Terms and Conditions
General Terms and Conditions
hereinafter referred to as “GTC”
I. Basic provisions
1.1. These GTC regulate the relationship between the parties to the purchase contract.
1.2. The seller is Stone Idea s.r.o., Company ID: 05090016, Tax ID No CZ05090016, with registered office at Dopravní 500/9, 104 00 Praha 10, registered in the Commercial Register kept by the Municipal Court in Prague, file no. C 257605.
1.3. The buyer is a consumer or a businessman.
A consumer is any person who, outside the scope of his / her business or outside the scope of his / her independent performance, concludes a contract with, or otherwise deals with, the seller.
Legal relationships between seller and consumer expressly not governed by these GTCs are governed by applicable consumer contract law and consumer protection in a valid and effective wording as well as related regulations.
The entrepreneur is the one who independently carries out on his / her own account and the responsibility for gainful activity in a trade or similar manner with the intention of doing so consistently for profit. Any person who concludes contracts related to his / her own business, production or similar activity or in the independent exercise of his / her profession or, as the case may be, a person acting in the name or on behalf of the entrepreneur is also considered to be the entrepreneur. Under the terms of the GTC, a businessman means one who acts in accordance with the previous sentence in his / her business activity. If the buyer indicates his identification number in the order, he / she acknowledges that the rules stated in the GTC for entrepreneurs apply to him / her.
1.4. An e-commerce computer program – an Internet application that is available on the Internet through the Internet address www.stone-idea.com, the main purpose of which is to display, select and order goods to buyers.
1.5. Access data means the login name and the associated password entered by the buyer in the E-shop database when registering.
1.6. The registration signifies the buyer’s electronic registration in the E-shop database, by filling in at least the mandatory registration data in the E-shop user interface and the access data and their subsequent storage in the E-shop database.
1.7. The user’s account-part of the E-shop, which is established by each Registrar (ie unique to each buyer), and is made available after entering the access data.
1.8. The case means the goods offered to the buyer by the seller for sale to the buyer through the E-shop and, if offered, as well as the license to use the item.
1.9. By submitting the order, the Buyer confirms that he has become familiar with these GTC prior to the conclusion of the contract.
III. Pre-contractual information
2.1. The seller informs the buyer that
2.1.1. the cost of means of distance communication does not differ from the basic rate (in case of internet and telephone connection according to the conditions of the buyer’s operator, the seller does not charge any additional fees, this does not apply to contractual transport);
2.1.2. requires the payment of the purchase price before the purchaser accepts the transaction from the seller, the obligation to pay a deposit or a similar payment relates to buyer’s requirements to provide specific services when required and provided;
2.1.3. the prices of the goods and services are stated on the site operated by the seller including even without VAT, including any fees prescribed by law, however, the cost of delivery of the goods or service varies according to the method chosen and the transport provider and the method of payment;
2.1.4. in the case that the buyer is a consumer, such consumer has the right to withdraw from the contract (unless otherwise specified below) if he has concluded a contract of sale by means of distance communication, within a period of fourteen days which runs if he is
2.1.5. the consumer can not withdraw from the contract:
(a) the provision of services which the seller has performed with the prior express consent of the consumer before the expiry of the withdrawal period;
(b) the supply of goods or services the price of which depends on financial market disparities, irrespective of the seller’s intention and which may occur during the withdrawal period;
(c) the supply of goods which has been adjusted to the consumer’s request or to his person;
(d) the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
(e) repairs or maintenance carried out at a place designated by the consumer at his request; this does not apply in the case of subsequent repairs other than repairs requested or delivery of spare parts other than those requested;
(f) the supply of goods in sealed packaging which the consumer has removed from the packaging and which can not be returned for hygienic reasons;
(g) the supply of a sound or image recording or computer program if it has broken its original packaging;
(h) the supply of newspapers, periodicals or magazines;
(i) the supply of digital content if it has not been delivered on a physical medium and has been supplied with the consumer’s prior express consent prior to the expiry of the withdrawal period;
2.1.6. in the event of withdrawal, the consumer shall bear the cost of the return of the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if such goods can not be returned by their normal postal means;
2.1.7. the consumer is required to pay a proportionate amount of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.
III. Purchase agreement, transfer of ownership, delivery of goods
3.1. The buyer can sign the contract by accepting a proposal to conclude a contract on the site operated by the seller by inserting the required performance (goods or service) into the shopping cart. The seller can assist the buyer when entering into an email order. Before the buyer validates the order on the web, the buyer has the right to change both the required performance, the shipping and the way of payment, ie to check all the data entered in the order. Purchase agreement according to the web order is created by sending the order to the buyer after the transport has been chosen and the method of payment and acceptance of the order by the seller. Conclusion of the seller’s contract will promptly confirm the buyer by e-mail to the buyer by email.
3.2. The resulting contract (including the agreed price) may be altered or canceled only by agreement of the parties or for legal reasons, unless stated otherwise in the GTC.
3.3. The signed contract is archived by the seller for a period of time according to the relevant legal regulations, in order to successfully fulfill it and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract can be seen from these business conditions, where the process is clearly described.
3.4. By the purchase agreement, the seller undertakes to surrender the buyer the thing that is the subject of the purchase and to acquire ownership of it and the Buyer undertakes to accept the item and pay the seller the purchase price.
3.5. The seller reserves the right of ownership until the full purchase price is paid.
3.6. Seller surrenders to the petitioner, as well as the documents relating to the case, and will enable the buyer to acquire the title to the property in accordance with the contract.
3.7. The seller will fulfill the obligation to hand over the item to the buyer if he can dispose of it at the place of performance under the contract. If the seller dispatches the thing, he surrenders the thing to the buyer – the entrepreneur handing over to the first carrier for transport to the buyer and allowing the purchaser to claim the rights from the transport contract with the carrier. The seller surrenders the buyer to the consumer when the goods are handed over to the buyer by the carrier.
3.8. The seller surrenders to the buyer the subject of purchase in the agreed quantity, quality and execution. Unless arranged, how the item is to be packed, the seller sells the thing in accordance with the custom or the way it is needed to preserve the item and protect it.
IV. Defective performance, passing danger of damage
4.1. The matter is defective if it does not have the agreed properties. A defect is also considered to be another matter and a defect in the documents necessary for the use of the thing.
4.2. Purchaser’s right to defective performance creates a defect that the thing has when the risk of damage passes over to the buyer, even if it does later. The buyer’s right shall also establish a later defect that the seller has caused in breach of his duty.
4.3. The buyer will, as far as possible, inspect the property as soon as possible after the risk of damage to the item has passed, and convinced of its properties and quantity.
4.4. Danger of damage passes to the buyer by taking over the item. The same is true if the Buyer does not take over the item, even though the seller has been able to dispose of it.
4.5. Damage to things arising after the risk of damage to the item has passed to the buyer has no effect on its obligation to pay the purchase price unless the seller of the damage caused the breach of his duty.
4.6. By dividing the party with the takeover of the case, the other party shall have the right to sell the goods after the prior notice on the account of the litigant, after giving the defaulting creditor an additional reasonable time to take over. This is true even if the party paying with which the surrender of the thing is conditional.
V. Liability for defects
5.1. The seller is responsible to the buyer for the fact that the item has no defects when taken over. In particular, the seller is responsible for the buyer that at the time the buyer took over the item, the property has properties that the parties have negotiated and, in the absence of such an arrangement, those properties which the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods, The product is suitable for the purpose which the seller indicates or to which the item is normally used, the item is in the appropriate quantity, degree or weight and meets the requirements of the law.
5.2. If a defect occurs within six months of the takeover, the matter is deemed to have been defective at the time of the takeover.
5.3. Buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of receipt, unless stated otherwise; this does not concern:
5.3.1. on a case sold at a lower price for a defect for which the lower price was agreed;
5.3.2. the wear and tear caused by its usual use;
5.3.3. in the case of a defective item, the appropriate degree of use or wear and tear that the item had in the takeover by the buyer; or
5.3.4. if it arises from the nature of the matter.
5.4. For consumer goods, the buyer is entitled to claim the right to defect within twenty-four (24) months if the date of consumption is not stated on the goods, in which case the period shall be shortened only until the date indicated on the packaging of the goods.
5.5. For the buyer-entrepreneur, the time limit for the exercise of the rights to defective performance may be different, if expressly stated for the type of goods, the time period given takes precedence. In this case, the goods are marked separately.
5.6. The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.
5.7. If the thing has a defect from which the seller is bound, and in the case of a thing sold at a lower price or the thing used, the buyer has the right to exchange the right to a reasonable discount.
5.8. If the defective performance is a material breach of contract, the buyer is entitled to:
5.8.1. to remove the defect by delivering a new item without defect or by supplying the missing item if this is not disproportionate due to the nature of the defect, but if the defect relates only to the part of the thing, the Buyer may only require replacement parts; if this is not possible, it can withdraw from the contract. However, if the defect is disproportionate due to the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer has the right to free defect removal;
5.8.2. to remove the defect by repairing the item;
5.8.3. a reasonable discount on the purchase price; or
5.8.4. withdraw from the contract.
The buyer will inform the seller of the right he or she chooses when notifying the defect or without undue delay after the defect is notified. The buyer can not change the choice without the seller’s consent; this is not the case if the buyer has asked for a bug to be corrected, which will prove to be irreparable. If the seller fails to remove the defects within a reasonable time or if he notifies the buyer that the defects will not be remedied, the buyer may request a reasonable discount from the purchase price instead of removing the defect or withdraw from the contract. The buyer-consumer has the right to a reasonable discount even if the seller can not deliver a new thing without defects, replace the part or repair it, as well as if the seller fails to remedy the remedy within a reasonable time or that a remedy the consumer has caused considerable difficulties.
5.9. If the defective performance is an irrelevant breach of contract, the buyer has the right to remove the defect or a reasonable discount on the purchase price. If the buyer does not exercise the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the legal defect . Other defects may be removed by the seller by his / her choice by repairing the item or by supplying a new item. If the seller fails to remove the defect in time or the defect refuses to remove it, the buyer may demand a discount from the purchase price, or he may withdraw from the contract. The buyer can not change the choice without the seller’s consent.
5.10. The right of delivery of a new item or replacement of the part has a buyer even if a defect can be remedied if the item can not be properly used for repeated defects after repair or for more defects. In that case, the buyer has the right to withdraw from the contract.
5.11. Upon delivery of a new item, the buyer returns to the seller at his own expense the item originally delivered (including all accessories supplied).
5.12. If the Buyer fails to notify the Buyer of any defect without undue delay after he / she has been able to find it in due time and with sufficient care, the court shall not give him / her the right to defective performance if the Seller objects to the delayed notification of the defect. In the case of a hidden defect, the same shall apply if the defect has not been reported without undue delay after the buyer has been able to ascertain with sufficient care, no later than two years after the case has been surrendered.
VI.Guarantee for Quality
6.1. By guaranteeing quality, the seller commits that the item will be fit for normal use for a certain period of time or that it retains the usual properties. These effects also include the indication of the warranty period or the shelf life of the item on the packaging or in the advertisement. The warranty can also be provided for the individual part of the item.
6.2. The warranty period runs from the surrender of the item to the buyer. The warranty period runs from the date of commencement of the operation if the buyer commissioned commissioning no later than three weeks after taking over the item and provided the necessary assistance in order to perform the service properly and in a timely manner.
6.3. Buyer is not entitled to a warranty if the defect has caused an external event after the risk of damage to the buyer.
VII. Personal details, user account
7.1. The Seller declares that all personal data communicated to the buyer is confidential, will only be used to perform the contract with Buyer’s and Buyer’s marketing actions, and will not otherwise be disclosed, provided to a third party, etc. except for a distribution or payment situation related to the ordered goods delivery names and addresses). Personal data voluntarily provided to the buyer by the seller for the purpose of performing the order and marketing actions of the seller are collected, processed and stored in accordance with applicable laws of the Czech Republic, in particular with Act No. 101/2000 Coll., On the Protection of Personal Data, in the valid and effective text.
7.2. Buyer gives the seller his / her consent to the collection and processing of such personal data for the purposes of fulfilling the subject of the Purchase Agreement and for the Seller’s marketing purposes (especially for sending commercial communications, telemarketing, sms), until such time as he or she expresses disapproval of such processing . The electronic form is also considered to be a written statement in this case.
7.3. The buyer has the right to establish a user account registration.
7.4. The buyer has the obligation to enter access data before entering the user account.
7.5. Purchaser identification data entered at the time of registration are considered to be data entered in the order of each item that the buyer makes after logging into his user account.
7.6. Buyers may not provide third-party access data or any other access to a user account. The buyer is obliged to take all reasonable measures to keep them secret. The buyer is fully responsible for unauthorized use of this access or user account and for any damage caused to the seller or third parties. In the event of loss, theft or other violation of the right of use of such data, the Buyer shall immediately inform the Seller of this fact. Seller shall provide the buyer with new access data within a reasonable time.
VIII. Order, purchase price
8.1. The buyer will receive the thing at the price valid at the time of the order. The buyer has the opportunity to get acquainted with the total price, including VAT and all other charges (PHE, etc.) before ordering. This price will be stated in the order and in the confirmation message of receipt of the order of the goods.
8.2. Due to a technical error in the E-shop, the purchase price can be displayed for a case whose gross amount does not correspond to the usual price of such a thing on the market; in this case, the seller is not obliged to deliver the item for the displayed purchase price, contact the buyer and tell him the actual purchase price of the item and the buyer has the right to decide whether or not to accept the thing for the actual purchase price, and if the purchase is canceled, .
8.3. Ordering things is possible:
• via e-commerce at www.stone-idea.com.
IX. Withdrawal from the contract
9.1. Withdrawal from the contract by a buyer who is a consumer
9.1.1. The consumer purchaser has the right to withdraw from the contract within 14 days of receipt of the goods if the contract was concluded by means of distance communication. If the consumer chooses to use this right, the withdrawal must be delivered to the seller at the latest by the 14th day of the receipt of the goods, at his own expense.
9.1.2. Withdrawal and goods will be sent by the buyer – consumer to:
Stone Idea s.r.o., Dopravni 500/9, 104 00 Praha 10
9.1.3. Goods are purchaser-consumer obliged to return full, with complete documentation, undamaged, clean, preferably including original packaging, in the condition and value of the goods in which it was taken over. In the event that returned goods are incomplete or damaged, the seller may reduce the corresponding purchase price to the returned purchase price. Money for returned goods will be returned to buyer-consumer within 30 days of delivery of the withdrawal.
9.1.4. Except when the withdrawal is expressly agreed, the consumer can not withdraw from the contract referred to in point 2.1.5. GTC.
9.1.5. The Buyer takes note of the fact that when gifts are provided, the gift agreement between the seller and the buyer is concluded on the condition that the consumer’s right to withdraw from the contract is used, the gift agreement is no longer valid and the buyer is obliged, together with the returned goods to return the gifts associated with it.
9.2. Withdrawal from the contract by a buyer who is an entrepreneur. If the buyer is an entrepreneur, the applicable provisions of the law on the withdrawal of the contract between the entrepreneurs shall apply.
X. Payment Terms
10.1. Seller accepts the following payment terms:
• cash payment upon receipt of goods,
• cash on delivery of goods (cash received from the customer by the carrier),
• payment by credit card,
• prepay by bank transfer.
10.2. The goods remain in full payment and takeover by the seller’s property, but the risk of damage to the item passes through the takeover of the goods by the buyer.
XI. Terms of delivery
11.1. Personal collection:
Goods may be taken over by the buyer at the premises designated by the seller for the personal collection of the goods.
11.2. Transmission service delivery – CZ:
Goods can be sent to the buyer by means of transport service, eg TOPTRANS, PPL, or Czech Post. The price of the transport is governed by the current price list on the day of the order. If the buyer does not deliver the goods to the buyer for reasons that lie on the seller’s side within 14 days (subject to conditions and after all necessary steps on the part of the buyer, in particular payment of the purchase price), the buyer has the right to withdraw from the contract (without prejudice to his other rights, such as the right to compensation).
11.3. Prices are shown on the E-shop website.
11.4. The buyer is obliged to check the condition of the shipment (number of parcels, tape integrity, box damage) according to the attached shipping note immediately upon delivery. The buyer is entitled to refuse to accept a shipment that is not in conformity with the purchase contract. If such a shipment is accepted by the purchaser from the transporter, it is necessary to describe the damage in the delivery protocol of the transporter. Incomplete or damaged shipment must be immediately notified to the seller, to write the shipping protocol with the carrier and send this without fax, e-mail or post to the seller without undue delay.
XII. Warranty Terms, Complaints
12.1. The guarantee document (warranty card) is a purchase document (invoice or vendor – the “warranty card”), which contains all the necessary data for the guarantee (eg the name of the goods, the price, the quantity, the serial number, etc.).
12.2. The warranty period begins to run on the day of receipt of the goods by the buyer, the date on the warranty list.
12.3. When the goods are sold, the statutory warranty period is 24 months for the buyer-consumer, unless the special legal regulation stipulates a longer period of time, or if the manufacturer does not provide for another period of serviceability, durability or consumption. Seller may extend this statutory period. The warranty period is extended by the time the goods were in the claim. Rights of liability for defects in goods for which the warranty period is valid shall expire if it has not been exercised in the warranty period.
12.4. If the buyer is a consumer, within the statutory warranty period, complaints are governed by applicable law.
12.5. The place to claim is: Stone Idea s.r.o., Dopravní 500/9, 104 00 Praha 10.
12.6. Buyer can send the defective goods to the claim by the shipping service to the address of the seller. The package should be marked visibly “REKLAMATION” and include: the goods claimed (including complete accessories), a copy of the purchase document, a detailed description of the defect and sufficient contact details of the buyer ( especially return address and phone number).
12.7. The buyer is obliged to inform the seller of the dispatch of the goods complained by telephone or by e-mail.
12.8. Buyer who is not a consumer will provide proof of the warranty by submitting a purchase receipt, if it has been claimed in the past, also proof of the claim.
12.9. The warranty does not apply to damages incurred (if such activity is not an ordinary activity and is not prohibited in the enclosed instruction manual):
• mechanical damage to goods,
• electrical surges (visible burnt components or printed circuits) except for normal deviations,
• using goods in conditions that do not match their temperature, dustiness, humidity, chemical and mechanical effects of the environment that is directly determined by the vendor or manufacturer,
• Incorrect installation, handling, handling, or neglect of the care of goods,
• the goods have been damaged by excessive loading or use in contravention of the conditions stated in the documentation or general principles,
• Performing unqualified intervention or changing parameters,
• goods that have been customized by the customer (painting, bending, etc.) if a defect has arisen as a result of this modification,
• the goods have been damaged by natural elements or by force majeure.
These limitations do not apply if the characteristics of the goods that are inconsistent with the above conditions are explicitly agreed upon by the buyer and seller, are denounced or declared by the seller, or they can be expected due to the advertisement or usual use of the goods.
12.10. The goods handed over to the claim will only be tested for the defect stated by the buyer (in the claim form, in the enclosed defect description sheet).
12.11. The seller has the right to refuse to accept the goods in a complaint in cases where the goods and / or parts complained of are contaminated or do not meet the basic prerequisites for the hygienically safe delivery of the goods to the complaint procedure unless the usual pollution is involved.
XIII. How to handle a complaint
13.1. In accordance with the provisions of § 2, paragraph 1, letter a) of Act No. 634/1992 Coll. On Consumer Protection, as amended, the consumer is a natural person who does not act in the course of his business or in the independent exercise of his profession.
13.2. If the buyer is a consumer, the seller of the claim decides immediately, in complex cases, within three business days of delivery of the claim to the vendor. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect.
13.3. The complaint shall be resolved by the seller without any unnecessary delay, no later than 30 days after the date of the claim. The 30-day deadline may be extended after the complaint has been lodged with the consumer – such extension may not be for an indefinite or unreasonably long period. After the deadline or it is considered that a defect actually existed and the consumer has the same rights as a defect that can not be eliminated.
13.4. If the buyer is an entrepreneur, the seller undertakes to make a claim within a period of 40 days from the date of the claim.
13.5. The Seller shall provide the Buyer with a written acknowledgment of the date and manner of handling the claim, including a confirmation of the repair and the duration of the claim, or a justification of the refusal of the claim.
13.6. After a legitimate claim has been processed, the warranty period is extended by the duration of the claim. In the case of an unwarranted claim, the warranty period is not extended. If the warranty claim was settled in the legal warranty period, the warranty period begins to run again from the date of settlement of the claim. The duration of the claim is counted from the day after the claim is lodged (delivery of the claim to the seller) until the day the claim is settled, ie when the buyer was obliged to take over the item.
13.7. The buyer is informed by the buyer about the complaint handling by e-mail, which he made when purchasing or claiming.
13.8. In the event that the claim is not received by the purchaser within one month of the expiration of the time when the complaint was to be made and if it was made later, within one month of the notification of its execution (ie usually within 60 days from the date of the claim) when dispatching a warehouse for storing goods in the amount of CZK 20, including VAT for each day of delay.
13.9. If the buyer does not pick up the goods from the complaint within 6 months from the day when the settlement was informed, the seller reserves the right to sell the goods and to use the proceeds for the storage.
13.10. When dispatching the claim after the claim has been settled, the buyer is required to provide the document on the basis of which the case was accepted in the complaint and must prove his / her identity with the ID or a valid passport.
with the claim. These costs are understood to be the least necessary. In particular, this is a postage for sending a claim. Such costs may not include a wagon for the use of complaints and express shipments and the like. The reimbursement of the costs must be requested without undue delay but not later than within one month from the end of the period for exercising the rights of defective performance.
13.12. The buyer is required to check the goods received and its compliance with the dispatch report of the claim. The buyer further checks the completeness of the goods, especially if the package contains everything they contain. Later objections will no longer be taken into account.
XIV. Final Provisions
14.1. These GTCs are valid and effective from July 11,
14.2. In the case of buyer registration, the conditions of Section 1752 (1) of the Civil Code are fulfilled and the seller is entitled to unilaterally modify these GTC; the buyer will notify the buyer via the E-shop and / or by e-mail to the buyer’s email address entered into the E-shop database. Buyer has the right to refuse to change the GBC within 1 month of first signing in to the user account after notification of the GBC change (if delivered via E-shop) or delivery of the email message to the buyer’s mailbox (if delivered by e-mail) and commitment for this reason, to terminate within one month’s notice, which the parties agree to be able to obtain from another supplier.
Form for withdrawal
(according to the provisions of Section 1829 of Act No. 89/2012 Coll., the Civil Code, as amended)
In ………………………………. on ……………………
Stone Idea s.r.o.
104 00 Praha 10
I hereby declare that I hereby abstain from the Purchase Contract concluded on ……………………………….,
on the basis of which the following goods were delivered to your company: ……………………………………………
The goods were ordered under Order No. …………… and invoiced by invoice No ………………
Name and surname