Terms and Conditions
General Terms and Conditions
Mariana Berecová, ID: 08816786,
Located at Květoslava Mašity 291,
Všenory 25231, Czech Republic
Contact details:
Email: marianaberec@gmail.com
Phone: +420 607 927 265
- Preamble
These General Terms and Conditions (hereinafter referred to as "GTC") apply to purchases in the online store manaberec.com, operated by Mariana Berecová, ID: 08816786, located at Květoslava Mašity 291, Všenory 25231, Czech Republic. These GTC regulate, in accordance with Section 1751 Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations arising in connection with or based on the sale of goods between Mariana Berecová, ID: 08816786, located at Květoslava Mašity 291, Všenory 25231, Czech Republic (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer") via the website www.manaberec.com (hereinafter referred to as the "website"). All contractual relations are concluded in accordance with the legal order of the Czech Republic. By placing an order, the Buyer confirms that they have read these terms and conditions, which include the complaints procedure, and agree with them. The Buyer is sufficiently notified of these terms before placing the order and has the opportunity to familiarize themselves with them.
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Definitions
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Seller
The Seller is Mariana Berecová, ID: 08816786, located at Květoslava Mašity 291, Všenory 25231, Czech Republic.
- Buyer
Under the applicable legal regulations, a distinction is made between a consumer and a non-consumer buyer. A consumer is a natural person who, when concluding and fulfilling a purchase agreement with the Seller, does not act within the scope of their business or other entrepreneurial activities or in the course of performing their profession. A consumer provides the Seller with only the necessary contact details required to process the order or any details they wish to appear on the purchase documents at the start of the business relationship.
An individual agreement between the Seller and the Buyer takes precedence over the General Terms and Conditions.
- Consumer Contract
A consumer contract includes a purchase contract, contract for work, or other contracts under the Civil Code, when one party is a consumer and the other is a supplier or the Seller.
- Processing of Personal Data
Information on the processing of personal data is provided on www.manaberec.com.
- Order and Conclusion of the Agreement
The Buyer is entitled to submit an order to the Seller only through the ordering system of the online store. The placement of offered goods on the website by the Seller constitutes an offer to conclude a purchase agreement. The purchase agreement is formed when the consumer Buyer submits an order and the Seller accepts it. The Seller will promptly confirm receipt of the order as per Section 1827 Paragraph 1 of the Civil Code by email to the email address provided by the Buyer. This confirmation does not constitute acceptance of the offer to conclude the contract. The purchase agreement itself is concluded when the Seller accepts the offer, which is considered acceptance upon dispatching the goods or explicit acceptance by email or phone. The concluded agreement (including the agreed price) may be modified or canceled only by mutual agreement or based on legal reasons. These GTC are prepared in the Czech language, and the purchase agreement may also only be concluded in Czech. A consumer with a permanent residence in an EU member state outside the Czech Republic or a citizen of an EU member state outside the Czech Republic, by confirming the order, agrees to conclude the purchase agreement in Czech. After the purchase agreement is concluded, it is not possible to detect or correct any errors made during the data processing before the order was submitted. The concluded purchase agreement is archived by the Seller and is accessible to the Buyer upon request for 5 years from the date of signature.
6. Price and Payment
The prices offered on the Seller's online store are contractual, final, always current, and valid for as long as they are available for sale in the online store. Shipping costs are provided in the section "Delivery Time and Conditions." The Buyer is responsible for the costs of using remote communication tools. The final calculated price after completing the order form already includes shipping costs. The price valid when the contract is concluded between the Seller and the Buyer is the price listed for the goods at the time the Buyer places the order. The tax document based on the purchase agreement between the Seller and the Buyer also serves as a delivery note. The Buyer may receive the goods only after full payment unless otherwise agreed. If the Buyer makes payment but the Seller is unable to deliver the goods, the Seller will promptly return the payment to the Buyer in the agreed manner. The period for returning the payment depends on the chosen method of return but must not exceed 30 days from the moment the inability to deliver arises. The goods remain the property of the Seller until full payment is made. The Seller accepts the following payment methods:
- Payment in cash or by card upon receipt at BackYard locations.
- Payment in advance via bank transfer.
- Payment in advance online.
- For invoice payments, the due date is 14 days from the date of issuance unless the parties agree otherwise. The Buyer must ensure the amount is credited to the Seller's account by the invoice due date; otherwise, the Buyer will be in default.
7. Delivery Time and Conditions
The Seller fulfills the delivery of goods by handing over the goods to the Buyer or by delivering the goods to the first carrier, thereby transferring the risk of damage to the goods to the Buyer. Product availability is always listed in the product details. The delivery time depends on product availability, payment conditions, and delivery conditions, and will be a maximum of 14 days. In usual cases, the goods are shipped within 3 working days from the full payment of the purchase price. The final delivery date is always provided in the email confirming the order. Installation of purchased goods is not included in the delivery. The Seller will send the invoice to the Buyer electronically. The delivery time begins for goods to be paid upon receipt (cash on delivery) on the day the purchase contract is validly concluded, as specified in Article 4 of these GTC. If the Buyer has selected a payment method other than cash on delivery, the delivery time begins only after full payment of the purchase price, i.e., after the amount is credited to the Seller's account. If the goods are returned by the Buyer within 14 days, the Buyer will bear the shipping costs.
8. Consumer's Right of Withdrawal
A consumer has the right to withdraw from the contract without stating a reason within 14 days from the date of receiving the goods. To exercise this right, the consumer must inform the Seller of their decision to withdraw from the contract by sending an email to marianaberec@gmail.com. If the consumer withdraws from the contract, the Seller will promptly refund all payments made, including delivery costs, by the same payment method used by the consumer, no later than 14 days from the withdrawal. The shipment must include all documents, including a copy of the invoice, or the contract must otherwise be verifiably proven. The Seller will refund the money by another method only if the consumer agrees and no additional costs are incurred. In case of withdrawal or complaint, the refunded amount will be transferred to the consumer's bank account. If the consumer chose a delivery method other than the cheapest one offered by the Seller, the Seller will refund the shipping costs up to the amount of the cheapest offered shipping method.
Except for cases where withdrawal is explicitly agreed upon, the consumer cannot withdraw from the contract regarding the sale of goods made of gold or silver, as per Section 1837 of the Civil Code, since the price of such goods depends on fluctuations in the financial market, which are beyond the Seller's control and may occur during the withdrawal period.
9. Complaints
All goods come with a 24-month warranty. The warranty does not cover wear and tear caused by regular use. The warranty conditions, the exercise of rights, and the complaint process are regulated in detail by the complaints procedure, which is available on the complaints page. For out-of-court resolution of consumer disputes from the purchase agreement, the Czech Trade Inspection Authority is competent, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer from the purchase agreement.
10. Rights from Defective Performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant mandatory provisions (especially Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code). The Buyer’s right from defective performance is established by a defect in the goods at the moment the risk of damage passes to the Buyer, even if the defect appears later. The right is also established by a defect that arises later, which the Seller caused by breaching their obligation. If the defective performance is a substantial breach of the contract, the Buyer has the right to:
- have the defect removed by delivering a new defect-free item or providing the missing item,
- have the defect removed by repairing the item,
- receive a reasonable discount from the purchase price,
- withdraw from the contract. The Buyer must inform the Seller of the chosen right at the time of notifying the defect or without undue delay after notifying the defect. The Buyer cannot change their choice without the Seller's consent, except if the Buyer requests the repair of a defect that is found to be irreparable. If the Seller does not remove the defect within a reasonable time or notifies the Buyer that the defect will not be removed, the Buyer may request a reasonable discount from the purchase price instead of having the defect removed or may withdraw from the contract.
If the defective performance is not a substantial breach of the contract, the Buyer has the right to have the defect removed or receive a reasonable discount from the purchase price.
Until the Buyer applies for a price reduction or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. Other defects can be removed by the Seller at their discretion either by repairing the item or delivering a new one, provided that the choice does not cause unreasonable costs to the Buyer.
If the Seller does not remove the defect of the item in time or refuses to remove the defect, the Buyer may request a discount from the purchase price or may withdraw from the contract. The Buyer cannot change their choice without the Seller’s consent.
The Buyer cannot withdraw from the contract or demand a new item if they cannot return the item in the condition in which it was received. This does not apply if:
- the condition of the item has changed due to inspection to identify the defect,
- the Buyer used the item before discovering the defect,
- the Buyer did not cause the impossibility of returning the item in its original condition by action or omission,
- the Buyer sold the item before discovering the defect, or altered the item during normal use, provided the change was partial, in which case the Buyer must return what is still possible and reimburse the Seller to the extent the Buyer benefited from using the item.
The Seller has the right to withdraw from the contract if the Buyer fails to pay the full purchase price within 30 days from the date of concluding the purchase agreement.
11. Final Provisions
The Buyer will allow the Seller to fulfill their obligations in accordance with the Offer/Contract and will provide all necessary cooperation. The Buyer undertakes to cover all costs incurred by the Seller in sending reminders and costs associated with the collection of any receivables. The Buyer acknowledges that the Seller is entitled to assign their claim from the contract to a third party. The Buyer will promptly inform the Seller of any changes to their identification details, no later than 5 working days from the date such change occurs. Both parties agree to make every effort to resolve any disputes arising from the Contract and/or these Terms and Conditions amicably. The mutual contractual relationship between the parties is governed by the legal system of the Czech Republic, particularly Act No. 89/2012 Coll., the Civil Code, as amended. For contracts with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and Council of the European Union on June 17, 2008 (hereinafter "Rome I"), the parties have chosen Czech law as the governing law for the purchase contract and these Terms and Conditions, excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods." This choice does not affect Article VI of Rome I concerning consumer contracts. In the event that any provision of the Contract and/or these Terms and Conditions is or becomes invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Contract and/or these Terms and Conditions. In such cases, the parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that will have the same legal and permissible effect as the original provision. These Terms and Conditions are effective as of February 1, 2020, and are also available on the Seller's website. The Seller reserves the right to modify these Terms and Conditions at any time. The Terms and Conditions will then cease to be valid and effective on the date the new Terms and Conditions take effect.
These Terms and Conditions are valid as stated on the Seller's website on the day the Buyer sends the electronic order, which the Buyer accepts without reservation.
In the event of changes to the Terms and Conditions, the Buyer may obtain the original Terms and Conditions valid at the time the purchase contract was concluded by submitting a request to marianaberec@gmail.com.
These Terms and Conditions and the complaint procedure take effect on November 1, 2024. The Seller is entitled to change the Terms and Conditions and the complaint procedure unilaterally.
Clause on the Sale of Gold or Silver
The Seller is registered with the Assay Office, registration number: 13659, currently using Czech hallmarking marks for gold, silver, and platinum goods.
The Seller uses the following marks to label their products:
Currently used hallmarks for gold, silver and platinum goods: