Terms and conditions of use

1. INTRODUCTORY PROVISIONS

1.1 In accordance with §1751(1) 89/2012 Coll. (Civil Code) as amended, BR Numismatika v.o.s. issues the following terms and conditions, which form an integral part of the purchase contract concluded between: BR Numismatika v.o.s. 212 11 698, registered in the Commercial Register of the Commercial Register, kept by the Municipal Court in Prague, Section A, Insert 80505 (hereinafter referred to as the "Seller") on the one hand and the Buyer on the other hand.

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer") through the Seller's online store. The online shop is operated by the Seller on the internet address www.brnumismatika.cz, through a web interface (hereinafter referred to as the "web interface of the shop").

1.2 The Buyer is a natural or legal person who concludes a purchase contract with the Seller through the Seller's online shop located at the Internet address www.brnumismatika.cz (hereinafter referred to as the "Website").

1.3 If the Buyer is a consumer pursuant to Section 419 of Act No. 89/2012 Coll., the relationships not governed by these Terms and Conditions shall be governed by Act No. 89/2012 Coll. If the Buyer is acting in the course of ordering/purchasing goods in the course of his/her business activity or in the course of his/her independent exercise of his/her profession, the relationships not governed by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., whereby the provisions of Sections 2158 - 2174 shall not apply.

1.4 By concluding the Purchase Contract, the Buyer confirms that he/she has read the full text of these Terms and Conditions, that he/she understands all its provisions and that he/she fully agrees to them.

1.5 The Seller is entitled to change or amend the wording of these Terms and Conditions at any time. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The Buyer is bound by the wording of the Terms and Conditions current at the time of conclusion of the Purchase Agreement. 

2. SUBJECT MATTER AND CONCLUSION OF THE PURCHASE CONTRACT

2.1 The subject matter of the Purchase Contract is the goods specified in the Buyer's binding order. Pictures and photographs of the goods may be illustrative, the description of the goods is decisive. Photographs are protected by copyright.

2.2 The Seller undertakes to deliver the Goods to the Buyer in a condition in accordance with the specification, as described.

2.3 The web interface of the shop contains a list of goods offered for sale by the Seller, including the prices of each offered item. The prices of the goods offered are inclusive of value added tax and all related charges. The offer for sale of goods and the prices of such goods shall 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 on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.

2.4 The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

2.5 To order goods, the Buyer shall fill in the order form in the web interface of the shop.

  1. The order form contains in particular information about:
  2. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping
  3. shopping cart in the web interface of the shop),
  4. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
  5. goods and
  6. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

2.6 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "send order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm the receipt of the order to the Buyer by e-mail immediately upon receipt of the order, automatically via the web interface of the shop, to the Buyer's e-mail address indicated in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

2.7 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 (e.g. in writing or by telephone).

2.8 The contractual relationship between the Seller and the Buyer is established by 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. 

2.9 The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached the purchase contract (including the terms and conditions).

2.10. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. 

2.11. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall be made available at the written request of the Buyer. The Seller may request payment of reasonable and justified costs for such provision. 

3. PRICE OF GOODS AND PAYMENT TERMS

3.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale to the Seller in the following ways:

  1. in cash up to the amount of CZK 270,000 (or the equivalent of EUR 10,000) at the Seller's premises at 717/8 Korunní Street, Prague 2, Postal Code 120 00
  2. by wire transfer to the Seller's account No. 2302813196/2010, maintained at FIO banka a.s. (hereinafter referred to as the "Seller's account");

3.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3.3 In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within three working days of the conclusion of the purchase contract, unless the parties agree otherwise.

3.4 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

3.5 The Seller is entitled, especially in the event that the Buyer fails to confirm the order, to require payment of the full purchase price before the goods are sent to the Buyer.

3.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

3.7 If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is not a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods.

3.8 All prices in our online shop www.brnumismatika.cz are inclusive of VAT.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1 If the subject of purchase are collectibles such as etues, capsules, etc., the buyer may exercise the option given in accordance with the provisions of § 1829 of the Civil Code: "The consumer has the right to withdraw from the contract within a period of fourteen days, Section 1837(b) of the Civil Code applies to the delivery of goods whose price depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period. In this case, therefore, the consumer cannot withdraw from the contract. 

4.2 The Buyer may only withdraw from the Purchase Contract in the case specified in Article 4.1 of these Terms and Conditions. Withdrawal from the purchase contract must be in writing.

4.3 In the event of withdrawal by the Buyer from the Purchase Contract, the Buyer shall bear the costs of transport back to the Seller.

4.4 If the Buyer withdraws from the contract, the Buyer shall send or hand over to the Seller, immediately after withdrawal, the goods received from the Seller. 

4.5 If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer without undue delay, and no later than fourteen days after withdrawal, all monies, including delivery costs, received from the Buyer under the Contract (other than additional costs incurred as a result of the Buyer's chosen method of delivery being other than the cheapest standard delivery method offered by the Seller).

4.6 If the Buyer withdraws from the Contract, the Seller shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the Goods to the Seller or proved that it has dispatched the Goods to the Seller.

4.7 The Buyer shall be liable to the Seller for any diminution in the value of the Goods resulting from handling the Goods in a manner other than is necessary in view of their nature and characteristics.

4.8 The Seller shall be entitled, until the Buyer takes delivery of the goods, to withdraw from the Purchase Contract in the event of circumstances preventing him from delivering the ordered goods to the Buyer. 

4.9 Reservation: the Seller reserves the right to cancel the reservation if the Buyer does not contact the Seller within 48 hours after the Seller notifies the Buyer by email when the reserved goods will be in stock. Cancellation is automatic and no further notice is given to the Buyer.

5. TRANSPORT AND DELIVERY OF GOODS

5.1 The method of delivery and payment of the purchase price of the goods shall be determined by the Seller, unless otherwise specified in the Purchase Agreement. If the method of transport is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

5.2 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way 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 a different method of delivery.

5.3 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

5.4 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's delivery conditions.

5.5 If the Client does not collect the goods in person at the branch, the Seller shall charge the Buyer for postage and packing. Postage and packing is determined according to the price of the purchase and according to the valid price list of the Czech Post - https://www.postaonline.cz/kalkulacka-postovneho.

5.6 The Seller reserves the right to change the method of payment for the goods depending on the nature of the goods, and the amount of postage may only be reduced.

5.7 In the event that the Client does not take delivery of the goods sent on delivery, the Client will be charged for reimbursement of costs and, if applicable, a contractual penalty, in accordance with § 2159 paragraph 1 and § 2913 of the new Civil Code. 

5.8 The delivery time is no later than 30 days, unless otherwise agreed.

6. LIABILITY FOR DEFECTS, WARRANTY

6.1 The rights and obligations of the contracting parties regarding rights from defective performance are regulated by Act No. 89/2012 Coll., specifically in its provisions § 2099 - § 2112. The Seller shall be liable to the Buyer for the fact that the sold item is in conformity with the Purchase Contract, in particular that it is free from defects. Conformity with the purchase contract means that the sold item has the quality and utility characteristics required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility characteristics usual for the item of such a kind that it conforms to the requirements of the legal regulations and is in the corresponding quantity, measure or weight.

6.2.In the event that the item is not in conformity with the Purchase Contract upon acceptance by the Buyer (hereinafter referred to as "Contradiction with the Purchase Contract"), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount from the price of the item or withdraw from the Contract. This does not apply if the buyer knew of the breach of the purchase contract before taking delivery of the item or caused the breach of the purchase contract.

6.3 In the event of a removable defect (hereinafter referred to as "warranty repair"), the buyer is entitled to have it removed without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may demand replacement of the item or, if the defect concerns only a part of the item, replacement of the part. If this is not possible, the buyer may demand a reasonable reduction in the price or withdraw from the contract. In the case of an irremediable defect which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are removable, but if the buyer cannot use the thing properly because of the recurrence of the defect after repair or because of a greater number of defects. In the case of other irremovable defects and if the buyer does not request replacement of the item, the buyer is entitled to a reasonable discount on the price of the item or may withdraw from the contract.

6.4 The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer at the Seller's business address: Korunní 717/8, Prague 2, 120 00. 

6.5 In the event of withdrawal from the purchase contract, the buyer is entitled to a refund of shipping and packaging fees.

6.6 The warranty period starts from the handing over of the item to the Buyer; if the item has been shipped according to the contract, it starts from the arrival of the item at the destination.

 7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

7.2 The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.

7.3 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.

7.4 The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website or from the use of the website contrary to its intended use.

7.5 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract.

7.6 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

7.7 The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.

8. PROTECTION OF PERSONAL DATA, SENDING COMMERCIAL COMMUNICATIONS AND

STORAGE OF COOKIES

8.1 The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

8.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and other data (hereinafter collectively referred to as "personal data").

8.3 The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller.

8.4 The Buyer acknowledges that he is obliged to provide his personal data (when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

8.5 The Buyer consents to the Seller sending information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the Seller sending commercial communications to the Buyer's electronic address.

8.6 The Buyer agrees to the storage of cookies on his computer.

8.7 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

9. FINAL PROVISIONS

9.1 Relations and any disputes arising under the Agreement shall be governed exclusively by the applicable law of the Czech Republic and shall be resolved by the courts of the Czech Republic. All relations not governed by these Terms and Conditions shall be governed by the relevant provisions of the Civil Code as well as other related legislation. If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation. 

9.2 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.

9.3 The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activities are not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.

9.4 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

9.5 The provisions of the terms and conditions shall form an integral part of the contract of sale. The Terms and Conditions have been drawn up in the Czech language. In the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language shall apply. The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer, the Czech language interpretation of the contract shall apply in the event of a dispute over the interpretation of terms.

9.6 Contact details of the Seller: delivery address: Korunní 717/8, Prague 2, 120 00, e-mail address: info@brnumismatika.cz, telephone +420 773 30 20 20.

9.7 The Buyer agrees to receive promotional emails from BR Numismatika v.o.s.

9.8 The Terms and Conditions shall come into force on 7 February 2024.