Terms of Sale

General Business Terms & Conditions

1. Introduction

i. The following General Business Terms and Conditions (hereinafter referred to as the “General Business Terms and Conditions”) shall be governed by the provisions of § 1751 para. 1 Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"). The General Business Terms and Conditions regulate the rights and obligations between the parties to the Contract of Sale i.e. the Seller and the Buyer where AMI, spol.s r.o, Co. Reg. No.: 46358773, VAT Reg. No.: CZ46358773, with registered office at Klamovka 2051, Smíchov, 150 00 Prague 5, Czech Republic, Establishment: AMI, spol.s ro, Nerudova 47, 110 00 Prague 1, Czech Republic, registered in the Commercial Register with the Municipal Court in Prague, File No.C 13261 (“the Seller” or  „AMI, spol.s r.o..“, Seller and the Buyer (“the Buyer”) together as “Contracting Parties”). The Contracts of Sale are being concluded in connection with the sale of handmade products through the Seller's online store. The online store is operated by the Seller on the website at www.curiomat.cz (hereinafter referred to as "e-shop").

ii. In particular these General Business Terms and Conditions regulate the conditions of the purchase, delivery, payment conditions and provision of another related services as well as the legal relationships arising in connection with the negotiations between the Seller and the Buyer of which target is to conclude such Contract of Sale.

iii. Provisions derogating from the General Business Terms and Conditions may be negotiated and agreed in the Contract of Sale itself. Derogating arrangements in the Contract of Sale shall take precedence over the provisions of the General Business Terms and Conditions.

iv. The provisions of the General Business Terms and Conditions are an integral part of the Contract of Sale. The Contract of Sale and the General Business Terms and Conditions are drafted in Czech and English. The Purchase Agreement can be concluded in Czech and English. In case of discrepancy between the individual language versions the Czech version shall prevail.

v. The Seller may amend or diversify the wording of the General Business Terms and Conditions. This provision is without prejudice to rights and obligations arising while the previous version of the General Business Terms and Conditions had been effective.

vi. The Buyer is either a consumer or an entrepreneur. A consumer is anyone who, outside the scope of his / her business activity or outside the independent exercise of his / her profession, enters into a contractual legal relationship with the Seller. An entrepreneur is one who independently carries out a gainful activity on his own account and responsibility in a trade or other way with an intention to generate profit. For the purpose of the General Business Terms and Conditions, an entrepreneur is understood to be one who acts in accordance with the previous sentence in the course of his / her business activities. If the Buyer states his / her identification number in the order, he / she acknowledges that the rules stated in the General Business Terms and Conditions for entrepreneurs apply to him / her.

2. The Contract of Sale

i. The e-shop www.curiomat.cz, provides a complete list of commonly supplied goods. The Seller does not guarantee the immediate availability of all Goods items. The displayed availability of the Goods is indicative and, if the current availability differs from that shown in the product detail, the Buyer is informed in good time. We have the handmade products especially the more expensive ones made to order. All presentation of the Goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a Contract of Sale regarding to this Goods. The provision of Section 1732 (2) of the Civil Code shall not apply.

ii. The Buyer selects the Goods, properly completes the order form and submits the order via the web form (hereinafter referred to as the "Order"). Before the Buyer confirms the Order, the Buyer has the right to change the required performance, transport as well as the payment method. The Buyer is obliged to check all data entered into the Order. This submitted Order is a proposal to conclude a Sale of Goods Contract.

iii. The completion of all required data and requisites of the electronic form of the order, is a prerequisite for the validity of an electronic Order.

iv. Under the Contact of Sale the Seller undertakes to deliver the Goods to the Buyer or provide the digital content / license that is the subject of the purchase, and enable the Buyer to acquire the title to the Goods/ licence to it. The Buyer undertakes to receive the Goods/digital content from and pay the purchase price to the Seller. The Contract of Sale (hereinafter referred to as the “Contract of Sale”) is concluded at the moment of sending the Order by the Buyer after selecting the transport and payment method and accepting the Order by the Seller. The conclusion of the Contract of Sale shall promptly be confirmed to the Buyer by the Seller in the way of an email send to the email address specified by the Buyer. The Order must contain at least the quantity, the total purchase price and the exact specification of the ordered Goods, i.e. for example the catalogue number or the name of the handmade products.   In case of ordering the made to order Goods, the made-to-order form is attached to the Order.

v. By placing the Order, the Buyer acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the Contract of Sale and explicitly agrees to the same in the wording valid and effective as at the moment of placing the Order.

vi. The newly concluded Contract of Sale (including the purchase price) may be amended or terminated only with the agreement of the Parties or in cases stipulated by law unless otherwise stated in the General Business Terms and Conditions.

vii. The Buyer acknowledges that he / she will not acquire any rights to use the registered trademarks, trade names, company logos, etc. of Seller or Seller’s contractual partners by virtue of having purchased the Goods from the Seller unless a specific agreement individually provides otherwise.

viii. The Buyer will receive an Invoice as an attachment of the Order confirmation to the specified e-mail address. Such Invoice shall contain basic data of the purchase contract; incl. receipts pursuant to the Act No. 112/2016 Coll., on Registration of Sales, as amended and Tax Document. The Buyer hereby agrees. References to the listed documents are sent to the Buyer’s e-mail address, which the Buyer includes in the Order

3. Purchase Price and Terms of Payment

i. Relevant prices and detailed information regarding the Goods are quoted on-line in the e-shop catalogue. Prices are quoted as final, that is, incl. VAT and other related fees; however, shipping costs vary according to the chosen method and the transport provider and the method of payment (hereinafter referred to as the “Purchase Price”). The Seller is entitled to unilaterally change the prices of the Goods, provided that such a change in the price will not affect the Contract of Sale already concluded.

ii. The price of the made to order Goods shall be determined by the agreement of the Contracting Parties in connection with the formation of the visual propositions of the Goods, which shall be part of the made-to-order form as attached to the Order.

iii. The Seller is entitled to charge the Buyer for the costs of the Good´s delivery beyond the Purchase Price of the Goods in which case the Seller shall notify the Buyer of the estimated amount of such costs before concluding the Contract of Sale.

iv. Before submitting the Order it is the Buyer's duty to check the price of the Goods including the shipping fees and payment charges.

v. By sending the Order, the Buyer confirms the acceptance of the Purchase Price for the ordered Goods and the payment of the costs associated with the delivery of the Goods to the specified address.

vi. Unless otherwise agreed in the Contract of Sale, the Buyer shall pay the Purchase Price not later than at the time of receipt of the Goods either in cash upon receipt of the Goods or to the Seller's bank account communicated to the Seller together with the Order Confirmation via e-mail or other suitable method or alternatively by means of the payment gateway (PayPal or GP WebPay).

4. Delivery of Goods

i. The Buyer will collect the Goods either in person from the Seller or will be delivered to the address specified by the Buyer in the Order / Registration Form. If the Seller is obliged to deliver the Goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the Goods upon delivery. The Seller shall notify the Buyer of the estimated date of delivery of the Goods.

ii. If the subject of the purchase is the digital content, the Goods are considered to be delivered at the moment when the Seller delivers an e-mail message to the Buyer containing a link to download it or when the Seller makes the download link available to the Buyer in Buyer´s user profile. The Seller hereby notifies the Buyer that the digital content download link is only valid for 60 days. The Buyer is therefore obliged to download the digital content within this period of time.

iii. Delivery costs of the goods are based on their weight and delivery distance. The quickest and easiest way to find out the amount of shipping charges for your Goods is to create an Order using a shopping cart, where the cost is automatically calculated to over 80 destinations around the world. AMI, spol.s r.o.si reserves the right to require the Buyer to pay for the delivery of the Goods if the actual costs incurred for the delivery of the Goods are higher than the Buyer has paid so far. The Buyer shall be informed of this fact by the Seller in due time.

iv. If it is not agreed how the Goods are to be packed, the Seller shall pack the Goods according to custom; if they are not in place, then in the manner necessary for the preservation of the Goods and their protection. The Seller shall provide the Goods for transport applying the same manners.

v. Fees for packaging according to the Seller's habits and fees for handling shall not be charged.

vi. In the event that for the reasons are on Buyer´s side it is necessary to deliver the Goods repeatedly or in another way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the Goods or as the case may be the costs associated with the alternative method of delivery.

vii. The Buyer hereby agrees that the Seller shall provide the selected carrier with information concerning the Buyer, to the extent necessary for the proper delivery of the Goods.

viii. In the event that the Goods are transported via a carrier, the Buyer is obliged to check the integrity of the packaging upon receipt of the Goods and in case of any defects immediately notify the carrier, with whom he will draw up the relevant protocol. At the same time, the Buyer is obliged to immediately notify the Seller of an incomplete or damaged shipment and to properly document defects or damage to the shipment (eg by taking photo documentation). In the event of a damage of the packaging indicating unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the Carrier. If the damage or partial loss of the contents of the shipment is not obvious during its delivery and acceptance by the consignee, the Buyer is obliged to notify the Seller of the damage without undue delay after finding out, no later than 3 working days from the date of delivery or damage to the e-mail: info@curiomat.cz with enclosing the completed complaint form. Upon receipt of the above details, the Seller will initiate a complaint procedure with the Supplier. The Supplier is obliged to handle the complaint within 30 days of its application at the latest.

ix. The Buyer is obliged to inspect the Goods immediately upon receipt and to get acquainted with the instructions for use of the Goods before its first use.

x. If the Buyer is a consumer, ownership of the Goods, as well as the risk of damage to the Goods, passes to the Buyer at the time of full payment of the Purchase Price and receipt of the Goods from the Carrier.

xi. If the Buyer is not a consumer, the Seller shall hand over the Goods to the Buyer by handing them over to the selected Carrier for transport to the Buyer and shall enable the Buyer to exercise the rights under the contract of carriage against the selected Carrier. Ownership of the Goods to the Buyer, who is not a consumer, passes at the moment when the Purchase Price is fully paid and at the moment the Goods are handed over to the Carrier. The risk of damage to the Goods passes to the Buyer at the time of delivery of the Goods to the selected Carrier  which transports the Goods to the  destination specified in the Order.

5. Rights from defective performance

i. The rights and obligations of the Contracting Parties concerning defective performance are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code").

ii. The Seller guarantees to the Buyer that the Goods are free from defects when received by the Buyer. In particular the Seller is liable to the Buyer for the fact that at the moment the risk of damage passes to the Purchaser the: (i) the Goods have the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by the Seller in the catalogue. ii) the Goods are fit for their intended purpose, (iii) the Goods correspond in quality or design to the agreed sample or model (iv) the Goods are in the appropriate quantity, measure or weight, and comply with the requirements stipulated by law. If the Goods are found faulty within six months after having been received by the Buyer, the Goods are deemed to have been faulty already when received by the Buyer.

iii. If the Defective Goods are delivered to the Buyer, and there is a material breach of contract, the Buyer has the right (i) to have the defect removed by being delivered a new defect-free Goods or the missing part (ii) have the defect removed by repair of the Goods, (iii) to be given a reasonable discount on the Purchase price; or (iv) withdraw from the Contract of Sale.

iv. When claiming the defect in question or without undue delay after notification of the defect the Buyer shall inform the Seller as to which of the aforementioned options the Buyer has selected. The Buyer cannot change the choice made without the consent of the Seller; with the exception of a defect requested by the Buyer to be repaired and subsequently being identified as irreparable. If the defects are not removed by the Seller within a reasonable period or if the Buyer is informed by the Seller that the defects in question will not be removed, the Buyer may and can claim a reasonable discount on the Purchase price instead of withdrawing from the Purchase Agreement or withdraw from the Purchase Agreement. If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply, see below.

v. If improper performance constitutes other than material breach, the Buyer may and can have the defect removed or be given a reasonable discount on the Purchase Price. Unless the Buyer claims the discount on the Purchase Price or withdraws from the Contract of Sale, the Seller may deliver the missing parts or remove the legal defect. Other defects can be removed at Sellers’s discretion either by repair or delivery of the new Goods.

vi. If the Seller fails to remove the defect in due course or refuses to remove the defect, the Buyer may claim a reasonable discount on the Purchase Price or may withdraw from the Contract of Sale whereby the selected option can then be changed only if so approved by the Seller.

vii. If being delivered the new Goods, the Buyer returns the original Goods back to the Seller and does so at his own expense.

viii. If the Buyer does not report the damage of the Goods in time, he loses the right to withdraw from the Contract of Sale.

ix. The Buyer failing to report the damage without undue delay after the damage could have been identified by the Buyer had the product been examined in due course and with sufficient care will not be adjudicated by court the rights from defective performance. The same applies also to a hidden damage not reported without undue delay after the damage could have been identified by the Buyer had the Goods been examined with sufficient care, however, not later than within two years after the Goods have been delivered to the Buyer.
The rights from defective performance that occurs in the Goods within twenty-four months from receipt do not however apply to:
Goods sold at a lower price for the discount-related defects;
usual wear and tear;
defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Buyer; or
cases implied by the nature of the case.

x. The Buyer may claim to have the damage removed by being delivered a new Goods or a replaced component part also in cases where the damage can be removed but the Goods cannot be used because of a repeated occurrence of the damage after repair or a larger number of damages. In such cases, the Buyer may and can withdraw from the Contract of Sale.

xi. The Buyer is not entitled to rights from defective performance if the Buyer was aware about the damage before accepting the Goods or if the damage in question was caused by the Buyer or if the damage was the result of normal wear and tear of the Goods (or its parts) or caused by frequent use. Shorter service life due to frequent use of the goods cannot be considered as damage.

xii. The Buyer - the consumer may and can claim his rights from defective performance for the faulty Goods within 24 month after receipt. The provisions of this article shall not apply to Goods sold at a lower price for the discount-related defects, to wear and tear of the Goods caused by its ordinary use, to used Goods for a damage corresponding to the degree of use or wear the Goods had when taken over by the Buyer, or if it is from the nature of the Goods.

xiii. The warranty terms and conditions are governed by the Seller´s Claims Code and relevant provisions of Czech law. The Claims Code is an integral part of the Seller's General Business Terms and Conditions. By concluding the Contract of Sale and taking over the Goods from the Seller, the Buyer agrees with this Claims Code.

xiv. Only Goods that are clean will be accepted for the assessment of claims for damages so that the general principles of hygiene do not hinder the assessment of the rights from defective performance.

xv. The Buyer is obliged to refrain from using the Goods immediately after finding out that there is a defect in the Goods.

xvi. The Seller is not obliged to take responsibility for damages resulting from the operation of the Goods, functional properties and damages from improper use of the Goods, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the provided warranty.

6. Withdrawal from the Contract of Sale

i. Withdrawal from the Contract of Sale by the Buyer – Consumer

i) If the Contract of Sale is concluded by means of distance communication, the Buyer, who is a consumer, has the right to withdraw from the Contract of Sale within 14 days of receiving of the Goods without giving reasons, in accordance with the provisions of § 1829 par. 1. If the subjects of the Contract of Sale are several types of Goods, or the delivery of several parts, this period runs from the date of receiving of the last delivery of the Goods.

The Buyer- consumer may not withdraw from the Contract of Sale in the above described way for the:
• provision of services performed by the Seller with previous explicit consent of the Buyer prior to the expiration of the period of notice;
• delivery of Goods adjusted as per the requirements/for the needs of the Buyer- consumer ie especially Goods made to order;
• delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the Buyer- consumer prior to the expiration of the period of notice whereby the Seller underlines that the Contract of Sale for the delivery of an on-line content cannot be withdrawn.

ii) If the Contract of Sale is to be withdrawn from the pursuant to this Article, the Contact of Sale shall be considered terminated from the beginning. The Buyer- consumer is obliged to return the intact Goods in their original condition to the Seller. The costs incurred in association with returning are borne by the Buyer -consumer.

iii) Buyer-consumers withdrawing from the Contract of Sale pursuant to the previous paragraph is refunded the entire amount paid under the Contract of Sale by the Buyer-consumer whereby this amount is refunded by the Seller without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the Contract of Sale if not agreed otherwise. The Seller is not obliged to return the received funds to the Buyer before the Buyer returns the Goods to him. The Buyer is liable to the Seller only for any decrease in value of the Goods caused by handling the Goods other than as required by the nature and characteristics of the Goods.

iv) In order for the Goods to be taken back by the Seller in the event of withdrawal from the Contract of Sale, the Goods must not be damaged in any way or show signs of use or wear. The Buyer- consumer should return the Goods complete, ie including all delivered accessories and complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the Goods have been received.

ii. Withdrawal from the Contract of Sale in other cases

i) If the Buyer-entrepreneur is allowed by the Seller to withdraw from the Contract of Sale within the period of 14 days, the Buyer-entrepreneur acknowledges that the purchase price paid may and can be refunded less the reduced value of the goods in question.

ii) If the Buyer-entrepreneur is allowed to withdraw from the Contract of Sale within 14 days and the returned Goods are not in the original packaging, including all parts and accessories, then the Buyer-enterpreneur acknowledges that the Seller reserves the right to charge for such a return, which will compensate the Seller for the costs necessary to reintroduce the Goods for sale.

iii) The Buyer cannot withdraw from the Contract of Sale or demand the delivery of new Goods if he cannot return the Goods in the condition in which he received them. Special promotion prices are valid either until stocks are exhausted with displayed information as to the number of items in question offered for the special promotion price or for a limited period.

iv) The Seller is obliged to arrange the ordered Goods for the Buyer within the agreed period. If this does not happen even within an additional reasonable period granted by the Buyer, the Buyer is entitled to withdraw from the Contract of Sale. In such case, both Contracting Parties are obliged to return the mutual performance within 14 days from the date when the withdrawal reached the legal sphere of the Seller.

iii. Withdrawal from the Contract of Sale by the Seller

i) The Seller may and can to withdraw from the Contract of Sale if Buyer´s improper performance constitutes a material breach of the Contract of Sale. Buyer´s is delay in paying the Purchase Price for more than 21 days after the due date as well as Buyer´s breach of copyright is considered a material breach for the purposes of the Contract of Sale.

ii) Furthermore; the Seller is also entitled to withdraw from the Contract of Sale due to the sell-out or unavailability of the Goods or when the Seller or the manufacturer or supplier of a part of the Goods has interrupted the production or import of the Goods. The Seller shall immediately inform the Buyer of these circumstances via the email address specified in the Order. Moreover; if the Seller does not agree with the Buyer on the delivery of other Goods, the Seller shall return all funds, including delivery costs that he received based on the Contract of Sale within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the Contract of Sale or in the manner specified by the Buyer.

7. Insurance

i. The e-shop www.curiomat.cz offers insurance for all the Goods. The amount of the insurance premium is 5% of the stated Purchase Price of the Goods (excluding transport costs and before taxation).

ii. The insurance covers the replacement or repair of all damaged parts of the Goods.

iii. If you decide not to pay for this shipment insurance, please note that the Seller is not responsible for the Goods that come damaged. All Goods are safely and properly packaged so that they can withstand long-term transport without damage, however, these are Goods that are prone to damage during transport.

iv. The buyer is obliged to always inspect the ordered shipment in front of the carrier, since later complaints cannot be taken into account. In the event that the packaging is damaged (wrinkled, torn, etc.) the Buyer will write a complaint form with the carrier about the damage to the shipment.

v. The Seller is responsible for the Goods until the handover to the carrier. After handing over the Goods to the carrier the Buyer will be provided with the information e-mail with a tracking number and a link via which the shipment can be tracked.

vi. We ship all Goods with a storage period of 30 days. In the event that the Buyer does not collect the Goods within this period the Goods will automatically be returned to the Seller. If the Buyer wishes to send the Goods again it is necessary to pay new postage fee.

vii. In the event that the Buyer no longer wishes to resend the shipment and withdraw from the Contract of Sale he is obliged to pay the Seller the postage fee and costs associated with the execution of the Order.

8. Contracts of Sale in specific cases

i. Antique and secondhand goods

i) The Seller also offers for sale Goods marked as “Antique and secondhand goods”, which has the character of the used goods, and may be eligible for collectors' value, be artistically or historically valuable or be rare for other reasons (hereinafter referred to as “Antique and secondhand goods”).

ii) If the subject of the Contract of Sale is the Antique and secondhand goods the Buyer acknowledges that the nature of such an item implies that it is an item used in the sense of the provisions of § 2167 letter c) Civil Code and that the Buyer is not entitled to exercise the right of defects in the sense of the provisions of § 2165 Civil Code.

It is therefore not possible to claim a 24-month warranty on the Antique and secondhand goods corresponding to the degree of use or wear and tear that the Antique and secondhand goods had when taken over by the Buyer.

The Antique and secondhand goods wear and tear or wear of its components or the restriction or termination of its original functionality, unless such condition or property has been expressly replaced by the Buyer or explicitly declared by the Seller prior to the conclusion of the Contract of Sale is not to be regarded as a defect.

9. Miscellaneous

i. If the Buyer is a consumer the relationships not regulated by these General Business Terms and Conditions are also governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.

ii. Relationships and possible disputes arising from the Contract of Sale shall be settled exclusively under the law of the Czech Republic (excluding conflict of laws) and shall be settled by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) in accordance with Article 6 of this Convention does not apply.

iii. Any disputes arising between the Seller and the Buyer-consumer arising from the Contract of Sale including a dispute related to the settlement of complaints under the Seller's complaint procedure which cannot be resolved by mutual agreement the consumer may file a proposal for out-of-court settlement of such a dispute to a authority which is responsible for the out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, ID: 000 20 869, with its registered office at Prague 2, Štěpánská 567/15, postal code 120 00, e-mail adr@coi.cz. Related information can be found at www.adr.coi.cz.

iv. These General Business Terms and Conditions and parts hereto come into force and effect on 15th June 2020, repealing all the previous versions and their parts.

v. The conditions for protection and processing of personal data (Privacy Policy) are regulated in accordance with valid and effective legislation in a special document, which is available, as well as these General Business Terms and Conditions and their components at the Seller’s registered office and premises of the Seller, or electronically at www.curiomat.cz