter your identification data.

10. In some cases, we will provide you with a discount on the purchase of goods. To apply the discount, you must enter the discount details in the field provided in the order form. If you do so, the goods will be provided to you at a discount.

4.User account

1.Based on your registration in the e-shop, you have access to your user account.

2.When registering a user account, you are required to provide all information correctly and truthfully and to update it in case of any changes.

3. Access to your user account is secured by a username and password. It is your responsibility to treat these access codes confidentially and not to disclose this information to anyone. We accept no responsibility in the event of misuse.

4. Your user account is personal, and you are therefore not authorized to allow third parties to use it.

5. We may cancel your user account, especially if you have not used it for more than 6 months or if you violate your obligations under the contract.

6. The user account may not be available at all times, especially with regard to necessary maintenance of hardware and software equipment.

5. PRICES AND PAYMENT TERMS, RETENTION OF TITLE

1. The price is always stated in the e-shop, in the order proposal, and, of course, in the contract. In the event of a discrepancy between the price stated for the goods in the e-shop and the price stated in the order proposal, the price stated in the order proposal shall apply, which is always the same as the price in the contract. The order proposal also includes the price of transport or the conditions under which transport is free of charge.

2. The total price is stated including VAT and all statutory fees.

3. We will ask you for the total price after concluding the contract and before delivering the goods. You can pay the total price in the following ways:

a. By bank transfer. We will send you the payment details as part of the order confirmation. When paying by bank transfer, the total price is payable within 5 calendar days.

b. Online by card. In this case, payment is made immediately via a payment gateway, and the payment is subject to the terms and conditions of that payment gateway. When paying online by card, the total price is payable within 2 business days.

c. Cash on delivery. In this case, payment is made upon delivery of the goods, unlike delivery of the goods. In the case of cash on delivery, the total price is payable upon receipt of the goods. However, we do not send goods cash on delivery, and this option is not available in the shipping options in the e-shop.

d. Ready for personal collection. You can pay for the goods in cash when you pick them up at our premises. If you pay in cash upon personal collection, the total price is payable upon receipt of the goods. However, we do not sell goods in cash and this option is not included in the shipping options in the e-shop.

4. The invoice is issued in electronic form after payment of the total price and physically attached to the goods and is available in the user account.

5. Ownership of the goods is transferred to you only after payment of the total price and receipt of the goods. In the case of payment by bank transfer, the total price will be paid by crediting our account; in other cases, it will be paid upon delivery.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

1. Goods will be delivered to you in the manner you choose, and you can choose from the following options:

a. Personal collection at our premises listed in the list of premises; (we do not offer this option).

b. Personal collection at Zásilkovna, Uloženka, and other collection points;

c. Delivery by Česká pošta, PPL CZ, DHL, DPD, Zásilkovna, and other transport companies;

2. Goods can only be delivered worldwide, with the exceptions not listed in the delivery country selection.

3. The delivery time of goods always depends on their availability and the selected delivery and payment method. You will be informed of the estimated delivery time in the order confirmation. The time stated in the e-shop is only approximate and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by email about the possibility of picking up the goods.

4. Upon receipt of the goods from the carrier, it is your responsibility to check the integrity of the packaging and, in the event of any defects, to inform the carrier and us immediately. If there is a defect in the packaging that indicates unauthorized handling and tampering with the shipment, you are not obliged to accept the goods from the carrier.

5. If you breach your obligation to accept the goods, with the exception of cases under point 6.4, it is assumed that this will not result in a breach of our obligation to deliver the goods to you. At the same time, the fact that you do not accept the goods does not mean that the contract between us and you is canceled. In such a case, however, we have the right to withdraw from the contract due to your material breach of contract. If we decide to exercise this right, the withdrawal from the contract shall take effect on the day we send you this withdrawal. Withdrawal from the contract does not affect the right to a refund of the shipping price or the right to compensation for damages incurred.

6. If, for reasons for which you are responsible, the goods are delivered repeatedly or in a manner other than that agreed in the contract, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send the payment details for the reimbursement of these costs to your email address specified in the contract, and they are payable within 14 days of delivery of the email.

7. The risk of damage to the goods passes to you upon receipt of the goods. If you do not take delivery of the goods, except in the cases specified in Article 6.4, the risk of damage to the goods passes to you at the moment when you had the opportunity to take delivery of the goods but did not do so for reasons on your part. The transfer of the risk of damage to the goods means that from that moment on, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the goods.

8. If the goods were not listed as in stock in the e-shop and approximate availability was indicated, we will always inform you if:

a. there is an exceptional interruption in the production of the goods, in which case we will always inform you of the new estimated availability date or that the goods cannot be delivered;

b. there is a delay in the delivery of the goods from our supplier, in which case we will always inform you of the new estimated delivery time.

9. If, for any reason, we are unable to deliver the Goods to you within 30 days of the expiry of the delivery period specified in the Order Confirmation, both we and you are entitled to withdraw from the Contract.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the moment of transfer of risk of damage to the Goods in accordance with Article 6.7, the Goods will be free of defects, in particular that

a.it has the characteristics that we have agreed with you and, if not expressly agreed, the characteristics that we have stated in the description of the Goods or that can be expected given the nature of the Goods;

b.it is suitable for the purposes specified by us or for the purposes usual for Goods of this type;

c. it corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

d. it is available in sufficient quantity and weight;

e. it meets the requirements imposed on it by law;

f. it is not encumbered by the rights of third parties.

2. The rights and obligations arising 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).

3. If the goods are defective, i.e. in particular if any of the conditions under point 7.1 are met, you can inform us of such a defect and exercise your rights arising from defective performance (i.e. complain about the goods) by sending an email or letter to our addresses listed in our identification details. You can also use the sample form provided by us, which is Appendix No. 1 to the GTC, to make a complaint. When exercising your rights arising from defective performance, you must choose the method of remedying the defect and you may not change this choice without our consent, except in the cases specified in Article 7.4. We will handle your complaint in accordance with the rights arising from defective performance that you have exercised. If you do not decide to have the defect remedied, you will also have the rights specified in Article 7.5 in situations where the defective performance constitutes a material breach of contract.

4. If the defective performance constitutes a material breach of contract, you have the following rights:

a. to have the defect removed by delivery of a new product without defects or delivery of the missing part of the product;

b. to have the defect removed by repair of the goods;

c. to a reasonable price reduction;

d. to withdraw from the contract.

If you decide on a solution under points a) or b) and we do not remedy the defect in this way within a reasonable period of time set by us, or we inform you that we will not remedy the defect in this way, you have the rights under points c) and d), even if you did not originally claim them in your complaint. If you decide to have the defect removed by repairing the goods and we find that the defect is irreparable, we will notify you and you can choose another method of removing the defect.

5. If the defective performance constitutes a minor breach of contract, you have the following rights:

a. to have the defect removed by delivering a new product without defects or by delivering a missing part of the product;

b. to have the defect removed by repairing the goods;

c. to a reasonable discount on the price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the contract. You can also withdraw from the contract if you cannot use the goods properly due to the repeated occurrence of the defect after the goods have been repaired or if there are multiple defects in the goods.

In the case of a material or non-material breach of the contract, you cannot withdraw from the contract or request the delivery of new goods if you cannot return the goods in the condition in which you received them. However, this does not apply in the following cases:

a. if the condition of the goods has changed as a result of an inspection to identify a defect;
b. if the goods were used before the defect was discovered;
c. if the inability to return the goods in their original condition was not caused by your actions or omissions;
d. if the goods were sold, consumed, or altered during normal use before the defect was discovered; however, if this occurred only partially, the part of the goods that can be returned shall be to your detriment, and in such a case, you will not be refunded the part of the price corresponding to your benefit from using the goods.
1. Within 3 days of receiving your complaint, we will confirm by email that we have received it, when we received it, and the estimated time for processing it. We will handle the complaint immediately, but no later than 30 days after its receipt. This period may be extended by mutual agreement. If the period expires without a result, you may withdraw from the contract.
2. You will be informed about the resolution of the complaint by email. If the complaint is justified, you are entitled to reimbursement of the incurred costs. These costs must be documented, e.g. by receipts or invoices for shipping costs. If the defect was resolved by delivering new goods, you are obliged to return the original goods to us, but we will bear the costs of the return.
3. If you are a business customer, you must report and claim the defect immediately after discovering it, but no later than three days after receiving the goods.
4. If you are a consumer, you have the right to exercise your rights for defective performance within 24 months from the receipt of the goods, in case a defect occurs in the consumer goods.
5. The provisions on the right for defects do not apply to:
a. goods sold at a lower price due to a defect for which the lower price was agreed;
b. wear and tear caused by normal use;
c. used goods for defects corresponding to the level of use or wear present at the time of receipt;
d. if it follows from the nature of the goods.

1. Withdrawal from the Contract
1. Withdrawal from the contract, i.e. the termination of the contractual relationship between you and us from the beginning, may occur for reasons and in the manner specified in this article or in other provisions of the General Terms and Conditions where withdrawal is expressly stated.
2. If you are a consumer, i.e. a person purchasing goods outside the scope of their business activity, you have the right to withdraw from the contract in accordance with Section 1829(1) of the Civil Code. If we concluded a contract for several types of goods or the delivery of several parts, the period for withdrawal starts on the day the last part is delivered. If the contract involves regular and repeated deliveries, the period begins on the day of the first delivery. You may withdraw in a demonstrable manner (especially by sending an email or letter to the addresses stated in our identification details). You can also use the model withdrawal form provided as Annex No. 2 to these Terms and Conditions.
3. Even as a consumer, you cannot withdraw from the contract if the subject of the contract is:
a. Goods whose price depends on fluctuations in the financial market beyond our control, which may occur during the withdrawal period;
b. The delivery of alcoholic beverages that may be delivered only after thirty days and whose price depends on market fluctuations beyond our control;
c. Goods made according to your specifications or clearly personalized for you;
d. Goods that are perishable or have been irreversibly mixed after delivery;
e. Sealed goods that have been unsealed and cannot be returned for hygiene reasons;
f. The delivery of audio or video recordings or computer software if the original seal has been broken;
g. The delivery of newspapers, periodicals, or magazines;
h. The delivery of digital content that was not supplied on a physical medium, provided it was delivered with your prior express consent before the expiry of the withdrawal period, and you were informed that you have no right to withdraw.
1. The withdrawal period under clause 8.2 is deemed to be met if you inform us of your withdrawal within that period.
2. In the event of withdrawal from the contract, the price will be refunded within 14 days from the effective date of withdrawal to the account from which the payment was made or to an account specified for the withdrawal. However, the amount will not be refunded until you return the goods or prove that they have been returned. Please return the goods clean and, if possible, in their original packaging.
3. In the event of withdrawal from the contract under clause 8.2, you are obliged to return the goods to us within 14 days of withdrawal and bear the costs of returning the goods. On the other hand, you are entitled to reimbursement for delivery costs, but only up to the amount corresponding to the cheapest delivery option we offer. In the event of withdrawal due to our breach of contract, we also bear the cost of returning the goods, but again only up to the amount corresponding to the cheapest offered delivery option at the time of delivery.
4. You are liable for any damage if the goods are damaged because you handled them in a manner not necessary to determine their nature and characteristics. In such a case, we will invoice you for the damage after the goods are returned, and the invoiced amount is due within 14 days. If the refund has not yet been made, we are entitled to offset the damage amount against your claim for a refund.
5. We are entitled to withdraw from the contract at any time before delivery of the goods to you if objective reasons justify the impossibility of delivery (especially due to third-party or natural causes), even before the expiration of the period specified in clause 6.9. In such a case, we may withdraw from the contract. We may also withdraw if it is found that you intentionally provided false information when placing the order. If you purchase goods as part of your business activity, i.e. as an entrepreneur, we may withdraw from the contract at any time, even without stating a reason.
2. Consumer Dispute Resolution
1. We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
2. Consumer complaints are handled via the email address: info@gemspact.de. Information about complaint handling is sent to the buyer’s email address.
3. The Czech Trade Inspection Authority, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is the body authorized for out-of-court settlement of consumer disputes arising from a contract. The online dispute resolution platform can be found at http://ec.europa.eu/consumers/odr, which may be used for resolving disputes between the seller and the buyer arising from electronically concluded purchase contracts.
4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (“Online Dispute Resolution Regulation”).
3. Final Provisions

If our legal relationship with you contains an international element (for example, if we ship goods outside the territory of the Czech Republic), this relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from statutory provisions are not affected by this contract.

All written correspondence with you will be sent by email. Our email address is provided in the section Our Identification Details. Correspondence will be delivered to the email address stated in the contract, in your user account, or through the one you used to contact us.

The contract can be amended only with our written consent. However, we are entitled to modify and supplement these General Terms and Conditions (GTC). Such changes will not affect contracts already concluded, only those concluded after the effective date of the change. We will inform you of the change only if you have created a user account (so that you have this information in case you order new goods, but the change does not grant the right to withdraw from a contract, as no existing contract would be affected) or if you are obligated under the contract to receive goods regularly and repeatedly. Information about the change will be sent to your email address no later than 14 days before the effective date of the change. If we do not receive a withdrawal notice from you within 14 days of sending the change notification (in the case of regular and repeated deliveries), the new conditions will become part of our contract and will apply to subsequent deliveries of goods after the change’s effective date. The notice period for withdrawal from the contract is 2 months.

In the event of force majeure or unforeseeable circumstances (natural disasters, pandemics, operational failures, subcontractor failures, etc.), we are not liable for damages caused by or related to the force majeure event. If the force majeure lasts for more than 10 days, both you and we have the right to withdraw from the contract.

Attached to the GTC are a sample Complaint Form and a Withdrawal from Contract Form.

The contract, including these GTC, is archived in electronic form but is not accessible to you. However, you will always receive these terms and the order confirmation (including a summary of your order) by email, so you will always have access to the contract without our assistance. We recommend that you keep the order confirmation and the general terms and conditions for your records.

These General Terms and Conditions shall take effect on 01.01.2022.
Annex No. 1 – Complaint Form

Addressee: Peter Torhan, Uralská 689/7 Bubeneč 160 00 Praha 6, Czech Republic

Filing a Complaint:

Date of Contract Conclusion:
First and Last Name:
Address:
Email Address:
Rejected Goods:
Description of Product Defects:
Proposed Method of Complaint Resolution or Bank Account Number for Refund/Discount:

I also request the issuance of a confirmation of the complaint submission, stating when I exercised this right, what the complaint contains, along with my claim, including the date and method of resolving the complaint.

Date:
Signature:

Annex No. 2 – Withdrawal from Contract Form

Addressee: Peter Torhan, Uralská 689/7 Bubeneč 160 00 Praha 6, Czech Republic

I hereby declare that I am withdrawing from the contract:

Date of Contract Conclusion:

First and Last Name:

Address:

Email Address:

Specification of goods covered by the contract:

Refund the received payment or provide a bank account number:

If the buyer is a consumer, they have the right to withdraw from the contract if they ordered goods through the online shop of Peter Torhan, Uralská 689/7 Bubeneč 160 00 Praha 6, Czech Republic (hereinafter referred to as “the company”) or by another means of distance communication, except for cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The withdrawal may be made within 14 days from the date of receipt of the goods, without giving any reason and without penalty, from an already concluded purchase contract. The buyer must notify the company of this withdrawal in writing at the company’s registered address or electronically at the email address provided on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, they must immediately, no later than 14 days after withdrawal, send or deliver to the company the goods they received.

If the buyer, who is a consumer, withdraws from the purchase contract, the company shall, without undue delay and no later than 14 days from the withdrawal, return all monetary funds (the purchase price of the delivered goods), including delivery costs received from the buyer under the purchase contract, by the same method. If the buyer has chosen a delivery method other than the cheapest one offered by the company, the company will refund only the amount corresponding to the cost of the cheapest delivery method offered. The company is not obliged to return the received funds until the buyer has returned the goods or proven that the goods have been sent back to the company.

Date: 01.01.2022

1. Withdrawal from the Contract

2. Consumer Dispute Resolution

3. Final Provisions

Annex No. 2 – Withdrawal from Contract Form