Terms and Conditions

Language version notice: These General Terms and Conditions were drawn up in the Czech language. The English version is a translation only. In the event of any discrepancy or doubt regarding interpretation between the Czech and the English version, the Czech language version shall always prevail and be binding.

GENERAL TERMS AND CONDITIONS

for retail sales in the online shop www.magieprirody.cz

These general terms and conditions (the "Terms") of the online shop magieprirody.cz, with its registered office at Jabloňová 1429/4, Karviná - Ráj, 734 01, Czech Republic, identification number: 08852596 – VAT payer, operated by the company Magie přírody s.r.o., e-mail: info@magieprirody.cz, telephone number +420 728 247 069 ("We" or the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase contract (the "Contract") concluded via the E-shop on the website www.magieprirody.cz.

All information on the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here: https://www.magieprirody.cz/en/privacy-policy/

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the Terms. As you surely know, we communicate primarily at a distance. Our Contract is therefore also concluded using means of distance communication that allow us to reach an agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the environment of the E-shop, via the website interface (the "E-shop web interface").

If any part of the Terms contradicts what we have jointly agreed during your purchase process on Our E-shop, that specific agreement shall take precedence over the Terms.

1. DEFINITIONS

1.1. Price is the amount of money you will pay for the Goods;

1.2. Shipping Price is the amount of money you will pay for the delivery of the Goods, including the price of packaging;

1.3. Total Price is the sum of the Price and the Shipping Price;

1.4. VAT is value added tax pursuant to the applicable legislation;

1.5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

1.6. Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;

1.7. User Account is an account set up on the basis of the data you provide, which allows the entered data to be stored and the history of ordered Goods and concluded Contracts to be kept;

1.8. You are the person purchasing on Our E-shop, referred to by law as the buyer;

1.9. Goods are everything you can buy on the E-shop.

2. GENERAL PROVISIONS AND INFORMATION

2.1. Goods can only be purchased via the E-shop web interface www.magieprirody.cz.

2.2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us in the Order to be correct and truthful.

2.3. On our E-shop we also provide access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders, so that in our internal system we can see the linked order ID for each review and are thus able to verify and prove that the review comes from a real consumer.

2.4. Failure of the buyer to collect the parcel

If the buyer does not collect the Goods within the storage period and the parcel is returned to the Seller for this reason, the buyer breaches their obligation to take over the Goods (Section 2159(2) of the Civil Code). The Seller is thereby entitled to compensation of the costs actually incurred for the futile transport of the Goods to the buyer and back, including packaging costs. The Seller will document these costs to the buyer upon request; their usual amount per carrier is: Alza pick-up point CZK 55, Balíkovna CZK 70, Balíkovna to address CZK 90, PPL Parcelshop CZK 70, PPL to address CZK 90, Zásilkovna CZK 90, Czech Post (parcel to post office and to address) CZK 90, DHL CZK 90, GLS CZK 90. The actual costs may be higher; the Seller is entitled to claim at most the amount actually incurred.

a) If the buyer withdraws from the Contract: The Seller will refund to the buyer all funds received, including delivery costs (in the amount corresponding to the cheapest delivery method offered), in accordance with Section 1832 of the Civil Code. However, the Seller is entitled to unilaterally set off its claim for compensation of the costs of futile transport under this article against the buyer's claim for the refund of these funds. The buyer is thus refunded an amount reduced by the costs of futile transport. If the original shipping was free of charge, the benefit of free shipping lapses due to the failure to collect the parcel and the costs of futile transport will be set off against the refunded purchase price of the Goods.

b) If the buyer requests redelivery: Before the Goods are sent again, the buyer is obliged to pay the costs of the new shipment according to the carrier's price list stated above, in advance to the Seller's account. The Goods will be sent again once the payment has been credited.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract with Us can only be concluded in the Czech language.

3.2. The Contract is concluded remotely via the E-shop, and the costs of using means of distance communication are borne by You. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e. in particular for internet access); therefore, you need not expect any further costs charged by Us beyond the Total Price. By sending the Order you agree that we use means of distance communication.

3.3. In order for us to conclude the Contract, you need to create an Order on the E-shop. This proposal must contain the following information:

a) Information about the Goods being purchased (on the E-shop you mark the Goods you wish to buy with the "Add to cart / To cart" button);

b) Information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered when creating the Order in the E-shop user environment, and the information on the Price, Shipping Price and Total Price will be stated automatically based on the Goods, delivery method and payment method you have chosen;

c) Your identification and contact details enabling us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address.

3.4. While creating the Order, you can change and check the data until it is completed. After checking, you complete the Order by pressing the "Order with obligation to pay" button. Before pressing the button, however, you must confirm that you have read and agree to these Terms, otherwise it will not be possible to complete the Order. A check box is used for this confirmation and consent. After pressing the "Order with obligation to pay" button, all completed information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it has been delivered to Us by a message sent to the e-mail address you entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail. The Terms in the wording effective on the date of the Order, i.e. in the wording attached to the confirmation e-mail, form an integral part of the Contract. By confirming the Order, the Contract between Us and You is concluded.

3.6. There may also be cases where we are unable to confirm your Order. These are in particular situations where the Goods are not available or where you order a larger number of pieces of Goods than we allow. However, we will always provide you with information about the maximum quantity of Goods in advance on the E-shop, so it should not come as a surprise to you. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you confirm Our offer.

3.7. If an obviously incorrect Price was stated on the E-shop or in the Order, we are entitled to withdraw from the Contract, even after you have received the Order confirmation. An obvious error in the Price is considered to be, in particular, a situation where the Price is in obvious and significant disproportion to the value of the Goods or to the price at which Goods of the same kind are usually sold (for example, a digit is missing or extra, the decimal point is misplaced, or the price of another product is mistakenly stated for the Goods), and you knew or must have known about this error when exercising ordinary attention. This does not affect Our right to invoke the invalidity of the Contract due to mistake pursuant to Section 583 of the Civil Code. We will inform you of the withdrawal without undue delay and, if you have already paid the Price or part of it, we will refund it within 14 days to the account from which it was paid. At the same time, we may send you an offer to conclude a new Contract with the correct Price; the new Contract is concluded at the moment you confirm our offer.

3.8. Once the Contract is concluded, you are obliged to pay the Total Price.

3.9. If you have a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is the same as for a buyer without a User Account; the advantage is that you do not have to fill in your identification data repeatedly.

3.10. In some cases we allow a discount to be used for the purchase of Goods. To receive a discount, you need to enter the discount details in the designated field when creating the Order. If you do so, the Goods will be provided to you at a discount.

3.11. For Goods sold by weight with an indicative number of pieces (approx.), the weight of the goods is the decisive information. Products sold by weight, especially stones, are a random selection. The picture is therefore only an indicative product photograph. For lucky trees with stone bases, their indicative height depends on the size of the stone, and the appearance (of the tree) is the main consideration in the sale. For goods, especially stones, where a size is stated, this size is indicative and may vary slightly. Unless otherwise stated, the stones are made of natural material. Products made of these stones, as well as the stones themselves, may contain various scratches, small cracks, irregularities or colour variations, which are a natural characteristic of natural material and do not constitute a defect.

3.12. In certain cases (cash on delivery), the Seller may require the buyer to pay a deposit for the goods, with the buyer paying the remaining part of the purchase price upon receipt.

3.13. When ordering personalised goods (i.e. goods modified according to the buyer's wishes, e.g. engraving, custom text, etc.), the buyer is obliged to pay the total price of the order in advance. Production begins only after the payment has been credited to the seller's account. The buyer acknowledges that, due to its nature, personalised goods cannot be returned and it is not possible to withdraw from the contract pursuant to Section 1837(d) of the Civil Code.

4. USER ACCOUNT

4.1. On the basis of your registration on the E-shop, you can access your User Account.

4.2. When registering a User Account, you are obliged to state all entered data correctly and truthfully and to update them in the event of any change.

4.3. Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not to provide them to third parties. We are not liable for any harm you suffer as a result of breaching this obligation, in particular if you make the access details available to a third party or secure them insufficiently. If you suspect that your access details have been misused, please notify Us immediately by e-mail at info@magieprirody.cz; in such a case we will block access to the User Account and allow you to set a new password.

4.4. The User Account is personal and you are therefore not entitled to allow third parties to use it.

4.5. We may cancel your User Account, in particular if you have not used it for more than 180 days or if you breach your obligations under the Contract.

4.6. The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

5.1. The Price is always stated on the E-shop, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods on the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price, or the conditions under which shipping is free of charge.

5.2. The Total Price is stated including VAT and all fees stipulated by law.

5.3. We will require payment of the Total Price after the conclusion of the Contract and before the handover of the Goods. You can pay the Total Price in the following ways:

a) By bank transfer. We will send you the payment information as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 3 days.

b) By card online. In such a case, if online card payment is available on the e-shop www.magieprirody.cz, the payment is made via the Shoptet Pay payment gateway, and the payment is governed by the terms of this payment gateway, available at: https://www.shoptetpay.com/cs/. In the case of online card payment, the Total Price is payable within 3 days.

c) Cash on delivery. In such a case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.

d) In cash upon personal collection. The Goods can be paid for in cash when collected at Our premises. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.

5.4. The Invoice will be physically enclosed with the Goods and may also be sent electronically to your e-mail.

5.5. Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to Our account; in other cases it is paid at the moment the payment is made.

5.6. The seller's account numbers for payment for goods are as follows:

CZK account 2401776829/2010 FIO Banka a.s.

EUR account 2101776835/2010 FIO Banka a.s.

PLN account 31 1050 1083 1000 0091 3074 4742 ING Bank PL

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

6.1. The Goods will be delivered to you within 20 days at the latest (within the Czech Republic we dispatch goods within 3 working days of the order and payment) in the manner of your choice, with the following options available:

a) Personal collection at pick-up points of Balíkovna, Balíkovna Box, PPL parcelshop, Czech Post parcel to post office;

b) Delivery via the carriers Czech Post, PPL, DHL, GLS.

6.2. The Goods can be delivered within the Czech Republic, Slovakia, Poland, Germany and Austria.

6.3. The delivery time of the Goods always depends on their availability and on the chosen delivery and payment method. The expected delivery time will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail that the Goods are ready for collection.

6.4. Inspection of the parcel upon receipt

When taking over the Goods from the carrier, you are obliged to check that the packaging of the parcel is intact. If the packaging shows signs of damage indicating unauthorised handling of the parcel or damage during transport, we recommend that you do not accept the Goods from the carrier, or that you draw up a damage report with the carrier on the spot. In such a case, you are not obliged to accept the Goods from the carrier.

6.5. Notification of defects caused by transport

If, after unpacking the parcel, you find that the Goods have been damaged in transport, the parcel is incomplete or the Goods show other defects obviously caused by transport, we ask you to notify Us of this without undue delay, no later than 2 days after receipt of the Goods, even if the packaging of the parcel showed no signs of damage. This period is set with regard to the complaint conditions of the carriers – in the case of later notification, it may not be possible to make a claim against the carrier.

Failure to observe this period does not affect your statutory rights arising from defective performance. As a consumer, you may exercise your rights arising from defective performance within 24 months of receipt of the Goods in accordance with Article 7 of the Terms; however, later notification of a transport defect may make it more difficult to prove that the defect already existed upon receipt and may result in the loss of Our ability to claim compensation from the carrier.

6.6. If, for reasons on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, you are obliged to reimburse Us for the costs associated with such repeated delivery. We will send you the payment details for these costs to your e-mail address stated in the Contract; they are payable within 14 days of delivery of the e-mail.

6.7. The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in cases under Article 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over but did not do so for reasons on your side. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with the loss, destruction, damage or any deterioration of the Goods.

6.8. If the Goods were not listed on the E-shop as in stock and an indicative availability time was stated, we will always inform you in the event of:

a) an extraordinary interruption in the production of the Goods, in which case we will always inform you of the new expected availability time or that it will not be possible to deliver the Goods;

b) a delay in the delivery of the Goods by Our supplier, in which case we will always inform you of the new expected delivery time.

6.9. Gift vouchers are sent only by e-mail to the e-mail address stated in your order; no shipping price is charged.

6.10. You can find the shipping prices here: https://www.magieprirody.cz/en/shipping-and-payment/

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time the risk of damage to the Goods passes pursuant to Article 6.7 of the Terms, the Goods are free of defects, in particular that the Goods:

a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

b) are suitable for the purpose for which you require them and to which we have agreed;

c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;

d) are suitable for the purpose for which Goods of this kind are usually used;

e) in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, also with regard to public statements made by us or by another person in the same contractual chain, in particular by advertising or labelling;

f) are supplied with accessories, including packaging, assembly instructions and other instructions for use, which you can reasonably expect; and

g) correspond in quality or design to the sample or model provided to you before the conclusion of the contract.

7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.3. If the Goods have a defect, in particular if any of the conditions under Article 7.1 are not met, you may notify Us of such a defect and exercise your rights arising from defective performance (i.e. make a complaint about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details. For the complaint, you may also use the model form provided by Us (https://www.magieprirody.cz/en/guides-and-instructions/complaint-form/), which forms Annex No. 1 to the Terms. When exercising the right arising from defective performance, you need to choose how you want the defect to be remedied; you cannot subsequently change this choice without Our consent. We will handle the complaint in accordance with the right arising from defective performance you have exercised.

7.4. If the Goods have a defect, you have the following rights:

a) to have the defect remedied by delivery of new Goods without defects, or by delivery of the missing part of the Goods; or

b) to have the defect remedied by repair of the Goods,

unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant difficulties for you.

7.5. We are entitled to refuse to remedy the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.

7.6. Furthermore, you have the right to:

a) a reasonable discount on the Price; or

b) withdraw from the Contract,

if:

a) we refuse to remedy the defect or fail to remedy it in accordance with the law;

b) the defect occurs repeatedly;

c) the defect constitutes a material breach of the Contract; or

d) it is obvious from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for You.

7.7. The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.

7.8. If you caused the defect of the Goods yourself, you are not entitled to rights arising from defective performance.

7.9. Wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear corresponding to the extent of their previous use, is not a defect of the Goods.

7.10. When you make a complaint, we will issue you a written confirmation stating:

a) the date on which you made the complaint;

b) the subject of the complaint;

c) the method of handling the complaint you require;

d) your contact details for the purpose of providing information on the handling of the complaint.

7.11. Unless we agree on a longer period, we will remedy the defects within 30 days of receipt of the complaint and provide you with information on the handling of the complaint to the contact details provided. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.

7.12. We will inform you of the handling of the complaint by e-mail and issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. with receipts or confirmations of the shipping price. If the defect was remedied by delivery of new Goods, you are obliged to return the original Goods to Us; however, the costs of this return are borne by Us.

7.13. If you are a business, you are obliged to notify and report the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.

7.14. If you are a consumer, you have the right to exercise rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways set out in this article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.

8.2. If you are a consumer, i.e. a person purchasing Goods outside the scope of their business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving a reason within 14 days of the conclusion of the Contract or, in the case of a purchase of goods, within fourteen days of their receipt. If we have concluded a Contract whose subject is several pieces of Goods or the delivery of several parts of Goods, this period begins only on the day of delivery of the last piece or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of delivery of the first delivery.

8.3. You may withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). For the withdrawal, you may also use the model form provided by Us (https://www.magieprirody.cz/en/guides-and-instructions/model-withdrawal-form/), which forms Annex No. 2 to the Terms.

8.4. However, even as a consumer you cannot withdraw from the Contract in cases where the subject of the Contract is performance specified in Section 1837 of the Civil Code.

8.5. The withdrawal period under Article 8.2 of the Terms is deemed to be observed if you send Us a notice of withdrawal from the Contract within this period.

8.6. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are obliged to send the Goods to Us within 14 days of the withdrawal and you bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered. In the event of withdrawal because We breach the concluded Contract, we will also reimburse the reasonably incurred costs associated with returning the Goods to Us, which you prove to Us (e.g. with a posting receipt or proof of the shipping price).

8.7. In the event of withdrawal from the Contract, the funds under Article 8.6 of the Terms will be refunded to you within 14 days of the date on which the withdrawal takes effect, to the account from which they were credited or to the account specified in the withdrawal. However, the amount will not be refunded before we receive the Goods or you prove to Us that they have been sent back to Us.

8.8. In the event of withdrawal from the Contract under Article 8.2 of the Terms, however, you are liable to Us for any reduction in the value of the Goods resulting from handling the Goods in a manner other than necessary to become acquainted with the nature, characteristics and functionality of the Goods, i.e. in the way you would become acquainted with the Goods in a brick-and-mortar shop. If we have not yet refunded the funds under Article 8.6 of the Terms, we are entitled to unilaterally set off the claim for compensation for the reduction in value of the Goods against your claim for the refund of these funds.

8.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the delivery period stated in Article 6.1 or the new delivery period communicated under Article 6.8 of the Terms. We may also withdraw from the Contract if it is obvious that you have deliberately provided incorrect information in the Order. If you purchase goods as part of your business activity, i.e. as a business, we are entitled to withdraw from the Contract at any time, even without giving a reason.

8.10. The buyer (consumer) sends the withdrawal from the purchase contract as well as the goods to be returned to the seller's correspondence address: magieprirody.cz, Jabloňová 1429/4, 734 01, Karviná - 4. Goods are always accepted from carriers during standard business hours from 09:00 to 14:00. We recommend using the carriers Czech Post or PPL.

8.11. If the buyer withdraws from the Contract after failing to collect the Goods within the storage period and the parcel has been returned to the Seller, the mutual obligations will be settled in accordance with Article 2.4(a) of these Terms. The Seller will refund to the buyer the funds received in accordance with Article 8.7 of the Terms and is entitled to unilaterally set off against them its claim for compensation of the costs of futile transport under Article 2.4 of the Terms. If the parcel was returned to the Seller before the withdrawal, the condition of return of the Goods under Article 8.7 is deemed fulfilled at the moment the parcel was returned to the Seller, and the period for refunding the funds runs from the date on which the withdrawal takes effect.

9. RESOLUTION OF CONSUMER DISPUTES

9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. We handle consumer complaints via the electronic address info@magieprirody.cz. We will send information on the handling of the complaint to the buyer's electronic address.

9.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://www.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

10. FINAL PROVISIONS

10.1. If Our and Your legal relationship contains an international element (for example, we send goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights arising from legal regulations.

10.2. We will deliver all written correspondence to you by electronic mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.

10.3. The Contract may only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; such an amendment will not affect Contracts already concluded, but only Contracts concluded after the amendment takes effect. We will inform you of the amendment only if you have created a User Account (so that you have this information when ordering new Goods; the amendment does not, however, give rise to a right of termination, since we have no concluded Contract that could be terminated), or if we are to deliver Goods to you regularly and repeatedly on the basis of the Contract. We will send you information about the amendment to your e-mail address at least 14 days before the amendment takes effect. If we do not receive from you, within 14 days of sending the information about the amendment, a notice of termination of the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effective date of the amendment. The notice period, if you give notice, is 2 months.

10.4. Force majeure means an extraordinary, unforeseeable and insurmountable obstacle arising independently of Our will (in particular a natural disaster, pandemic, armed conflict, large-scale infrastructure failure or intervention by a public authority). If force majeure prevents Us from fulfilling an obligation under the Contract, we are not in default for its duration and the obligation to compensate for damage is governed by Section 2913(2) of the Civil Code. We will inform you without undue delay of the occurrence of the force majeure obstacle and its expected duration. If the force majeure obstacle lasts longer than 30 days, both We and You are entitled to withdraw from the Contract; in such a case we will refund all payments received within 14 days of the withdrawal.

10.5. Annexed to the Terms are a model complaint form and a model form for withdrawal from the Contract.

10.6. The Contract, including the Terms, is archived in electronic form by Us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore always have access to the Contract even without Our cooperation. We always recommend saving the Order confirmation and the Terms.

10.7. These Terms take effect on 1 January 2025 and replace all previous versions. Contracts concluded before this date are governed by the Terms effective on the date of conclusion of the Contract.

11. Obligations of the seller and importer (GPSR 2023/988)

The company Magie přírody s.r.o., with its registered office at Jabloňová 1429/4, Karviná 4, ID No.: 08852596, e-mail: info@magieprirody.cz, web: www.magieprirody.cz (the "Seller"), acts as a seller and importer and, in accordance with Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (the "GPSR"), hereby states:

Product safety and recalls:
- The Seller ensures that the products offered meet the general safety requirements under the GPSR.
- If it is found that a product poses a risk to the health or safety of consumers, the Seller will immediately take the necessary measures, including withdrawal from the market and informing customers.
Age restriction:
- None of the products offered by the Seller are suitable for children under 3 years of age.
- The Customer is obliged to take into account the age restriction and other warnings stated for individual products.
Information and instructions:
- Complete product information, instructions for use and safety instructions are published on the website www.magieprirody.cz.
- The Customer is obliged to read the stated instructions before using the product and to follow the instructions for safe use.
Responsibility and cooperation:
- The Seller is responsible for the safety of the products offered in accordance with the relevant legal regulations.
- In the event of a recall or withdrawal of products from the market, the Customer is obliged to provide the Seller with the necessary cooperation and to return or modify the product as instructed.

This provision forms an integral part of the terms and conditions. The Seller reserves the right to amend these provisions at any time in response to changes in legislation or internal processes.

Important notice

All information on the healing properties of products, precious stones, semi-precious stones and minerals on the website magieprirody.cz is for information purposes only and is drawn from generally known sources. It is in no way a guide to bypassing conventional treatment or the use of medicinal products. Always bear in mind that the use of healing stones is not an alternative to conventional medical care! If you feel symptoms of any illness, always see your doctor! Use the abilities of healing stones only as a supplement and psychological support to conventional treatment, never as its replacement.

Product descriptions on our e-shop relating to the energetic effects and metaphysical properties of gemstones (often referred to as "healing" stones), the meaning of symbols and colours, are for information purposes only. Information on the properties of stones, product symbolism and the psychological influence of colours is not scientifically confirmed and does not constitute a binding proposal to conclude a purchase contract under Act No. 89/2012 Coll.

General Terms and Conditions for Wholesale

These general terms and conditions for wholesale (the "terms and conditions") apply to contracts concluded via the online shop www.magieprirody.cz (the "web interface") between the company Magie přírody s.r.o., Jabloňová 1429/4, Karviná – Ráj, 734 01, ID No.: 08852596, VAT No.: CZ08852596, contact e-mail: info@magieprirody.cz, as the seller, and a business or legal entity as the buyer (both hereinafter jointly also the "contracting parties").

1. Introductory provisions

1.1. The terms and conditions define and specify the basic rights and obligations of the contracting parties when concluding a contract for the sale of goods or another contract stated herein (hereinafter jointly the "contract") via the web interface at www.magieprirody.cz.

1.2. The provisions of the terms and conditions form an integral part of the contract. Provisions deviating from the terms and conditions may be agreed in the contract. Deviating arrangements in the contract take precedence over the provisions of the terms and conditions. The seller may amend or supplement the wording of the terms and conditions. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions in effect at the time they arose.

The rights and obligations of the contracting parties are further governed by the complaints procedure and the instructions stated on the web interface, in particular when concluding the contract. In matters not regulated herein, the relations of the contracting parties are governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code").

1.3. The contract and the terms and conditions are drawn up in the Czech language. The contract may be concluded in the Czech language unless the contracting parties expressly agree on another language.

1.4. These terms and conditions apply to buyers who are businesses and to legal entities. These terms and conditions do not apply to contracts concluded with consumers; the Terms and Conditions for Retail apply to them. In matters not regulated by these wholesale terms and conditions, the relations are governed analogously by the conditions set out in the retail terms and conditions, with the exception of consumer protection provisions.

1.5. By sending an order, the buyer confirms that they have read these terms and conditions as well as the retail terms and conditions.

2. Order and conclusion of the contract

2.1. The web interface contains a list of goods, including a description of the main characteristics of the individual items. The presentation of goods on the web interface www.magieprirody.cz is for information purposes only and does not constitute a proposal by the seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. To conclude a contract, the buyer must send an order and the seller must accept this order.

2.2. The buyer places the order via the web interface www.magieprirody.cz (by completing the form). The order must always contain the exact name of the ordered goods (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and the buyer's contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address). No minimum wholesale order value is set. At the seller's request, the buyer is also obliged to prove that they are a business by sending a copy of their trade licence or other authorisation or an extract from the commercial register to the seller's contact e-mail. Free shipping does not apply to wholesale.

2.3. The seller is not obliged to confirm a received order. An unconfirmed order is not binding on the seller. The seller is entitled to verify the order in case of doubt about its authenticity and seriousness. The seller may reject an unverified order.

2.4. The contract is concluded at the moment the buyer receives the seller's acceptance of the binding order. If no acceptance takes place, the contract is concluded at the moment the buyer pays the full purchase price.

3. Delivery terms

3.1. The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packed.

3.2. Based on the agreement of the contracting parties, the seller may arrange transport of the goods and insurance of the goods during transport for the buyer. The buyer is obliged to pay the price of transport and insurance according to the carrier's valid tariff. Handing over the goods to the first carrier is considered delivery of the goods to the buyer. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.

3.3. Before taking over the goods, the buyer is obliged to check that the packaging of the goods is intact and to notify the carrier of any defects immediately. A report will be drawn up on the defects. If no report on the defects is drawn up, the buyer loses any claims arising from damaged packaging of the goods.

3.4. Immediately after taking over the goods, the buyer is obliged to inspect the goods, in particular to check the number of pieces and their completeness. If any discrepancy is found, the buyer is obliged to notify the seller without undue delay, but no later than 1 working day after receipt of the goods. The buyer is obliged to document the defects found in a suitable manner and send this documentation to the seller together with the notification of the defect.

4. Payment terms

4.1. The buyer may pay the purchase price for the goods to the seller using, among others, the methods stated on the web interface www.magieprirody.cz.

The seller is entitled not to allow payment for goods after delivery. This payment method is usually reserved for regular customers. Unless otherwise agreed, the invoice is enclosed with the goods together with the delivery note.

In the case of cash payment, the price is payable upon receipt of the goods. In the case of cashless payment, the price is payable within ten days of acceptance of the order, unless otherwise agreed by the contracting parties. In the case of cashless payment, the buyer's obligation to pay the price of the goods is fulfilled at the moment the relevant amount is credited to the seller's account.

4.2. If the due date under these terms and conditions is not observed, the buyer may be charged default interest of 0.5% of the outstanding amount for each day of delay. This does not affect the seller's right to compensation for damage caused by the buyer's delay.

4.3. If the buyer is in delay with payment of the price of the goods, the seller is also entitled to suspend further agreed deliveries of goods until all of the buyer's due obligations have been paid.

4.4. Goods can be paid for in Czech crowns (CZK) or euros (EUR).

5. Withdrawal from the contract

5.1. 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 to the buyer the purchase price already paid by the buyer, by cashless transfer to the account communicated by the buyer for this purpose or to the account from which the funds were sent to pay the purchase price (if the buyer does not communicate any account to the seller within 5 days of the withdrawal).

5.2. The seller is further entitled to withdraw from the contract if the buyer is in delay with payment of the purchase price of the goods for more than 4 weeks.

5.3. The buyer is entitled to withdraw from the contract if the seller is in delay with delivery of the goods for more than 4 weeks from the agreed delivery date.

5.4. The buyer is not entitled to withdraw from the contract with regard to goods that were delivered properly, on time and without defects. If the buyer and the seller agree on the return of goods (withdrawal from the contract), the seller is entitled to charge the buyer a handling fee for the returned goods of 5% of the value of the returned goods. This fee will be deducted from the amount to be refunded to the buyer.

5.5. Withdrawal from the contract must be made in writing and, in the case of contracts concluded electronically, also electronically. Withdrawal from the contract takes effect upon delivery of the notice of withdrawal to the other contracting party.

5.6. If a gift was provided together with the goods, the gift contract ceases to be effective upon withdrawal from the contract by either contracting party.

5.7. In the event of cancellation of the order by the buyer, the seller is entitled to a cancellation fee of 10% of the price of the goods. If the seller has already incurred costs in connection with the contract, the seller is entitled to full compensation of these reasonably incurred costs.

6. Rights arising from defective performance

6.1. The conditions for exercising rights arising from defective performance and warranty liability are governed by the seller's complaints procedure.

7. Protection of the seller's trade secrets and business policy

7.1. When negotiating and performing the contract, the buyer may be provided with information that is marked as confidential or whose confidentiality follows from its nature. The buyer undertakes in particular to:

• keep this information confidential;
• not provide it to any other person without the seller's consent;
• not use it for any purpose other than the performance of the contract;
• not use it in any other damaging way.

7.2. The buyer further undertakes not to make copies of documents handed over to them by the seller without the seller's consent.

8. Final provisions

8.1. If a relationship related to the use of the web interface or a legal relationship established by the contract contains an international (foreign) element, the contracting parties agree that the relationship is governed by Czech law.

8.2. If any provision of the terms and conditions is or becomes invalid, ineffective or inapplicable, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. Amendments and supplements to the contract or the terms and conditions require written form.

9. Obligations of the seller and importer (GPSR 2023/988)
The company Magie přírody s.r.o., with its registered office at Jabloňová 1429/4, Karviná 4, ID No.: 08852596, e-mail: info@magieprirody.cz, web: www.magieprirody.cz (the "Seller"), acts as a seller and importer and, in accordance with Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (the "GPSR"), hereby states:

Product safety and recalls:
- The Seller ensures that the products offered meet the general safety requirements under the GPSR.
- If it is found that a product poses a risk to the health or safety of consumers, the Seller will immediately take the necessary measures, including withdrawal from the market and informing customers.
Age restriction:
- None of the products offered by the Seller are suitable for children under 3 years of age.
- The Customer is obliged to take into account the age restriction and other warnings stated for individual products.
Information and instructions:
- Complete product information, instructions for use and safety instructions are published on the website www.magieprirody.cz.
- The Customer is obliged to read the stated instructions before using the product and to follow the instructions for safe use.
Responsibility and cooperation:
- The Seller is responsible for the safety of the products offered in accordance with the relevant legal regulations.
- In the event of a recall or withdrawal of products from the market, the Customer is obliged to provide the Seller with the necessary cooperation and to return or modify the product as instructed.

This paragraph forms an integral part of the terms and conditions. The Seller reserves the right to amend these provisions at any time in response to changes in legislation or internal processes.

In Karviná on 1 January 2025

Hallmarking and marking of jewellery

In accordance with the applicable Hallmarking Act (No. 598/2000 Coll.), all jewellery made of precious metals sold in our e-shop is properly checked. However, you may find that some jewellery does not bear a state hallmark but only a fineness number (e.g. 925 for silver or 585 for gold).

This is fully in accordance with the law, as such jewellery falls under the statutory exemptions from compulsory hallmarking (Section 27 of the Hallmarking Act). These are in particular:

Goods of very low weight: jewellery in which the weight of the precious metal in one separate piece does not exceed the set limits:
- 0.5 g for gold and platinum.
- 3.0 g for silver.
Components of minor importance: if the precious metal is used only as a complementary material (e.g. stone settings, clasps or eyelets) and its weight is negligible compared to the other materials.

Even for these products, however, we guarantee the declared fineness of the metal, which is confirmed by the stamped fineness mark.

ANNEX NO. 1 – COMPLAINT FORM

Addressee: Magieprirody.cz, Jabloňová 1429/4, Karviná 4, 734 01 – Complaint

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Goods subject to the complaint:

Description of defects of the Goods:

Proposed method of handling the complaint:

At the same time, I request the issue of a confirmation of the complaint stating when I exercised this right, the subject of the complaint, the method of handling the complaint I require, together with my contact details for the purpose of providing information on the handling of the complaint.

Date: Signature:

ANNEX NO. 2 – FORM FOR WITHDRAWAL FROM THE CONTRACT

Addressee: Magieprirody.cz, Jabloňová 1429/4, Karviná 4, 734 01.

I hereby declare that I withdraw from the Contract:

If the buyer is a consumer and has ordered goods via the e-shop www.magieprirody.cz (the "Company") or another means of distance communication, they have the right, except in the cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days of the conclusion of the contract or, in the case of a purchase of goods, within fourteen days of their receipt. In the case of a contract whose subject is several pieces of goods or the delivery of several parts of goods, this period begins only on the day of delivery of the last piece or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the address of the Company's premises or electronically to the e-mail stated in the model form.

If a buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company, without undue delay and no later than 14 days after withdrawal from the purchase contract, the goods they received from it.

If a buyer who is a consumer withdraws from the purchase contract, the Company shall refund to them, without undue delay and no later than 14 days after withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including delivery costs received from them under the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest method offered by the Company, the Company will refund the delivery costs only in the amount corresponding to the cheapest offered method of delivery. The Company is not obliged to refund the funds received to the buyer before it receives the goods back or before the buyer proves that the goods have been sent to the Company.

Date: Signature:
Date of conclusion of the Contract:
Name and surname:
Address:

E-mail address:
Specification of the Goods to which the Contract relates:

Method of refunding the funds received, or bank account number: