Terms and Conditions
Company GIVA s.r.o.
with registered adress Revoluční 1082, Praha 1,
with registered Identification Number: 27130860,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 98585,
for the sale of goods through an online store located on the Internet at www.humanskullreplica.com
1. Introduction
These terms and conditions (Hereinafter referred to as "Terms and Conditions") of GIVA s.r.o. headquartered Revolucni
1082, Praha 1, identification number: 27130860, registered in the Commercial Register maintained by the Municipal Court in
Prague, Section C, File 98585
1.1. GIVA s.r.o. (Hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012
Coll., Civil Code (the "Civil Code") mutual rights and obligations arising in connection with or pursuant to the purchase contract(
Hereinafter referred to as the "purchase contract") concluded between the seller and any other natural person (hereinafter the
"buyer") through the online shop of the seller. Internet shop is operated by the seller on a website located on the Internet at
www.humanskullreplica.com (Hereinafter referred to as the "Website"), and via the website (Hereinafter referred to as the "
Web-based commerce")
1.2 Purchase contract and the terms and conditions are written in the English language. The purchase contract may be
concluded in the English language.
1.3 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations
arising after the effective period of the previous version of business conditions.
2. User Account
2.1. Upon registration by the buyer on the website, the buyer can access to make your user interface. From its user
interface buyer can order goods (hereinafter the "User Account"). Buyer can also order goods without registration directly from
the web interface business.
2.2. When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. The
data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in
the user account and ordering goods by the seller are deemed correct.
2.3. Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality
regarding information necessary to access the user's account.
2.4. Buyer shall not allow the use of a user account to third parties.
2.5. Seller may cancel a user account, especially when the user account is not used for more than one month, or if the buyer
breaches its obligations under the purchase contract (including terms and conditions).
2.6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary
maintenance of hardware and software maintenance. Respectively necessary maintenance of hardware and software of third
parties.
3. Conclusion of Purchase Contract
3.1. Any presentation of the goods placed in the web interface business is informative and seller is not obliged to conclude
a purchase agreement regarding this product. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
3.2. Web interface provides information about goods, prices of individual goods and the cost of returning the goods if the
goods by their nature can not normally be returned by post. You will be charged the current price for buying products from our
website at the date you place your order. All prices are displayed on our website and are inclusive of VAT (where applicable).
We reserve the right to amend prices if there is a change in the rate of VAT. All total prices for goods and services at the
checkout represent the total price payable by the customer for those items, regardless of the address for delivery. For delivered
to the EU, this price includes VAT (or VAT equivalent) at the current rate. Although this price is the same for deliveries outside
the EU, where VAT (or VAT equivalent) may not be applicable, customers are not entitled to any discount or refund to account
for the differences in tax treatment and will pay the same price for the item as a customer placing an order for delivery to the
EU. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3. Web interface also contains information on the costs associated with the delivery of goods.
3.4. To order goods, the buyer fills an order form in the web interface business. Order form contains particular information
about:
3.4.1. ordered goods (the ordered goods buyer "insert" into an electronic shopping cart in business web interface)
3.4.2. method of payment of the purchase price, details of the desired method of delivery of goods ordered and
3.4.3. Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, even
considering the option buyer to detect and correct errors during data entry into the order. The buyer sends the order by clicking
on "Send order". The data specified in the order by the seller are deemed correct. The seller after receiving the order the buyer
confirms receipt of e-mail, at the e-mail address of the buyer specified in the user's account or in the order (hereinafter referred
to as "electronic address of the buyer").
3.6. Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping
costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7. The contractual relationship between seller and buyer arises when order acceptance (acceptance) is delivered, which is
sent to the buyer by e-mail and on electronic mail address of the buyer.
3.8. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer
when using means of distance communication in connection with concluding a purchase contract (cost of internet access,
telephone costs) are paid by the Buyer, and these costs do not differ from the standard rate.
4. Price and Payment Options
4.1. The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay
the seller the following ways: credit card when buying online.
4.2. Along with the purchase price, the Buyer shall pay the costs associated with the delivery of goods and at an agreed
rate. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods.
4.3. The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the
provisions of Art. 4.6 terms and conditions concerning the obligation to pay the purchase price in advance.
4.4. In the case of cashless payment of the purchase. Price is payable at the time the order is sent automatically redirect to
a secure online banking payment gateway.
4.5. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to
the seller's account.
4.6. The seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 3.6), to require payment of
the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not
apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is in trade relations usual or if it is stated by generally binding legal terms, the seller will based on purchase contract
issue a tax document - invoice. Seller is a paer of value added tax. Tax document will be issued after the payment of the price of
the goods and will send it electronically to the buyer´s email adress or will enclose in printed form with the goods sent to the
buyer.
5. Cancellation of Purchase Contract
5.1. Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not, inter alia, to withdraw from the contract for the
supply of goods that have been adjusted according to the wishes of the buyer or his person, from the purchase contract for the
supply of goods subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from
the purchase contract for the supply of sealed goods which the consumer from unsealed hygienic reasons it can not be returned
and the purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
5.2. If this is not a case under Art. 5.1 of terms and conditions or about other case where you can not withdraw from the
contract, the buyer in accordance with § 1829 paragraph 1 of the Civil Code have the right to withdraw from the contract, within
fourteen (14) days of receipt of goods, in which case the contract of sale are several kinds of goods or supply of several parts,
this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the period
mentioned in the previous sentence. For withdrawal from the contract the buyer used a model form provided by the seller,
annexed in section "Returns". Withdrawal from the contract the buyer may be sent to his e-mail maestro@lebka.cz. The goods are to be sent after notice to the seller to the following adress: Zámecká 167, 28403 Kutná Hora. Your funds will be returned on your bank account in exchange.
5.3. In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The
goods must be returned to the Seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the
contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to
their character usual postal route.
5.4. In case of withdrawal pursuant to Art. 5.2 seller returns the funds received from the purchaser within fourteen (14) days
from the withdrawal from the contract the buyer, in the same way as the seller from the buyer received. The seller is also entitled
to return funds provided by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer will agree to
and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the
funds received to the buyer before the buyer returns goods to him.
5.5. Claims for damage caused to the goods, the seller is entitled to unilaterally against the buyer's claim for refund of the
purchase price. Also, costs incurred in transporting the goods to the buyer, the seller is entitled to offset against the buyer'sany
claim to refund the purchase price.
5.6. In cases where a buyer in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract,
the seller is also entitled at any time withdraw from the contract, and until receipt of the goods by the buyer. In this case, the
seller returns the purchase price, without undue delay, bank transfer to an account designated by the buyer.
5.7. If together with the goods given the buyer a gift, the gift agreement between buyer and seller concluded with a condition
subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
6. Shippment and delivery
6.1. In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk
and additional costs associated with this mode of transport.
6.2. If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order,
the buyer is obliged to accept the goods on delivery.
6.3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the
order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
6.4. When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in
case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into
consignment buyer may not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods that can modify special delivery conditions of the
seller, if the seller issued.
7. Waranty
7.1. The rights and obligations of the parties regarding the rights of unsatisfactory performance is governed by the relevant
legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Act no.
634/1992 Coll., On Consumer Protection, as amended).
7.2. Seller shall be liable to the purchaser that the goods on delivery does not have defects. In particular, the seller is liable
to the purchaser that when the buyer took the goods:
7.2.1. the goods are qualities that the parties have agreed, and the absence of an arrangement with those properties which
the seller or manufacturer has described or which buyers expect with regard to the nature of the goods and based on
advertising they carry.
7.2.2. the goods are fit for the purpose which for its use or seller lists or to which goods of the same type are normally used
7.2.3. goods correspond to the quality or the implementation of the agreed sample or template, if it was quality or
performance determined in accordance with the agreed sample or model.
7.2.4. goods in quantity, measure or weight and
7.2.5. zboží vyhovuje požadavkům právních předpisů.
7.3. When a defect is shown within six months after the takeover, it is assumed that the goods were defective at the time of
takeover. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four
months from the receipt.
7.4. Rights of unsatisfactory performance puts the buyer with the seller by notification the seller by email eshop@giva.cz.
Other rights and obligations of the parties relating to the liability of the seller for defects can modify the seller´s complaints
procedure.
8. Other Rights and Obligations of the Parties
8.1. The buyer acquires ownership of the goods by paying the entire purchase price.
8.2. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph 1 point. e)
of the Civil Code.
8.3. The out of court settlement of consumer disputes arising from the purchase agreement, the Czech Trade Inspection,
headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.
8.4. The seller is entitled to sell goods based on trading license. Trade inspection carried out under its authority the Trade
Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the
specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
8.5. The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the
Civil Code.
9. Privacy Policy
9.1. Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as
amended.
9.2. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number,
email address, phone number, hereinafter collectively referred to as "personal data").
9.3. Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations
under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to
the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
9.4. The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the
persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
9.5. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an
automated fashion
9.6. The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide
personal information.
10. Sending Commercial Messages and Storing Cookies
10.1. Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and
agree to receive commercial communications by the seller to the buyer's email address.
10.2. Buyer agrees with saving so called Cookies on his computer. In the event that a purchase on the website can be made,
and commitments agreed sales contracts to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may
consent under the previous sentence at any time.
11. Delivery
11.1. Delivery will be made at the adress the buyer has stated.
12. Final Conduct
12.1. If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the
relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision
a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without
prejudice to the other provisions.
12.3. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
12.4. Attachment business conditions constitute a model form for withdrawal from the contract.
12.5. Seller contact details: GIVA s.r.o., Zámecká 167, 28403 Kutná Hora,e-mail adress: maestro@lebka.cz .
In Kutna Hora 1.9.2019