Store Policy
General provisions
These terms and conditions further define and specify the rights and obligations when concluding a purchase contract between the seller (Mgr. Sebastián Hreus, PhD., with registered office at Spišský Hrušov 162, 053 63, Slovakia, Company ID 45 645 272 (hereinafter referred to as the "Seller"), operating an online store with stones and jewelry at https://www.carpathia-minerals.com/)
and the buyer, who is a natural person, not a business person, i.e. a consumer (hereinafter referred to as the "consumer" or "buyer"). You can contact us by phone at 724 618 767. or at the e-mail address info@carpathia-minerals.com.
Subject of the contract
1) The subject of the contract is the goods specified in the buyer's binding order. The dimensions, weight, location of origin and the relevant photo(s) correspond to the characteristics of each individual item. Before ordering the goods, the buyer may ask a question by email for possible verification or addition of this information. All photos are protected by copyright.
2) The seller undertakes to deliver the goods to the consumer in a condition in accordance with the specifications according to the given description.
3) The place of delivery of the goods is the delivery address provided by the buyer.
in the order form.
Ordering goods and concluding a contract
1) The condition for the validity of the order is the proper completion of all prescribed data and requirements specified in the order form by the buyer. By sending a binding order, the buyer confirms that he has read these terms and conditions and that he agrees with them.
2) In order to conclude a purchase contract, the seller must confirm the order. This order confirmation will be sent to the buyer's email address no later than 3 business days from the date of receipt of the order, in the case of advance payment and shipments abroad, together with the advance invoice.
3) The buyer undertakes to collect the ordered goods and pay the total price for the goods including delivery costs (postage, cash on delivery) stated in the order confirmation.
4) The buyer has the right to cancel the order sent by him by sending a notification to the seller's email address info@carpathia-minerals.com no later than one hour after sending the order.
5) The Seller is entitled, depending on the nature of the order – quantity of goods, price, etc. – to ask the Buyer to authorize the order in an appropriate manner (e.g. by e-mail or telephone). The order is considered invalid if the Buyer refuses to authorize the order in the requested manner.
6) The Seller reserves the right to refuse the order if the information provided about the buyer or place of delivery is misleading, incorrect or incomplete.
7) If the buyer fails to fulfill his obligation to collect and pay for the bindingly ordered goods, the seller has the right to suspend or refuse to process further orders from this buyer.
Withdrawal from the contract
1) In accordance with the provision of Article 1829, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the consumer may withdraw from a distance contract or from a contract concluded outside business premises within a period of fourteen days. Unless otherwise provided for below, the period ends upon the expiry of fourteen days from the date of conclusion of the contract.
If the subject of the obligation is the purchase of goods, the period ends fourteen days after the consumer or a third party designated by him other than the carrier has transported the goods, or
a) the last piece of goods, if the consumer orders multiple pieces of goods within one order that are delivered separately,
(b) the last item or part of a delivery of goods consisting of several items or parts, or
c) the first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period.
2) The consumer may withdraw from the contract by any unequivocal statement made to the entrepreneur.
In the event of withdrawal from the contract, the consumer is not required to state the reason for withdrawal from the contract and the right to withdraw from the contract cannot be linked to a penalty. If the consumer exercises the right to withdraw from the contract in accordance with the provisions of this Part, the withdrawal period is deemed to have been observed if the consumer sends the entrepreneur a notice of withdrawal from the contract during the period.
According to the provisions of Section 1831(1) of the Civil Code, if the consumer withdraws from the contract, he shall send or hand over to the entrepreneur without undue delay, no later than fourteen days after withdrawal from the contract, the goods he received from him, unless the seller has offered him to collect the goods himself. The deadline is met if the consumer sends the goods before its expiry.
Regarding the costs associated with returning the goods that the consumer incurs in the event of withdrawal from the contract, in accordance with the provisions of Section 1820, paragraph 1, letter j) of the Civil Code, we inform the consumer that these costs are borne by the consumer himself.
In the event of the return of goods following withdrawal from the contract, the consumer is liable to the entrepreneur, in accordance with the provisions of Section 1833 of the Civil Code, only for the reduction in the value of the goods that arose as a result of handling the goods in a manner other than that necessary to familiarize himself with the nature, properties and functionality of the goods. This does not apply if the entrepreneur has not provided the consumer with the information pursuant to Section 1820(1)(i).
If the consumer withdraws from the contract, the seller shall return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, received from him under the contract, in the same manner. The entrepreneur shall return to the consumer the funds received in another manner only if the consumer has agreed to this and if this does not incur additional costs.
If the consumer has chosen a method of delivery other than the cheapest method offered by the entrepreneur, the entrepreneur will refund the consumer the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered.
Sample withdrawal form – find here
Rights arising from defective performance
In the event of exercising the right arising from defective performance, the consumer shall inform the seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller fails to remove the defects within a reasonable period of time or notifies the buyer that he will not remove the defects, the buyer may request a reasonable discount on the purchase price instead of removing the defect, or may withdraw from the contract.
Whoever has a right arising from defective performance is entitled, in accordance with the provisions of Section 1924 of the Civil Code, to compensation for the costs reasonably incurred in exercising this right. However, if he does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the alienator objects that the right to compensation was not exercised in time. If the buyer fails to exercise his right in time, he has rights under Section 2107 of the Civil Code.
If the seller's defective performance constitutes a material breach of contract, the buyer has the right, in accordance with Section 2106(1) of the Civil Code, to
a) remedy the defect by delivering a new item without defects or by delivering the missing item,
b) remedy the defect by repairing the item,
c) a reasonable discount on the purchase price, or
d) withdraw from the contract.
If the defective performance constitutes a minor breach of contract, the buyer has the right to remedy the defect or a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller may deliver what is missing or remove the legal defect. The seller may remove other defects at his option by repairing the item or delivering a new item; the option may not cause the buyer unreasonable costs. If the seller fails to remedy the defect in time or refuses to remedy the defect, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer may not change the choice made without the seller's consent.
Pursuant to the provisions of Section 2161, paragraph 1 of the Civil Code, the seller is responsible to the buyer that the item is free from defects upon acceptance. In particular, the seller is responsible to the buyer that the item
a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
b) is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
c) is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
Pursuant to the provisions of Section 2161, paragraph 2 of the Civil Code, the seller is responsible to the buyer that, in addition to the agreed properties
a) the thing is suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, if there are no technical standards,
b) the thing, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, corresponds to the usual properties of things of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or marking,
c) the thing is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and
d) the thing corresponds in quality or design to the sample or template that the seller provided to the buyer before the conclusion of the contract.
According to the provisions of Section 2161, para. 4 of the Civil Code, paragraph 2 shall not apply if the seller has specifically notified the buyer before concluding the contract that some property of the thing differs and the buyer has expressly agreed to this when concluding the contract.
According to the provisions of Section 2161, paragraph 5 of the Civil Code, if a defect becomes apparent within one year of acceptance, it is assumed that the thing was defective upon acceptance, unless the nature of the thing or the defect precludes this. This period does not run for the period during which the buyer cannot use the thing, if he has rightfully complained about the defect.
In accordance with the provisions of Section 2165, paragraph 1 of the Civil Code, the buyer may complain about a defect that becomes apparent in the thing within two years of acceptance.
The buyer does not have the right to claim defective performance if he himself caused the defect. However, a defect in the thing, according to the provisions of Section 2167, paragraph 2 of the Civil Code, wear and tear of a thing caused by its usual use or, in the case of a used thing, wear and tear corresponding to the extent of its previous use is not considered.
If the thing has a defect, the buyer may demand its removal. At his option, he may demand the delivery of a new thing without a defect or the repair of the thing, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the thing would have without the defect, and whether the defect can be removed in the other method without significant difficulties for the buyer.
In accordance with the provisions of Section 2169, paragraph 2 of the Civil Code, the seller may refuse to remove the defect if it is impossible or unreasonably expensive, in particular
with regard to the significance of the defect and the value that the item would have without the defect.
The seller shall remove the defect within a reasonable time after it is pointed out in such a way that it does not cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. The seller shall take over the item at its own expense to remove the defect.
In accordance with the provisions of Section 2171, paragraph 1 of the Civil Code, the buyer may demand a reasonable discount or withdraw from the contract if
a) the seller has refused to remove the defect or has not removed it in accordance with Section 2170, paragraph 1
and 2,
b) the defect occurs repeatedly,
c) the defect is a material breach of contract, or
d) it is obvious from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.
In accordance with the provisions of Section 2171, paragraph 2 of the Civil Code, an appropriate discount shall be determined as the difference between the value of the item without defect and the defective item that the buyer received.
The buyer may not withdraw from the contract if the defect in the item is insignificant; it shall be deemed that the defect is not insignificant. The provisions of Sections 2110 and 2111 shall not apply.
If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.
The defect may be blamed on the seller from whom the item was purchased. However, if another person is designated to carry out the repair who is at the seller's location or at a location closer to the buyer, the buyer shall point out the defect to the person designated to carry out the repair.
Out-of-court settlement of consumer disputes
It is important to us that you are satisfied with our goods. Consumer satisfaction is always our priority, but despite all our efforts, we cannot rule out the possibility that you will not be satisfied for some reason. For such a case and to resolve the complaint as quickly as possible, we have set up an internal process within which we will review your complaint. To resolve your complaint, you can contact us at the telephone number +420 724 618 767 or electronically via our contact form.
If your complaint is not resolved to your satisfaction, the dispute can be resolved within the framework of out-of-court consumer dispute resolution. The subject of out-of-court dispute resolution is the Czech Trade Inspection, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz.
The online dispute resolution platform is available at the Internet address http://ec.europa.eu/consumers/odr/.
Damaged shipment
When receiving the shipment, we recommend that you always check whether the packaging is intact.
and whether the shipment shows obvious signs of damage.
Final provisions
1) Unless these terms and conditions provide otherwise, the legal relations between the contracting parties are governed by the provisions of the Civil Code.
2) Silver jewelry in our e-shop is made of silver with a purity of 925/000. It is marked with a purity mark of 925/000, and jewelry weighing 3g per piece and above is marked with a responsibility mark and a hallmark (see List of Hallmarks).