Article 1 Fundamental Provisions

 

1.1. The present General Terms and Conditions of Trade (hereinafter referred to as the “General Terms”) regulate the mutual rights between the company L´antidote, s.r.o., IN: 062 20 479, with registered office in Široká 97/11, Josefov, 110 00 Praha 1, Czech Republic, registered in the Commercial Register kept by the Municipal court in Prague, section C, insert 278278 (hereinafter referred to as the “Company”) and the customers who will purchase goods from the Company as seller under a purchase contract (hereinafter referred to as the “Purchaser”).

1.2. A purchase contract relating to sale of goods between the Company and the Purchaser is made via an e-shop of the Company operated on the website www.lantidote.co (hereinafter referred to as the “Website”).

1.3. Goods within the meaning of the present General Terms are particularly deemed to be jewels and other products made of precious metals offered by the Company on its Website.

1.4. The General Terms form a general legal framework for the contractual relationship established by the purchase contract between the Company and the Purchaser. If different individual terms and conditions are agreed, such arrangements shall prevail over the provisions of the General Terms. 

1.5. Prior to the formation of the contractual relationship, the Purchaser is obliged to become familiar with the General Terms, including all appendices hereto, in particular the text of the Notice of Personal Data Protection, and the data on the goods which is available on the Company’s Website.

1.6. The General Terms shall not apply to the cases where the person intending to purchase goods from the Company is a legal entity or a party acting in the conduct of its business activity or in the independent conduct of its profession while ordering the goods.

1.7. The provisions of the General Terms are an integral part of the purchase contract. The purchase contract and the General Terms are executed in the Czech, English and French languages. The purchase contract may be entered into in Czech, English or French, however, it shall always be governed by Czech law.

 

 

Article 2 Contractual Relationship

 

2.1 The contractual relationship between the Purchaser and the Company will arise by virtue of an accepted purchase order made by the Purchaser via the Website and subsequently confirmed by the Company at the Purchaser’s e-mail address (hereinafter referred to as the “Contract”).

2.2 The contractual relationship between the Purchaser and the Company relates to an obligation of the Company to supply the Purchaser with the ordered goods and the obligation of the Purchaser to pay the agreed price in consideration of such goods.

2.3 Any and all presentation of the goods posted on the Website is of informative nature and the Company is not obliged to conclude the Contract with regard to the goods so displayed. Section 1732(2) of the Civil Code shall not apply.

2.4 The Website includes information on the goods, in particular prices of the specific goods. Prices of the goods are set out including any potential value added tax and all related charges. Prices of the goods remain in force for a period when they are displayed on the e-shop web interface. This provision does not limit the Company’s option to conclude the Contract under the terms and conditions individually agreed.

2.5 The Website also includes information concerning the packing and delivery costs. The information on packing and delivery costs specified on the e-shop web interface is only applicable in the cases where the goods are delivered within the territory of the Czech Republic.

2.6 To order the goods, the Purchaser shall complete a purchase order form on the Website. The purchase order form primarily includes information on:

a) the goods ordered (the Purchaser will place the goods in the electronic shopping basket);

b) the method of payment of the purchase price of the goods, details regarding requested method of delivery of the goods ordered;

c) information on any costs related to the delivery of the goods (hereinafter referred to collectively as the “Purchase Order”).

2.7 Prior to sending the Purchase Order to the Company, the Purchaser is allowed to check and change the details entered in the Purchase Order, including the Purchaser’s option to find out and repair any errors arising when details are entered in the Purchase Order. The Purchaser will send the Purchase Order to the Company by clicking on the button Place order. The details included in the Purchase Order are considered by the Company to be correct. Immediately after receiving the Purchase Order, the Company shall acknowledge such receipt by electronic mail at the Purchaser’s e-mail address specified in the User Account or in the Purchase Order. 

2.8 Depending on the nature of the Purchase Order (the quantity of the goods, the amount of the purchase price, the estimated cost of carriage) the Company is always entitled to request the Purchaser to additionally confirm the Order (in writing or by telephone, as an example).

2.9 The Purchaser agrees to using means of remote communication when concluding the Contract. Any costs incurred by the Purchaser as a result of using the means of remote communication in connection with the conclusion of the Contract (for example, the costs of the Internet connection, telephone calls) shall be paid by the Purchaser himself and such cost shall be different from the basic rates.

 

 

Article 3 Purchase Price and Terms of Payment

 

3.1 The Purchaser is only obliged to pay the price of the goods and any potential costs related with delivery of the goods under the Contract by applying the following methods:

a) payment online via GoPay;

L’Antidote IBAN is CZ90 5500 0000 0000 9923 9002.

3.2 Together with the purchase price, the Purchaser is also obliged to pay the Company any costs associated with the packing and delivery of the goods in the amount agreed. Unless it is explicitly provided otherwise, the purchase price shall hereinafter be deemed to include the costs associated with the delivery of the goods.

3.3 In case of cashless payment, the purchase price is due and payable within 5 days after the conclusion of the Contract. In case of cashless payment, the Purchaser’s obligation to pay the purchase price is deemed fulfilled at the time the relevant amount will be credited into the Company’s account.

3.4 The Company is entitled to request payment of the total purchase price as early as prior to the dispatching of the goods to the Purchaser. Section 2119(1) of the Civil Code does not apply.

 

 

Article 4 Carriage and Delivery of Goods

 

4.1 If the method of carriage is agreed by virtue of a specific requirement of the Purchaser, the Purchaser shall bear the risk of and any potential additional costs related with such method of carriage.

4.2 If the Company is obliged under the Contract to deliver the goods at the place specified by the Purchaser in the Purchase Order, the Purchaser is obliged to accept the goods at delivery. 

4.3 Should the goods be required to be delivered repeatedly or in any manner other than that specified in the Purchase Order on the grounds on the part of the Purchaser, the Purchaser is obliged to pay the costs associated with the repeated delivery of the goods, or rather the costs related to any other method of delivery.

4.4 At the acceptance of the goods from the contractual carrier, the Purchaser is obliged to check that the packaging is intact and in case of any defects to notify the carrier thereof without undue delay. If the packaging is found to be seemingly damaged due to unlawful   intrusion into the consignment, the Purchaser is not obliged to accept the consignment from the carrier.

 

 

Article 5 Withdrawal from the Contract

 

5.1 The Purchaser acknowledges that pursuant to Section 1837 of the Civil Code one cannot withdraw i.a. from a purchase contract for delivery of goods modified as wished by or for the Purchaser, from a purchase contract for delivery of perishables and goods irrecoverably mixed with other goods after delivery, from a purchase contract for delivery of goods in closed packaging that were taken out by the consumer therefrom and cannot be returned thereto on sanitary grounds and form a purchase contract for delivery of  audio or visual recording or computer programme if the original packaging thereof has been disrupted.

5.2 Unless the case involved falls within the provisions of Article 5.1 of the present General Terms or constitutes any other instance where one cannot withdraw from the Contract, the Purchaser is entitled in compliance with Section 1829(1) of the Civil Code to withdraw from the purchase contract within fourteen (14) days after acceptance of the goods and if the purchase contract relates to several types of goods or to the supply of several parts, such period shall commence to run as of the date of acceptance of the last delivery of the goods. Notice of withdrawal from the purchase contract shall be sent to the Company within the said period of time. For withdrawal from the Contract the Purchaser may use a template form provided by the Company which comprises Annex No. 1 to the present General Terms. The Purchaser may also send the notice of withdrawal from the Contract i.a. at the address of the Company’s premises or at the Company’s e-mail address lantidote@lantidote.co.

5.3 In case of withdrawal from the Contract pursuant to Article 5.2 of the present General Terms, the Contract shall become null and void from its very beginning. In such a case, the Purchaser is obliged to return the goods to the Company within fourteen (14) days after the date when the notice of withdrawal was delivered to the Company. If the Purchaser withdraws from the Contract, the Purchaser shall bear the costs related to the return of the goods to the Company even if, due to the nature thereof, the goods cannot be returned through the usual postal channels.

5.4 In case of withdrawal from the Contract pursuant to Article 5.2 of the present General Terms, the Company shall return the funds received from the Purchaser within fourteen (14) days after the withdrawal from the Contract in the manner identical to how the Company received them from the Purchaser. The Company is also entitled to return any payments made by the Purchaser already during the return of the goods by the Purchaser or in any other manner if the Purchaser so agrees and unless any further costs are thereby incurred by the Purchaser. If the Purchaser withdraws from the Contract, the Company is not obliged to return the received funds to the Purchaser earlier than the Purchaser returns the goods or proves to have dispatched the goods to the Company. 

5.5 The Company is entitled to unilaterally set off the claim for payment of damage caused to the goods against the Purchaser’s claim for returning the purchase price.

5.6 The Company is entitled to withdraw from the Contract at any time throughout the period over which the right to withdraw is enjoyed by the Purchaser pursuant to Section 1829(1) of the Civil Code. In such a case, the Company shall return the purchase price to the Purchaser without undue delay by making credit transfer into the account specified by the Purchaser.

5.7 The Company is also entitled to withdraw from the Contract in case of the Purchaser’s default of making payment of the purchase price, even in part.

 

 

Article 6 Miscellaneous Rights and Obligations

 

6.1 The Purchaser will only become the owner of the goods upon full payment of the agreed purchase price.

6.2 Rights arising from defective performance shall be governed by the Company’s complaint rules in force which is also available with the use of the following link: this page.

6.3 Any rights and obligations of the parties to the Contract related with the issues of personal data processing are thoroughly described in the document “Notice of Personal Data Processing” available at this page.

6.4 The Company will handle consumer complaints via the e-mail address lantidote@lantidote.co. The Company shall send information on dealing with the Purchaser’s complaint at the Purchaser’s e-mail address.

6.5 Out-of-court settlement of consumer disputes arising from the Contract is to be made by the Czech Trade Inspection Authority based at Štěpánská 567/15, 120 00 Prague 2, Business ID No.: 000 20 869, website: ….. The platform for on-line dispute resolution situated on the website http://ec.europa.eu/consumers/odr can be used for settlement of disputes arising from the Contract between the Company and the Purchaser.

6.6 The European Consumer Centre Czech Republic, with its seat at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz serves as a 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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

 

 

 

Article 7 Final Provisions

 

7.1 If the contractual relationship established under the Contract includes an international element, the Parties agree that the relationship shall be governed by Czech law. This choice of governing law does not affect the protection of the Purchaser as consumer. 

7.2 The present General Terms are executed and made available in Czech, English and French. Should any conflict occur between the Czech and English or French versions, the text of the General Terms in Czech prevails.

7.3 Should any provision of the present General Terms be or become invalid or ineffective, the invalid provisions will be replaced by the provision the purpose of which is as close to the invalid provision as practicable. Invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions. 

7.4 The relevant Contract, including the present General Terms, is archived by the Company in electronic form and is not accessible.

7.5 The present General Terms include one (1) annex which is an integral part hereof: 

– Annex No. 1 – Form Template for Withdrawal from Purchase Contract.

 

 

Prague, 1. 2. 2019