Terms of Service
of Cryptown s.r.o company.
with registered office: Kaprova 42/14, 110 00, Prague
identification number: 06830129
entered in the Commercial Register kept by the Municipal
Court in Prague, Section C, Insert 288998
for the sale of goods through an online store located at
www.cryptown.eu
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as
“business conditions“) of the business company Cryptown s.r.o., with
its registered office at Kaprova 42/14, 110 00, Prague, identification number:
06830129, entered in the Commercial Register kept by the Municipal Court in
Prague, Section C, Insert 288998 hereinafter only “seller”) regulate in
accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll.,
the Civil Code, as amended (hereinafter the “Civil Code”) mutual rights and
obligations of the contracting parties arising in connection with or on the
basis of a purchase contract (hereinafter referred to as the “purchase
contract”) concluded between the seller and another natural or legal person
(hereinafter referred to as the “buyer”) through the seller’s online store. The
internet shop is operated by the seller on a website located at the internet
address www.cryptown.eu (hereinafter referred to as the “website”),
through the interface of the website (hereinafter referred to as the “web
interface of the shop”).
1.2. The business conditions do not apply to cases where the
person who intends to purchase goods from the seller is a legal entity or a person
who acts when ordering goods in the course of their business or in the course
of their independent profession.
1.3. Provisions deviating from the business conditions can
be agreed in the purchase contract. Deviating provisions in the purchase contract
take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an
integral part of the purchase contract. The purchase contract and business
conditions are drawn up in Czech and English. The purchase contract can be
concluded in Czech and English.
1.5. The wording of the terms and conditions may be changed
or supplemented by the seller. This provision does not affect the rights and
obligations arising during the period of validity of the previous version of
the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer’s registration made on the website,
the buyer can access its user interface. From its user interface, the buyer can
order goods (hereinafter referred to as “user account”). If the web
interface of the store allows it, the buyer can also order goods without
registration directly from the web interface of the store.
2.2. When registering on the website and when ordering
goods, the buyer is obliged to state all data correctly and truthfully. The
buyer is obliged to update the data specified in the user account in the event
of any change. The data provided by the buyer in the user account and when
ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and
password. The buyer is obliged to maintain confidentiality regarding the
information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user
account to third parties.
2.5. The seller may cancel the user account, especially if
the buyer no longer uses his user account or if the buyer violates his
obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be
available around the clock, especially with regard to the necessary maintenance
of hardware and software equipment of the seller, or necessary maintenance of third
party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface
of the store is of an informative nature and the seller is not obliged to enter
into a purchase agreement regarding these goods. The provisions of § 1732 para.
2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information
about the goods, including the prices of individual goods and the cost of
returning the goods, if the goods cannot, by their nature, be returned by
regular mail. The prices of goods are listed including value added tax and all
related fees. The prices of the goods remain valid as long as they are
displayed in the web interface of the store. This provision does not limit the
possibility of the seller to conclude a purchase contract under individually
agreed conditions.
3.3. To order goods, the buyer fills in the order form in
the web interface of the store. The order form contains in particular
information about:
3.3.1. the ordered goods (the ordered goods are
“inserted” by the buyer into the electronic shopping cart of the web interface
of the store),
3.3.2. the method of payment of the purchase price of the
goods, information on the required method of delivery of the ordered goods and
3.3.3. information on the costs associated with the delivery
of goods (hereinafter collectively referred to as “order”).
3.4. Before sending the order to the seller, the buyer is
allowed to check and change the data that the buyer has entered in the order,
even with regard to the buyer’s ability to detect and correct errors made when
entering data into the order. The buyer sends the order to the seller by
clicking on the “Finish order” button. The data listed in the order
they are deemed correct by the seller. The condition for the validity of the
order is the completion of all mandatory information in the order form and
confirmation from the buyer that he has read these terms and conditions.
3.5. Immediately after receiving the order, the seller will
send the buyer a confirmation of receipt of the order to the email address that
the buyer entered when ordering. This confirmation is considered to be the
conclusion of the contract. Attached to the confirmation are the current
business conditions of the seller. The purchase contract is concluded by
confirming the order by the seller to the email address of the buyer.
3.6. In the event that any of the requirements specified in
the order cannot be met by the seller, he will send the amended offer to the
buyer’s email address. The amended offer is considered a new draft of the
purchase contract and in such a case the purchase contract is concluded by the
buyer’s confirmation of acceptance of this offer to the seller to his email
address specified in these terms and conditions.
3.7. All orders accepted by the seller are binding. The
buyer can cancel the order until the buyer receives a notification of receipt
of the order by the seller. The buyer can cancel the order by phone to the
phone number or email of the seller specified in these terms and conditions.
3.8. Depending on the nature of the order (quantity of
goods, purchase price, estimated shipping costs), the seller is always entitled
to ask the buyer for additional confirmation of the order (for example, in
writing or by telephone).
3.9. The contractual relationship between the seller and the
buyer arises from the delivery of the acceptance of the order (acceptance),
which is sent by the seller to the buyer by e-mail to the buyer’s e-mail
address.
3.10. The buyer agrees to the use of means of distance
communication when concluding the purchase contract. The costs incurred by the
buyer in the use of means of distance communication in connection with the
conclusion of the purchase contract (costs of internet connection, costs of
telephone calls) shall be borne by the buyer himself, and these costs do not differ
from the basic rate.
3.11. In the event that there is an obvious technical error
on the part of the seller when stating the price of goods in the online store,
or during ordering, the seller is not obliged to deliver the goods to the buyer
for this clearly incorrect price. The seller informs the buyer of the error
without undue delay and sends the amended offer to the buyer to his email
address. The amended offer is considered a new draft of the purchase contract
and in such a case the purchase contract is concluded by a confirmation of
acceptance by the buyer to the email address of the seller.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with
the delivery of goods under the purchase agreement, the buyer may pay the
seller in the following ways:
• cashless transfer to the seller’s account IBAN:
CZ5420100000002901384450, kept with Fio banka (hereinafter referred to as the
“seller’s account”);
• cryptocurrencies according to the current exchange rate;
• cashless through the Google Pay payment system
4.2. Along with the purchase price, the buyer is obliged to
pay the seller the costs associated with packaging and delivery of goods in the
agreed amount. Unless expressly stated otherwise, the purchase price also
includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar
payment from the buyer. This does not affect the provisions of Article 4.6 of
the Terms and Conditions regarding the obligation to pay the purchase price of
the goods in advance.
4.4. The price is paid by non-cash transfer from the account
or by deposit to the seller’s account in advance or by another offered online
payment method. The price is considered paid on the day the full amount is
credited to the provider’s account. By paying the price, the order becomes
binding.
4.5. In the case of non-cash payment, the buyer’s obligation
to pay the purchase price is fulfilled when the relevant amount is credited to
the seller’s account.
4.6. The seller is entitled, especially in the event that
the buyer does not provide additional confirmation of the order (Article 3.5),
to demand payment of the full purchase price before sending the goods to the
buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the
seller to the buyer cannot be combined with each other.
4.8. If this is customary in business relations or if so
stipulated by generally binding legal regulations, the seller shall issue a tax
document – an invoice – to the buyer regarding payments made on the basis of
the purchase contract. The seller is a payer of value added tax. The tax
document – invoice will be issued by the seller to the buyer after payment of
the price of the goods and will be sent in electronic form to the buyer’s
electronic address.
4.9. Based on the decision of the Constitutional Court Pl.CC
26/16 of 12 December 2017, the obligation to electronically record sales at our
e-shop was abolished.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions
of § 1837 of the Civil Code, it is not possible to withdraw from the purchase
contract for the supply of goods that have been modified according to the
Buyer’s wishes or for him, from the purchase contract for the delivery of
perishable goods and goods, which has been irretrievably mixed with other goods
after delivery, from a purchase contract for the supply of goods in a sealed
package which the consumer has removed from the packaging and cannot be
returned for hygienic reasons, and from a purchase contract for the supply of
an audio or video recording or computer program packaging.
5.2. If it is not a case referred to in Article 5.1 of the
Terms and Conditions or another case where it is not possible to withdraw from
the purchase contract, the buyer has the right to withdraw from the purchase
contract in accordance with § 1829 paragraph 1 of the Civil Code within
fourteen (14 ) days from the receipt of the goods, and in the event that the
subject of the purchase contract is several types of goods or delivery of
several parts, this period runs from the date of receipt of the last delivery
of goods. Withdrawal from the purchase contract must be sent to the seller
within the period specified in the previous sentence. To withdraw from the
purchase contract, the buyer can use the sample form provided by the seller,
which forms an annex to the terms and conditions. Withdrawal from the purchase
contract can be sent by the buyer to the address of the seller’s office or to
the seller’s e-mail address [email protected]
5.3. In the event of withdrawal from the purchase contract
pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is
canceled from the beginning. The goods must be returned to the seller by the
buyer within fourteen (14) days from the delivery of the withdrawal from the
purchase contract to the seller. If the buyer withdraws from the purchase
contract, the buyer bears the costs associated with the return of goods to the
seller, even if the goods can not be returned due to its nature by regular
mail.
5.4. In the event of withdrawal from the purchase contract
pursuant to Article 5.2 of the Terms and Conditions, the seller will return the
funds received from the buyer within fourteen (14) days of withdrawal from the
purchase contract by the buyer, in the same way as the seller received from the
buyer. The seller is also entitled to return the performance provided by the
buyer when returning the goods to the buyer or otherwise, if the buyer agrees
and the buyer does not incur additional costs. If the buyer withdraws from the
purchase contract, the seller is not obliged to return the funds received to
the buyer before the buyer returns the goods or proves that he sent the goods
to the seller.
5.5. The seller is entitled to unilaterally set off the
right to compensation for damage caused to the goods against the buyer’s right
to a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from
the purchase contract in accordance with the provisions of § 1829 paragraph 1
of the Civil Code, the seller is also entitled to withdraw from the purchase
contract at any time, until the goods are taken over by the buyer. In such a
case, the seller will return the purchase price to the buyer without undue
delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the
goods, the gift contract between the seller and the buyer is concluded with the
untying condition that if the buyer withdraws from the purchase contract, the
gift contract for such a gift ceases to be effective and the buyer is obliged
to return given a gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of
a special request of the buyer, the buyer bears the risk and any additional
costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is
obliged to deliver the goods to the place specified by the buyer in the order,
the buyer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer
it is necessary to deliver the goods repeatedly or in a different way than
specified in the order, the buyer is obliged to pay the costs associated with
repeated delivery of goods, respectively. costs associated with another method
of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer
is obliged to check the integrity of the packaging of the goods and in case of
any defects immediately notify the carrier. In the case of finding a violation
of the packaging indicating unauthorized entry into the shipment, the buyer
does not have to take over the shipment from the carrier. This does not affect
the rights of the buyer from liability for defects in the goods and other
rights of the buyer arising from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the
transport of goods may be governed by the special delivery conditions of the
seller, if issued by the seller.
6.6. The seller reserves the right in case of temporary
impossibility of delivery due to unavoidable and unforeseeable obstacles or
so-called force majeure, which arose without his fault, to extend the delivery
time depending on these obstacles. An unavoidable and unpredictable obstacle or
so-called force majeure is especially the uprising, riots, extreme weather
fluctuations, quarantine, etc.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties
regarding the rights arising from defective performance are governed by the
relevant generally binding legal regulations (especially the provisions of §
1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No.
634/1992 Coll., On consumer protection, as amended).
7.2. The seller responds to the buyer that the goods are
free of defects upon receipt. In particular, the seller is responsible to the
buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the
parties and, in the absence of an agreement, have the characteristics described
by the seller or the manufacturer or which the buyer expected with regard to
the nature of the goods and on the basis of their advertising,
7.2.2. the goods are fit for the purpose stated by the
seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the
contracted sample or model, if the quality or design was determined according
to the contracted sample or model,
7.2.4. the goods are in the appropriate quantity, measure or
weight; and
7.2.5. the goods comply with the requirements of legal
regulations.
7.3. If the defect becomes apparent within six months of
receipt, the goods are deemed to have been defective at the time of receipt.
7.4. The seller has obligations from defective performance
at least to the extent that the obligations from defective performance of the
manufacturer persist. The buyer is otherwise entitled to exercise the right to
a defect that occurs in consumer new goods within 24 months of receipt and used
goods within 12 months of receipt. If, in accordance with other legislation,
the period for which the goods can be used is indicated on the goods sold, on
their packaging, in the instructions attached to the goods or in advertising,
the provisions on the quality guarantee shall apply. By guaranteeing the
quality, the seller undertakes that the goods will be suitable for use for the
usual purpose for a certain period of time or that they will retain their usual
properties. If the buyer has rightly criticized the seller for the defect of
the goods, the period for exercising the rights from the defective performance
or the warranty period does not run for the period during which the buyer
cannot use the defective goods.
7.5. The provisions set out in Article 7.4 of the Terms and
Conditions shall not apply to goods sold at a lower price for a defect for
which a lower price was agreed, to wear and tear caused by its normal use, to
used goods for a defect corresponding to the degree of use or wear the buyer,
or if it follows from the nature of the goods. The right of defective
performance does not belong to the buyer, if the buyer knew before taking over
the goods that the goods have a defect, or if the buyer caused the defect
himself.
7.6. The rights from the liability for defects of the goods
apply to the seller. However, if the confirmation issued to the seller
regarding the scope of rights from liability for defects (in the sense of the
provisions of § 2166 of the Civil Code) mentions another person for repair, who
is closer to the seller’s place or place for the buyer, the buyer shall
exercise the right to repair who is designated to perform the repair. Except in
cases where another person is designated to carry out the repair according to
the previous sentence, the seller is obliged to accept a complaint in any
establishment where acceptance of the complaint is possible with respect to the
range of products or services provided, or in the registered office or place of
business. The seller is obliged to issue a written confirmation to the buyer
about when the buyer exercised the right, what is the content of the complaint
and what method of handling the complaint the buyer requires; and a
confirmation of the date and manner of handling the complaint, including a
confirmation of the repair and its duration, or a written justification for
rejecting the complaint. This obligation also applies to other persons
designated by the seller to perform the repair.
7.7. The buyer may specifically exercise the rights from
liability for defects of the goods, in particular by e-mail at
[email protected].
7.8. The buyer shall inform the seller which right he has
chosen, upon notification of the defect, or without undue delay after
notification of the defect. The buyer cannot change the choice made without the
consent of the seller; this does not apply if the buyer has requested the
repair of a defect which proves to be irreparable.
7.9. If the goods do not have the properties specified in
Article 7.2 of the Terms and Conditions, the buyer may require delivery of new
goods without defects, if this is not disproportionate due to the nature of the
defect, but if the defect concerns only a part of the goods, the buyer may only
request replacement; if this is not possible, he may withdraw from the
contract. However, if it is disproportionate due to the nature of the defect,
especially if the defect can be removed without undue delay, the buyer has the
right to free removal of the defect. The buyer has the right to deliver new
goods or replace parts even in the case of a remediable defect, if he cannot
use the goods properly due to the recurrence of the defect after repair or due
to a larger number of defects. In this case, the buyer also has the right to
withdraw from the contract. If the buyer does not withdraw from the contract or
if he does not exercise the right to deliver new goods without defects, to
replace its parts or to repair the goods, he may request a reasonable discount.
The buyer is entitled to a reasonable discount even if the seller cannot
deliver new goods without defects, replace its part or repair the goods, as
well as if the seller does not arrange a remedy within a reasonable time or if
arranging a remedy would cause significant difficulties for the buyer.
7.10. Other rights and obligations of the parties related to
the seller’s liability for defects may be regulated by the seller’s complaint
procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the
full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by
any codes of conduct in the sense of the provisions of § 1826 par. e) of the
Civil Code.
8.3. Consumer complaints are handled by the seller via the
email address [email protected]. The seller will send information on the
settlement of the buyer’s complaint to the buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority, with its
registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869,
Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court
settlement of consumer disputes arising from the purchase contract. The online
dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to
resolve disputes between the seller and the buyer under a purchase agreement.
8.5. European Consumer Center Czech Republic, with its
registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address:
http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation
(EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013
on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004
and Directive 2009/22 / EC (the Regulation on consumer dispute resolution
online).
8.6. The seller is entitled to sell goods on the basis of a
trade license. Trade licensing is performed within the scope of its competence
by the relevant trade licensing office. The Office for Personal Data Protection
supervises the area of personal data protection. To a limited extent, the
Czech Trade Inspection Authority also supervises compliance with Act No.
634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of
circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Its obligation to provide information to the buyer
within the meaning of Article 13 of Regulation 2016/679 of the European
Parliament and of the Council on the protection of individuals with regard to
the processing of personal data and on the free movement of such data and
repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter
referred to as the “GDPR Regulation”) related to the processing of
personal data of the buyer for the purposes of performance of the purchase
contract, for the purposes of negotiating the purchase contract and for the
purposes of fulfilling public law obligations of the seller.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. In accordance with the provisions of Section 7,
Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services
and on Amendments to Certain Acts (Act on Certain Information Society
Services), as amended, the Buyer agrees to send commercial communications by
the Seller to an electronic address. or telephone number of the buyer. The
seller fulfills its information obligation towards the buyer within the meaning
of Article 13 of the GDPR Regulation related to the processing of the buyer’s
personal data for the purpose of sending commercial communications by means of
a special document.
10.2. The buyer agrees to the storage of so-called cookies
on his computer. If it is possible to make a purchase on the website and
fulfill the seller’s obligations under the purchase contract without storing
so-called cookies on the buyer’s computer, the buyer may revoke the consent
under the previous sentence at any time.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase
contract contains an international (foreign) element, then the parties agree
that the relationship is governed by Czech law. The choice of law under the
previous sentence does not deprive the consumer who is a consumer of the
protection afforded by the provisions of the law which cannot be derogated from
by contract and which would otherwise apply under Article 6 (1) of Regulation
(EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008
on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the Terms and Conditions is or
becomes invalid or ineffective, the invalid provision will be replaced by a
provision whose meaning is as close as possible to the invalid provision. The
invalidity or ineffectiveness of one provision shall not affect the validity of
the other provisions.
11.3. The purchase contract, including business conditions,
is archived by the seller in electronic form and is not accessible.
11.4. The appendix to the business conditions is a sample
form for withdrawal from the purchase contract.
11.5. Seller’s contact details:
delivery address: Cryptown s.r.o., Kaprova 42/14, 110 00, Prague
e-mail address: [email protected]
telephone: +420 735527122.
Written at Brno, 1 January 2021