Terms and Conditions - Complete version

I. General Provisions

1. These general terms and conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code").

business company Czech Soul s.r.o.

with registered office at Družstevní 2223/21, 62100 Brno, Czech Republic

identification number: 63488639

registered in the Commercial Register maintained by Regional Court in Brno, Czech Republic, Section C, Insert 94271

for the sale of goods through an online store located at www.goldbee.sk

(hereinafter referred to as "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person entering into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as "Buyer") via the web interface available at www.goldbee.sk (hereinafter "Online Store").

3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Divergent agreements in the purchase contract shall take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Slovak language.

II. Information About Goods and Prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided next to each product in the Online Store catalog. Prices include value-added tax, all related fees, and costs of returning the goods if, by their nature, they cannot be returned by regular postal service. Prices remain valid for the duration they are displayed in the Online Store. This provision does not exclude concluding a purchase contract under individually agreed conditions.

2. All product presentations in the Online Store catalog are informative, and the Seller is not obliged to conclude a purchase contract regarding these goods.

3. The Online Store publishes information on costs associated with packaging and delivery of goods. The information applies only to deliveries within the territory of the Slovak Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and Buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection, telephone calls) shall be borne by the Buyer. These costs do not differ from the standard rate.

2. The Buyer places an order for goods by the following methods:

via their customer account, if previously registered in the Online Store,
by filling out the order form without registration.

3. When placing an order, the Buyer selects the goods, quantity, payment method, and delivery method.

4. Before sending the order, the Buyer can review and modify the entered data. The order is sent to the Seller by clicking the "Submit Order" button. The data in the order is considered correct by the Seller. The order is valid only if all mandatory fields are completed and the Buyer confirms that they have read these Terms and Conditions.

5. Immediately upon receiving the order, the Seller sends the Buyer an order receipt confirmation to the email address provided by the Buyer. This confirmation is automatic and does not constitute the conclusion of a contract. The purchase contract is concluded only after the Seller accepts the order. Notification of order acceptance is sent to the Buyer's email address. / Immediately upon receiving the order, the Seller sends the Buyer an order receipt confirmation to the email provided by the Buyer. This confirmation is considered the conclusion of the contract. The purchase contract is concluded by the Seller's order confirmation. The Seller undertakes to dispatch the ordered goods no later than 14 days from the order date.

6. If the Seller cannot meet any of the requirements in the order, they will send the Buyer a modified offer via email. This modified offer constitutes a new proposal for the purchase contract, and the contract is concluded upon the Buyer's confirmation of acceptance.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order before receiving notification of acceptance. Cancellation can be done by phone or email as listed in these Terms and Conditions.

8. If there is a clear technical error by the Seller regarding the price in the Online Store or during ordering, the Seller is not obliged to deliver the goods at the incorrect price, even if the automatic order confirmation was sent. The Seller will promptly inform the Buyer and send a modified offer. Acceptance of this modified offer constitutes a new contract.

IV. Customer Account

1. Upon registration in the Online Store, the Buyer can access their customer account to place orders. Ordering is also possible without registration.

2. When registering and ordering, the Buyer must provide correct and truthful data and update it as needed. The Seller considers the provided data correct.

3. Access is secured by username and password. The Buyer must keep login credentials confidential. The Seller is not liable for misuse by third parties.

4. The Buyer cannot allow third parties to use their account.

5. The Seller may cancel accounts in cases of inactivity or breach of obligations.

6. The Buyer acknowledges that the account may not be continuously available due to maintenance of Seller's or third-party systems.

V. Payment and Delivery

1. The Buyer can pay the purchase price and delivery costs by:

bank transfer to Seller's account IBAN CZ8020100000002901033618, BIC FIOBCZPPXXX at Fio Banka,
payment card,
bank transfer via ComGate Payments gateway,
cash on delivery,
cash or card at personal pickup location.

2. The Buyer must also pay agreed costs of packaging and delivery unless stated otherwise.

3. Cash payments are due upon receipt. Non-cash payments are due within 14 days of the contract conclusion.

4. Payments via gateway follow the provider's instructions.

5. Payment obligation is fulfilled upon crediting the Seller's account.

6. No advance payment is required.

7. The Seller issues a receipt and records the transaction according to law.

8. Goods are delivered:

to the address specified by the Buyer,
via parcel pickup points,
by personal collection at Seller's location.

9. Delivery method is selected during ordering.

10. Delivery costs depend on the method and are listed in the order confirmation.

11. Buyer must accept delivery. Re-delivery costs for special requests are borne by the Buyer.

12. Buyer must check packaging integrity upon receipt and report defects to the carrier immediately.

13. Seller issues an invoice, sent by email or included with the goods, for digital products usually within 3 working days, max 15 days.

14. Ownership transfers upon full payment and receipt of goods. Risk passes to Buyer upon receipt.

15. Vouchers cannot be combined with discounts. 1 purchase = 1 voucher or 1 discount code.

VI. Withdrawal from the Contract

1. A Buyer who concluded the purchase contract outside of their business activity, as a consumer, has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 30 days:

from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or multiple deliveries,
from the date of receipt of the first delivery of goods, if the contract concerns regular repeated deliveries of goods.

3. The Buyer may not withdraw from the purchase contract in the following cases, among others:

in the case of goods that have been custom-modified at the Buyer’s request, consisting in their extension or shortening, the Buyer is not entitled to withdraw from the purchase contract within 14 days from the date of receipt of the goods. The Buyer is clearly informed of this fact before completing the order.
provision of services, if they have been fully performed with the Buyer’s prior explicit consent before the expiry of the withdrawal period, and the Seller informed the Buyer before concluding the contract that in such a case the Buyer would lose the right of withdrawal,
delivery of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period,
delivery of alcoholic beverages which may be delivered after 30 days and whose price depends on fluctuations in the financial market beyond the Seller’s control,
delivery of goods that have been customized according to the Buyer’s request or for their person,
delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
delivery of goods in a sealed package which the Buyer has removed and which cannot be returned for hygienic reasons,
delivery of audio or visual recordings or computer programs if the original packaging has been broken,
delivery of newspapers, periodicals, or magazines,
delivery of digital content not supplied on a tangible medium, if the Buyer has given prior explicit consent before the expiry of the withdrawal period and the Seller informed the Buyer that in such a case the Buyer would lose the right of withdrawal,
in other cases specified in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.

5. The Buyer may use the standard withdrawal form provided by the Seller. The withdrawal notice shall be sent to the Seller’s email or mailing address stated in these Terms and Conditions. The Seller shall immediately confirm receipt of the form to the Buyer.

6. A Buyer who withdraws from the contract is obliged to return the goods to the Seller within 14 days from withdrawal. The Buyer shall bear the costs associated with returning the goods to the Seller, including in cases where the goods cannot be returned by the usual postal method due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall refund all amounts received from the Buyer, including delivery costs, without undue delay, but no later than 14 days from withdrawal, using the same method of payment. The Seller may refund using a different method only if the Buyer agrees and no additional costs are incurred for the Buyer.

8. If the Buyer chose a delivery method other than the least expensive one offered by the Seller, the Seller shall refund the delivery costs corresponding to the least expensive offered delivery method.

9. The Seller is not obliged to refund the received amounts before the Buyer returns the goods or provides proof of dispatch to the Seller.

10. The goods must be returned by the Buyer undamaged, unused, and clean, and, if possible, in the original packaging. The Seller is entitled to offset any damage to the goods against the Buyer’s claim for a refund.

11. The Seller is entitled to withdraw from the contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or import. The Seller shall immediately inform the Buyer by email and refund all amounts received, including delivery costs, within 14 days from the notice of withdrawal, using the same method or the method specified by the Buyer.

12. The Buyer shall always bear the costs of returning the goods!

VII. Rights Arising from Defective Performance

1. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:

the goods have the properties agreed upon by the parties, and if no agreement exists, they have such properties as described by the Seller or manufacturer or as the Buyer expected with regard to the nature of the goods and based on their advertising,
the goods are fit for the purpose stated by the Seller or for which goods of this type are usually used,
the goods correspond in quality or workmanship to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
the goods are in the appropriate quantity, measure, or weight and comply with legal requirements.

2. The Seller’s obligations arising from defective performance are at least to the same extent as those of the manufacturer. The Buyer is otherwise entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months from receipt.

3. If a period during which the goods may be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on quality warranty shall apply. By providing a quality warranty, the Seller undertakes that the goods will be fit for use for their usual purpose or will retain their usual properties for a certain period. If the Buyer rightfully claims a defect, the period for exercising rights arising from defective performance and the warranty period shall not run for the time during which the Buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for defects corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or if this follows from the nature of the goods. The Buyer is not entitled to rights arising from defective performance if the Buyer knew about the defect before receiving the goods or caused the defect themselves.

5. In the event of a defect, the Buyer may submit a claim to the Seller and request:

replacement with new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

if the goods have a substantial defect,
if the goods cannot be properly used due to repeated occurrence of a defect or defects after repair,
in the case of a larger number of defects in the goods.

7. A substantial breach of contract is one which the breaching party knew or should have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen such a breach.

8. In the case of a defect constituting a non-substantial breach of contract (regardless of whether the defect is removable or not), the Buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

9. If a removable defect occurs repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects simultaneously), the Buyer has the right to request a discount on the purchase price, replacement of the goods, or withdrawal from the contract.

10. When making a claim, the Buyer is obliged to inform the Seller of the right they have chosen. A change of choice without the Seller’s consent is only possible if the Buyer requested repair of a defect that proves to be irreparable. If the Buyer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.

11. If repair or replacement of the goods is not possible, the Buyer may withdraw from the contract and request a full refund of the purchase price.

12. If the Seller proves that the Buyer knew about the defect before receiving the goods or caused it themselves, the Seller is not obliged to satisfy the Buyer’s claim.

13. The Buyer cannot claim discounted goods for the reason for which the goods were discounted.

14. The Seller is obliged to accept claims at any establishment where acceptance is possible, or at its registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised the right, what the content of the claim is, and what method of settlement the Buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of repair and its duration, or written justification for rejection of the claim.

15. The Seller or an authorized employee shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. The claim, including removal of the defect, must be settled without undue delay, no later than 30 days from the date the claim is made, unless the Seller and Buyer agree on a longer period. Failure to meet this deadline is considered a substantial breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered the moment when the Buyer’s expression of will (exercise of the right from defective performance) is delivered to the Seller.

16. The Seller shall inform the Buyer in writing about the outcome of the claim.

17. The Buyer is not entitled to rights arising from defective performance if they knew about the defect before receiving the goods or caused it themselves.

18. In the case of a justified claim, the Buyer has the right to reimbursement of reasonably incurred costs associated with making the claim. This right may be exercised with the Seller within one month after the expiry of the warranty period; otherwise, it may not be granted by a court.

19. The Buyer has the right to choose the method of claim resolution.

20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

21. Further rights and obligations related to the Seller’s liability for defects are governed by the Seller’s complaints procedure.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in the Buyer’s customer account or in the order.

IX. Personal Data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give us written consent, we will not use your data in any way other than for the purpose of fulfilling the contract, except for your email address, to which commercial communications may be sent, as permitted by law unless you refuse. These communications may relate only to similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, email, or clicking a link in the commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on personal data protection can be found in the Privacy Policy HERE

X. Out-of-Court Dispute Resolution

1. The Slovak Trade Inspection Authority, with its registered office at Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

3. The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the competent trade office. The Slovak Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

XI. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

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

3. All rights to the Seller’s website, especially copyrights to content, including layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.

4. The Seller is not liable for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the Buyer must not use procedures that could negatively affect its operation and must not engage in any activity that could allow them or third parties to unlawfully interfere with or use the software or other components of the online store, or use the online store or its parts in a manner contrary to its intended purpose.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the effectiveness of previous versions of the Terms and Conditions.

8. A model withdrawal form is attached to the Terms and Conditions.

These Terms and Conditions come into force on 1 August 2020.