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General Terms and Conditions

I.
General Terms and Conditions


   Written below are the general Terms of Sale that constitute the rules for the purchase of items from the internet shop www.sword-elgur.com. These Terms and Conditions of sale form the basis of the principal rights and  obligations between the supplier and the customer. The main rights that apply to online shopping are set out in accordance with the laws of the Czech Republic. It should be noted that these Terms and Conditions of sale are applicable to enterpreneurs and consumers. Furthermore, there are also some specific rights to which a consumer is entitled to when they purchase goods or services over the internet (Civil Code No. 40/1964 Coll. and Consumer Protection Act No. 634/1992 Coll).
   The Terms and Conditions are allowed to be negotiated before the contract is finalized and confirmed. The purchaser is required to confirm that they accept the Terms and Conditions before the purchase can be finalised. Entering into a contract that establishes the contractual terms that cannot be changed.


Supplier

   The internet shop Swordmakery ElGur www.sword-elgur.com is open from Monday to Friday 8:00 a.m. - 5:00 p.m. Contact ElGur@sword-elgur.com  All questions will be answered as soon as possible within 3 days, depend on working duties, Facebook included. ElGur is operated by:

  • Jan Motyčka
    • Identification number (ID): 681 98 515
    • Address:  K. H. Borovského 43, Hradec nad Moravicí, 74741, Czech Republic
    • Mobile +420 775 777 733


Definition of the terms
Contract

  • A contract is an agreement entered into voluntarily by the supplier and customer with the intention of creating a legal obligation. Purchase agreements, work agreements or other agreements are contracts in accordance with the civil laws of the Czech Republic. The contract also includes a binding contract concluded electronically via email

Supplier/ seller

  • A party that supplies goods or services

Consumer/ purchaser/ buyer

  • A purchaser is a person or an entity that is a recipient of goods or services provided by a supplier / seller under a purchase order, a purchase agreement or a contract of sale. Also known as the buyer

Purchaser who is not a consumer

  • An enterpreneur who purchases goods or services in order to operate their business activities with these goods or services


II.
Contract Purchase Order


   A purchase order is used to contract a sale from a supplier/ seller to a buyer. A purchase order is the binding confirmation of an order. A supplier/seller party confirms the purchase order via telephone or by e-mail within three days. An invoice will be received with the delivery of the goods.
   A contract purchase order generally includes the name of the order, a purchase order number, a colour, the size of the order, the method of payment (by cash, transfer to a bank account or by payment on delivery, in electronic form included), the method of delivery (Czech post, personal withdrawal), the delivery date and the delivery address. The contract should state the terms of the sale, the items being purchased and the quantities of the items purchased.

Any offer for sale of goods placed in the trade of www.sword-elgur.com are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
   Depending on the nature of the order (quantity of goods, the purchase price, estimated shipping costs), the supplier/seller is entitlet to ask the buyer for additional confirmation (by e-mail or telephone).
   The buyer acknowledges that the products are handmade and each product is unique. Therefore, the supplier/ seller is not able to guarantee that the products will not differ in small details from those  shown in the website catalogue.
   By placing an order the purchaser confirms that he is familiar with these terms and conditions and agrees with them. The purchaser is acquainted with these terms and conditions, which form an integral part of the sales contract, before adequately carrying out any orders.
The contract is concluded in the Czech language. The finalized contract is archived by the supplier/seller to be successfully implemented and is not accessible to non-participating third parties. Information about individual technical steps leading to a contract are clear from these Terms and Conditions where this process is clearly described. The purchaser has an option to check or amend the contract by using visible text before sending the order. These Terms and Conditions are displayed on the shop‘s website at: www.sword-elgur.com , which allows for their later archiving and reproduction by the purchaser.
   The cost of communication means (telephone, internet, etc.) used for the purchase are dependent on the rate of telecommunication services provided to the customer.
   The purchaser acknowledges that the supplier/seller is not obliged to conclude a purchase contract, in particular with persons who have previously violated a purchase agreement including terms and conditions.

 

 


III.
Prices

    
   The contracted price between the seller and the buyer  is the price indicated at the time the buyer sends a binding order. This price will be listed in the binding order sent by e-mail and is always final.
   Apart from the purchase price, the costs of packaging and delivery are paid by the buyer. Unless expressly stated otherwise, the purchase price is associated with the costs of the good‘s delivery.
   The seller is entitled to require an advance payment or the full purchase price via transfer to a bank account before sending the goods to the purchaser.
   Any discounts provided by the seller to the buyer cannot be combined.
   The seller is not subjet to Value Added Tax (VAT). All prices include 21% VAT. Customers in EU do not pay any other VAT. Customer out of EU will pay local VAT or tax.

Terms of payment
In the Czech republic it is possible to pay by bank transfer to account 2600210764/2010, cash on delivery or by personal collection.

Our EUR bank account for Slovakia: 2800450658/8330

Our EUR bank account for customers paing by Euro: IBAN: CZ5720100000002800450658 , SWIFT/BIC: FIOBCZPPXXX

Our bank account for Other countries: IBAN: CZ5720100000002800450658 , SWIFT/BIC: FIOBCZPPXXX

Please keep in mind the fee of paying to Czech republic bank system. It is necessary dealed price has come to our bank acount.

It's better to consult with some bank assistant. Also we have to match some nuances.

  1. In the field "Details of payment" there should be: "Private payment" and nothing else.
  2. Also you should find the field in which there's something like: «...all the fees will pay a transmitter». We will pay fees when we'll get cash and it'll less money if we'll pay other fees as well
  3. Will be better you transfer EURO, if you are of EU

 



IV.
Terms of delivery


Personal collection
   The customer can collect the ordered goods in person.
   In the case of payment upon personal collection, this product will be reserved for 1 week from the receipt of an order.
   In the case of transfer payment the goods will be ready for a personal collection for 1 month and after this period will be charged a storage cost of 100,- CZK per month per each following order there after.

Shipping by mail or by Czech PPL
   Stocked goods are shipped within 5 working days after their order. The Czech Post Office delivers the majority of shipments in two or three days in CR and 14-30 days to other countries.

   Shippingand packing costs (per sword) are EUR 20 in CR, to other coutries EU 40 EUR 80 to USA). Realization by Czech Post Office . Packing price is due to polystyrene foam box od weight wood box.

   The delivery of goods is determined by the seller, unless the purchase contract provides otherwise. In case the purchaser requests other means of transport, the purchaser bears the risk and additional costs associated with this mode of transport.
The seller is obliged to deliver the goods to the place designated in the order, the buyer is obliged to accept the goods on delivery. If the buyer does not collect the goods on delivery, the seller is entitled to charge a staorage charge of 4,- EUR for every following month (in word: four Euro).
   In case the buyer does not collect the delivery repeatedly (a maximum of three times), the seller is entitled to demand a cancellation fee and is entitled to withdraw from the purchase contract.
   In the event that the goods are delivered repeatedly or in another way other than stated in the order, the buyer shall pay the costs connected with the repeated delivery of goods, respectively costs connected with the other means of delivery.
When receiving goods from the carrier the buyer is obliged to check the integrity of the package and incase of any defects immediately notify the carrier. In the event of any unauthorized intrusion into the shipment of the consignment the buyer may refuse to collect the delivery. By signing the delivery note the buyer confirms that the shipment of goods satisfy all of the Terms and Conditions and any subsequent complaints about the violation of the packaging of the consignment can not be disregarded.
   Other rights and obligations of the parties in the transport of goods delivery and their conditions may be altered by the seller.
The goods ordered have delivery dates always arranged in advance and these dates are only approximate. The seller accepts no responsibility for the late delivery of goods and the buyer should be aware of this. Buyer will not in this case to act against the good name of the supplier.

 

 


V.
Cancellation of an order


   Sent and confirmed orders can be cancelled by phone or e-mail (please forward us your order confirmation with the following text: CANCEL). We do not charge cancellation fees, unless the shipment of goods or the commencement of production has not been started. In such a case, a cancellation fee for the costs associated with that order, i.e. for the material and work done on the contract (up to the amount of advance payments of the goods ordered).

 

 


VI.
Contract withdrawal


   It is the legal right of the customer to withdraw from the contract within 14 days of the receipt of the goods. During the 14 day period, the buyer delivers the consumer transaction to the seller in which the current legislation in force expresses the intention to withdraw from the contract.
   If the buyer breaches any obligation from the preceding sentence, the seller is entitled to a contractual penalty of CZK 100 (in words: one hundred Czech crowns) for each day in a delay of up to the amount of the purchase price of the goods. This provision is without prejudice to any claim for damages resulting from a breach of the obligations covered by a penalty, even if the damage exceeds the penalty.

   In the case of a decision to withdraw from the contract with us, please, inform us in writing or by phone and abide by the following steps:
- Returned goods must be complete
- Goods must not be violated or impaired
- Sales receipt issued by us, its copy or order number must be attached       
- Provide your bank account number
- In order to improve our services write the reason for returning the good

 

   The consumer cannot withdraw from the contract for the purchase of goods whose price depends on fluctuations within the financial market, when buying goods that have been modified as desired by the consumer purchaser, and if the purchase of goods is subjected to rapid deterioration, wear and tear.
   Upon receipt of your letter, we will contact you and try to fulfil your requirements.
   Within 10 days of returning the goods by the buyer under the terms and conditions, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed. In the event of cancellation of the contract or other agreement the money will be refunded to your account within 14 days (for countries outside the Czech Republic depending on the conditions laid down by other banks).
   If the returned goods are damaged, worn or partially consumed (the buyer acknowledges his responsibility) the seller is entitled to claim for damages. The seller may incorporate a claim for damages against the buyer's claim for the refund of the purchase price. Similarly, the claim for a penalty under the terms and conditions, the seller is entitled to unilaterally set off a claim against the buyer´s claim for the purchase price refund.
Transportation costs for refunded goods shall be covered by the customer.

 

Notice:
   According to § 457 and § 458 paragraph 1 of the Civil Code, each of the cancelled purchase agreement parties is required to return what was given to them from the other party. If this is not possible (the part of a contract where the performance or the goods were damaged), cash compensation must be provided.

 

 


VII.
Complaints procedure and warranty policy


   The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller, shall be governed by generally binding regulations (particularly by the provisions of §612 et seq. Civil Code).
   The seller is responsible for selling the object that is in compliance with the contract and that is free from defects. The purchase agreement means that the goods have the quality and properties required by the contract, the seller, manufacturer and its representative, and meet the requirements of the legislation in the appropriate quantity and measure.
   The customer receives the goods and instructions on how to treat the product, which must be followed. The customer takes into account that improper care can damage the product.
   The warranty period starts on the receipt of the goods. The warranty for consumer products is 24 months. A new warranty period shall begin in the case that the goods are exchanged for new ones.

 

The consumer has the following rights when applying warranty:
   In the case of a removable defect, the right to free, fair and timely removal of defects, replacement of the defective goods or defective parts unless the nature of the defects is disproportionate. If such a procedure is not possible, the customer has the right to an adequate discount on the purchase price or can withdraw from the contract.
   In the case of a irremovable defect preventing proper use of the goods, the customer has the right to ask for the replacement of the defective goods or to withdraw from the contract. The same rights belong to the consumer in the case the defects can be corrected, however, the buyer can not use the goods properly even after the repair, for a greater number of defects or for the re-occurrence of the defect.
   As a defect re-occurrence is considered the same as a defect preventing proper use, which was under the warranty removed at least twice and occurs again. The higher number of defects means that the goods have at least three defects preventing its proper use at the same time.
If a consumer does not require an exchange of the goods in spite of other irremovable defects, the consumer has the right to ask for a discount on the purchase price or withdraw from the contract.
   Before sending the goods regarding the complaint, please inform us immediately by telephone and in writing. Your claim will be analyzed and solved individually. Then you will be issued a written confirmation that the complaint was raised. You will be informed about its content, required method of handling the claim, further confirmation of the date and a method of settling the claim, including confirmation of repair and its duration or the refusal of a written complaint.
   The rights of the buyer result from the liability of the seller for defects, including the warranty liability of the seller. The buyer´s rights can be submitted to the seller on the phone and at the address: Na dolním poli 2166/10, Opava, 746 01, Czech republic.
   We make a decision regarding the complaint within 3 working days. This period shall not include time needed for a professional assessment of the product or service defect. The complaint including the defects removal will be carried out within 30 days since the time claim was made. After this expiration period the consumer has the same rights as if it was a defect that can not be removed.
   In the case of a justified complaint the customer is entitled to the reimbursement of the costs associated with the complaint (particularly the postage paid when the goods were sent under that complaint). In case of withdrawal due to defective goods, the consumer is also entitled to reimbursement. The cost of the goods transportation to the customer after the settlement of a claim is paid by the supplier.
   The invoice you receive with the goods serves also as a warranty.

Information on the possibilities of conflict within the contract under the § 616 of the Civil Code.
   The seller (www.sword-elgur.com) has a responsibility to the buyer that the goods being sold are receieved by the buyer in accordance with the contract and free from any defects. Unless otherwise provided by the law, the accordance with the contract is understood and that the object sold has the quality and properties required by the contract. The seller, the manufacturer or its representative expect the quality and properties on the basis of advertisement, requirements for this kind of goods in the appropriate quantity, degree or equivalent weight and purpose it has in the legislation. The buyer has the right to ask for the presentation of the goods or services. In case the goods on receipt are not in accordance with the contract, the buyer has the right to ask the seller for their repair or to exchange the product free of charge and without undue delay. If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew about the conflict or he caused it himself.
   A conflict with the contract that takes into effect within six months from the receipt of the goods is considered to have been inconsistent at the time of the good‘s receipt, if it is not against the nature of the object or proven otherwise.

 

 


VIII.
Other rights and obligations of the contracted parties


   The buyer takes ownership of the goods by paying the full purchase price of the goods.
   The buyer acknowledges that the software and other content (including photopraphs of the goods offered) of the web domain www.sword-elgur.com are protected by copyright. The buyer agrees not to engage in any activities that would allow a third party to interfere improperly by using the software or any other content of the web-based business.
   The buyer is not entitled while using the web interface to use trade mechanisms, software or other activities that could adversely affect the operation of the web domain business www.sword-elgur.com. The web interface can be used only to the extent of the trade that is not at the expense of the rights of the seller and other customers and is consistent with its purpose.
   The seller is not bound in the relation to the purchaser by the codes of conduct from § 53 paragraph 1 of the Civil Code.
The buyer acknowledges that the seller is not responsible for errors arising from the interference of  a third party on a web page or as a result of the use of web pages in ways that they were not intended.

 



IV.
The protection of personal data

   The protection of the purchaser's personal data (who is an individual) is provided by Act No. 101/2000 and 480/2004 Coll., about the privacy of personal information. As amended, the personal data of customers is fully protected against misuse.
   Buyers agree to the processing of their personal data: name, address, identification number, tax identification number, email address and telephone number.
   Buyers agree to the processing of personal data by the seller, for the purpose of the realization of the rights and obligations under the contract and for the purposes of sending commercial messages and information to the seller.
   Buyers acknowledge that they are obligaed to place their personal information correctly and truthfully (when filling out orders) and to inform the seller of a change in their personal data.
   For the processing of personal data a third person can be appointed. In addition to transporting goods, the third party is not given personal information without the prior consent of the buyer.
   Personal data will be processed for an indefinite period.
   Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
   The buyer confirms that the personal data provided is accurate and was provided voluntarily. The buyer claims he was instructed that the consent to the processing of personal data can be withdrawn by written notice sent to the address of the seller.
   In the event that the buyer thinks the seller or the processor executes the processing of personal data inappropriatley in relation to the protection of the private life of the buyer or against the law, especially if personal data is inaccurate for the purpose of their processing, the buyer can:
- Ask the seller or the manufacturer for an explanation.
- Request the seller or the manufacturer to correct such a situation. In particular, it may be a blocking, correction, supplementing or liquidation of personal data. If the buyer´s request is found justified under the preceding sentence, the seller or the processor will remove the obstacle. If the seller or the processor fails to grant the application, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the buyer's permission to take its impetus directly to the office for Personal Data Protection.
   If the buyers ask for information about the processing of their personal data, the seller must provide this information. The seller has the right for this information under the preceding sentence and to require reasonble compensation not exceeding the cost of providing the necessary information.
   The buyer agrees to receive the information (related to goods, services or the company) sent to their email address and to receive commercial communications.

 


X.
Final constitution


   The recipient is responsible for the payment of taxes according to the laws of their country.
   Please contact the relavant administrative authorities for the payment of all charges stemming from the store. Taxes and fees relate to the CR and EU laws.
   Being a customer of ElGur (Jan Motyčka), you certify thatyou are under no restrictions of law that may prohibit or restrict yourpossession of edged weapons. It is the responsibility of the buyer, not  ElGur (Jan Motyčka), to ascertain, and obey,all applicable local, state, federal and international laws in regard to thepossession, and use, of any item purchased from ElGur (Jan Motyčka). Youagree to indemnify and hold harmless either the company, its owners, investors,board members, and staff against any and all claims, demands, actions, orproceedings, resulting in injury, death or damages, losses, and/or liabilities,costs and expenses, including attorney fees, relating to or arising out of anyclaim asserted by you against the aforementioned companies.
   Please mind the copyof your sword collectors permit, before we send the sword to you, if you arefrom Denmark.
   Orders outside these countries are not subjected to the laws of the CR or the EU, but may be related to charges in a country to which the order is exported.
   If a relationship associated with the use of the websites or the legal 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 the generally binding legal regulations. The seller is entitled to sell goods under a trade licence. The business inspection is carried out by the Licensing Authority.
   If any provision of the Terms and Conditions is invalid or ineffective, or will become such, a new provision, the meaning of which most closely approximates the invalid one will take place instead. The effect of the other provisions is not by any means touched by the invalidity or ineffectiveness of one such provision.

   Amendments and supplements to the purchase agreement or Terms and Conditions require a written form. The purchase contract including Terms and Conditions is archived in electronic and physical form and is not accessible.

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