Terms and Conditions and Privacy Policy

1. General provisions

1. By submitting a binding order, the buyer confirms that they have read and agree to these terms and conditions. In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), these terms and conditions define and specify the rights and obligations arising from the conclusion of a purchase contract between the seller: 4C minerals, s.r.o., Korunní 906/29, 120 00 Prague 2, Company ID 28505841, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 146520, operating an online shop with minerals and jewellery at https://4cminerals.cz/shop/ (hereinafter the “website”), through the interface of the website (hereinafter the “shop web interface”), and the buyer.
2. Provisions deviating from these terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
3. The provisions of these terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in Czech and English. The purchase contract may be concluded in Czech or English.
4. The seller may amend or supplement the wording of these terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. Definitions

1. Price is the amount you will pay for the goods;
2. Shipping price is the amount you will pay for the delivery of the goods, including the price of packaging;
3. Total price is the sum of the price and the shipping price;
4. VAT is value added tax in accordance with applicable legislation;
5. Invoice is a tax document issued for the total price in accordance with the Value Added Tax Act;
6. Order is the buyer’s irrevocable proposal to conclude a contract for the purchase of goods with the seller;
7. User account is an account set up on the basis of data provided by the buyer, which allows the entered data and the history of ordered goods and concluded contracts to be stored.

3. Subject of the contract

1. The subject of the contract is the goods specified in the buyer’s binding order. The dimensions, weight, locality of origin and the corresponding photograph(s) correspond to the properties of each individual item. Before ordering, the buyer may send a question by e-mail to verify or supplement this information. All photographs are protected by copyright.
2. The stones sold on this website are decorative or collectible items, intended to be handled accordingly, in particular for display. They should be kept out of reach of small children. They are not intended for consumption or contact with mucous membranes and may contain components hazardous to health, both physically (sharp crystals, needle-like to fibrous crystals) and chemically (elements harmful to health). The seller accepts no liability for any health consequences resulting from handling other than the standard handling of collectible or decorative items.
3. The seller undertakes to deliver the goods to the buyer in a condition that complies with the specification given in the description.
4. The place of delivery is the delivery address specified by the buyer in the order form.

4. User account

1. Based on registration on the website, the buyer can access their user interface, from which the buyer can order goods (hereinafter the “user account”). If the shop web interface allows it, the buyer may also order goods without registration directly from the shop web interface. To create a user account, the information required by the registration form must be completed.
2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information in the user account whenever it changes. Information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
3. The buyer is not entitled to allow third parties to use the user account.
4. The seller may cancel a user account, in particular if the buyer has not used it for more than 3 years or if the buyer breaches their obligations under the purchase contract (including these terms and conditions).
5. The buyer acknowledges that the user account may not be available continuously, in particular due to necessary maintenance of the seller’s hardware and software, or necessary maintenance of the hardware and software of third parties.

5. Records and protection of personal data

1. All personal data provided by the buyer are confidential, will be used exclusively for the seller’s business purposes and will not be disclosed to third parties. The only exception are external carriers (Česká pošta s.p., etc.). All data will be handled in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data.
2. The buyer consents to the processing of the following personal data: name and surname, residential address, company ID, tax ID, e-mail address and telephone number (hereinafter collectively the “personal data”).
3. By ticking the box “I agree to the processing of personal data for the purpose of sending the newsletter”, the buyer also consents to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope of this article is not a condition that would in itself prevent the conclusion of a purchase contract.
4. Personal data will be processed for an indefinite period, in electronic form and by automated means, for the above purposes until the consent is withdrawn. The customer may withdraw consent at any time by sending an e-mail from the e-mail address for which consent was given.
5. The buyer consents to the storage of cookies on their computer. If a purchase on the website can be made and the seller’s obligations under the purchase contract can be fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw the consent under the previous sentence at any time.

6. Ordering goods and concluding the contract

1. The shop web interface contains information about the goods, including the prices of individual goods. Prices include value added tax and all related fees. Prices remain valid for as long as they are displayed in the shop web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed terms. The shop web interface also contains information about the costs of packaging and delivery of the goods.
2. For an order to be valid, the buyer must properly complete all required information and particulars in the order form. To order goods, the buyer completes the order form in the shop web interface. The order form contains in particular information about:
   • the goods ordered (the buyer “places” the ordered goods in the electronic shopping cart of the shop web interface),
   • the method of payment of the purchase price, the requested method of delivery, and the buyer’s identification and contact details needed for the seller to deliver the goods, in particular name, surname, delivery address, telephone number and e-mail address,
   • the costs associated with the delivery of the goods (hereinafter collectively the “order”).
3. While creating the order, the buyer may check and change the information until the order is completed. After checking, the buyer completes the order by pressing the “Place order” button. Before pressing the button, the buyer must confirm that they have read and agree to these terms and conditions, otherwise the order cannot be completed. A checkbox is used for this confirmation and consent. After pressing the “Place order” button, all completed information is sent directly to the seller. Submitting the order is considered an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the buyer and the method of payment, and constitutes a binding proposal of the purchase contract for the contracting parties. The order is valid only if all mandatory fields of the order form are completed, the buyer has read these terms and conditions on the website and has confirmed having read them.
4. Immediately after receiving the order, the seller will confirm receipt to the buyer by e-mail to the buyer’s e-mail address given in the user interface or in the order (hereinafter the “buyer’s e-mail address”). Depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
5. A proposal of a purchase contract in the form of an order is valid for fifteen days.
6. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which the seller sends to the buyer by e-mail to the buyer’s e-mail address.
7. If the seller cannot meet any of the requirements stated in the order, the seller will send the buyer an amended offer with possible order options to the buyer’s e-mail address and request the buyer’s opinion. The amended offer is considered a new proposal of a purchase contract, and in such a case the purchase contract is concluded only upon the buyer’s acceptance by e-mail.
8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer in using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer and do not differ from the standard rate.
9. If an obviously incorrect price is stated in the online shop or in the order, the seller is not obliged to deliver the goods to the buyer at that price, even if the buyer has received an order confirmation and the contract has therefore been concluded. In such a situation, the seller will contact the buyer without delay and send an offer to conclude a new contract in a form amended from the order. The new contract is then concluded when the buyer confirms the new offer. An obvious price error is, for example, a situation where the price does not correspond to the usual price of the goods or where a digit is missing or extra.
10. Once the contract is concluded, the buyer is obliged to pay the total price. The buyer undertakes to accept the ordered goods and to pay the total price of the goods including delivery costs (postage, cash on delivery) stated in the order confirmation.
11. The buyer has the right to cancel a submitted order by a notice sent to the seller’s e-mail address [email protected] no later than one hour after submitting the order.
12. Depending on the nature of the order – quantity of goods, price and the like – the seller is entitled to ask the buyer to authorise the order in a suitable way (e.g. by e-mail or telephone). The order is considered invalid if the buyer refuses to provide this authorisation in the requested way. The seller reserves the right to refuse an order if the information about the buyer or the place of delivery is misleading, incorrect or incomplete.
13. If the buyer fails to fulfil their obligation to accept and pay for goods bindingly ordered, the seller has the right to suspend or refuse the processing of further orders from this buyer.

7. Price of goods and payment terms

1. Together with the purchase price, the buyer is obliged to pay the seller the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs of delivery. The seller does not require a deposit or any similar payment from the buyer.
2. The buyer may pay the price of the goods and any delivery costs under the purchase contract in the following ways:
   1. in cash at the seller’s store at Korunní 906/29;
   2. in cash on delivery at the place specified by the buyer in the order;
   3. by cashless payment through the payment gateway of Comgate, a.s.

      Online payments for this online shop are provided by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed payment institution supervised by the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

      Details about the payment gateway and Comgate, a.s. are available at: https://www.comgate.cz/cz/platebni-brana

      Card payment

      The Comgate payment gateway supports Visa, Visa Electron, Mastercard and Maestro cards.

      Card payment procedure: when the customer selects “card payment” in the “Checkout” form and confirms the choice with the “proceed to card payment” button, the Comgate payment gateway opens. After entering the “card number”, the “expiry date” and the “CVC/CVV” – the three digits on the signature strip on the back of the card – the customer confirms the payment by pressing the “pay XYZ” button showing the amount of the order. When the payment is successful, the confirmation “payment completed” appears.

      Card payment in a currency not supported by the online shop: If the customer pays with a supported card, they pay in the currency in which the card account is held. In such a case, the conversion to that currency is carried out by the customer’s home bank at its current exchange rate.

      Bank transfer

      Instant payment via internet banking: when the customer selects “bank transfer” in the “Checkout” form and confirms the choice with the “proceed to payment” button, the Comgate payment gateway opens.

      The Comgate payment gateway redirects the customer to their internet banking, where they log in in the usual way and confirm the prepared payment order. After completing the payment, the customer is redirected back to the shop. The payment is confirmed immediately.

      Contact details of Comgate, a.s. for complaints or payment enquiries:
      Comgate, a.s.
      Gočárova třída 1754 / 48b, Hradec Králové
      E-mail: [email protected]
      Tel: +420 228 224 267

3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled when the amount is credited to the seller’s account.
4. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
5. The seller issues a tax document – invoice – to the buyer for payments made under the purchase contract. The seller is a VAT payer. The seller issues the tax document – invoice – after the price of the goods has been paid and sends it in electronic form to the buyer’s e-mail address.

8. Withdrawal from the contract

1. In accordance with Section 1829(1) of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period stated in the previous sentence.
2. Under the law, the buyer may withdraw from the purchase contract by first informing the seller by e-mail at [email protected] or in writing at the correspondence address of the online shop: 4C minerals, Korunní 906/29, 120 00 Prague 2.
3. The buyer is obliged to return the goods to the seller complete, including full documentation (invoice, completed return form provided by the seller, which forms an annex to these terms and conditions), undamaged and, if possible, in the original shipping packaging (this is not mandatory). Otherwise, the seller may refuse the goods or, by agreement, claim proportionate compensation from the purchase price.
4. In the case of withdrawal from the purchase contract under Article 8.1 of these terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by regular post due to their nature.
5. In the case of withdrawal from the contract under Article 8.1 of these terms and conditions, the seller will refund the money received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract. The seller may also refund the amount when the goods are returned by the buyer or in another way, provided the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the money before the buyer returns the goods or proves that the goods have been sent to the seller.
6. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
7. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will refund the purchase price to the buyer without undue delay by bank transfer to the account specified by the buyer.

9. Shipping and delivery of goods

1. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
2. For fragile items whose nature is not compatible with shipping by courier, the seller reserves the right to hand over the purchased item in person only. Such items are marked with a note in the product description on the website.
3. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
4. If, for reasons on the buyer’s side, the goods need to be delivered repeatedly or in a way other than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery or with the other method of delivery.

   If a shipment is sent again after it was not collected in time, the buyer reimburses the seller for the costs of sending the order in full (postage).

   If an order – a cash-on-delivery shipment or one paid by bank transfer – is not collected, a penalty of CZK 200 is charged to cover the necessary costs incurred by the seller as a result, payable within 14 calendar days of the return of the shipment. Failure to collect the shipment does not terminate the purchase contract, and the seller is entitled to payment of the shipping costs.

5. When taking over the goods from the carrier, the buyer is obliged to check that the packaging is intact and to report any defects to the carrier immediately. If the packaging is found to be damaged in a way indicating unauthorised entry into the shipment, the buyer does not have to accept the shipment from the carrier. The carrier assumes responsibility for the transport of the shipment.
6. Goods are dispatched via a carrier (Česká pošta, s.p., etc.) within 5 working days of the order confirmation. The shipping price depends on the weight of the shipment and is shown in the order form. Cash on delivery is charged at CZK 36. Personal collection at our store at Korunní 29 is free of charge.

10. Delivery of notices

1. Notices concerning the relationship between the seller and the buyer, in particular concerning withdrawal from the purchase contract, if sent in writing, must be delivered by registered post. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery by post, with the exception of a notice of withdrawal from the contract made by the buyer, which is effective if it is sent by the buyer within the withdrawal period.
2. A notice is also considered delivered if its acceptance was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.
3. The contracting parties may deliver regular correspondence to each other by e-mail, to the e-mail address stated in the buyer’s user account or given by the buyer in the order, or to the address stated on the seller’s website.

11. Rights from defective performance

1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legislation (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
2. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
   • the goods have the properties agreed by the parties and, in the absence of an agreement, the properties described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising;
   • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used;
   • the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model;
   • the goods are in the appropriate quantity, measure or weight;
   • the goods comply with the requirements of legal regulations.
3. The provisions of Article 11.2 of these terms and conditions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if this follows from the nature of the goods.
4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.
5. If the goods have a defect, the buyer may notify the seller of the defect and exercise the rights from defective performance (i.e. make a complaint) by sending an e-mail to [email protected] or a letter to 4C minerals s.r.o., Korunní 906/29, 120 00 Prague 2. The sample form, which forms an annex to these terms and conditions, may be used for the complaint. When exercising the right from defective performance, the buyer must choose how they want the defect to be resolved.

   The complaint is considered to have been made at the moment the seller receives the claimed goods from the buyer.

   Address for sending claimed goods:
   4C minerals, s.r.o.
   Korunní 906/29
   120 00 Prague 2
   Czech Republic

12. Final provisions

1. Unless these terms and conditions provide otherwise, the legal relationships between the contracting parties are governed by the New Civil Code, Act No. 89/2012 Coll.
2. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legislation.
3. The buyer acquires ownership of the goods upon payment of the full purchase price.
4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
5. If a consumer dispute arises between the seller and a consumer from a purchase contract or a contract for the provision of services that cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of the dispute with the designated body for out-of-court settlement of consumer disputes, which is:
6. Czech Trade Inspection Authority (Česká obchodní inspekce)
   Central Inspectorate – ADR Department
   Štěpánská 15, Prague 2, 120 00
   E-mail: [email protected]
   Web: adr.coi.cz
7. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8. A sample form for withdrawal from the purchase contract forms an annex to these terms and conditions.
9. Seller’s contact details:
   4C minerals, s.r.o.
   Korunní 906/29
   120 00 Prague 2
   Czech Republic
   E-mail: [email protected]
   Phone: +420 601 555 226