TERMS & CONDITIONS of Healing Stones Tribena
1. Introductory provisions
1.1. These terms and conditions of Jolana Stephanie Marcondes (referred to as “Tribena Crystals”), Čechova 150, 756 61 Rožnov pod Radhoštěm, Czech republic, registration number: 68346689, registered at the Commercial Register in Rožnov pod Radhoštěm, Sp: ZIV/3640/2017/Ko (hereinafter referred to as “seller”) regulate the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase contract (hereinafter referred to as”purchase contract”) concluded between the seller and the purchaser (hereinafter referred to as “purchaser”), through the online store run by the seller.
1.2. The online store is operated by the seller on the web page located at www.tribenacrystals.com (hereinafter referred to as “e-shop”).
2. User´s account
2.1. Upon registration of the buyer on the website of the e-shop www.tribenacrystals.com, the buyer can access their user´s interface. From the user´s interface the buyer can order goods. The buyer can also order goods without authorization directly from the web interface of the e-shop.
2.2. When registering on the e-shop and ordering goods the buyer is obliged to provide correct and true information. The buyer is obliged to update any required information if it has been changed.
2.3. Every access to each user´s account is secured by an username and a password. The buyer is obliged to maintain the information necessary to access the user´s account confidential.
3. Purchase contract
3.1. The order sent through the e-shop or made by phone or made through e-mail communication is a binding proposal to conclude a purchase contract with the seller. The online offer of the seller is not a proposal to conclude a purchase contract.
3.2. The seller confirms the receipt of the order to the buyer immediately after receiving the proposal by e-mail at the e-mail address of the buyer specified in the user´s account or in the order. Such a confirmation does not conclude a purchase contract. The purchase contract is concluded if the seller sends the goods to the buyer or if the seller explicitly accepts the proposal to conclude a purchase contract via email or by phone.
3.3. The seller has the right to accept a purchase contract only as a part of the order, it means that the buyer can send only a part of the ordered goods if the buyer does not expressly provides in the order note or via e-mail or by phone that they insist on a complete delivery.
3.4. The buyer has the right to cancel the order, i.e. withdraw the proposal on the conclusion of the purchase contract, without any penalty until the day preceding the date of dispatch of the order, unless the order has already been packed. For cancellation the buyer has to notify the seller via email or by phone.
3.5. The buyer has the right to change the order until the day preceding the date of dispatch of the order, unless the order has already been packed.
3.6. The buyer does not have the right to cancel the order or change it if they order goods with any requirement of an adjustment of the goods according to their wishes.
3.7. The buyer agrees to use means of distance communication in the conclusion of the purchase contract. The costs of the means of distance communication in connection with the conclusion of the purchase contract incurred to the buyer (the cost of internet access, telephone costs) are paid by the buyer.
3.8. The buyer agrees with the fact that the image of the product in the e-shop may differ from the illustration of the product they receive. This can happen when a manufacturer changes the illustration of a particular product. If the buyer requires a specific illustration of the product, then this fact can be verified by the buyer before sending the goods.
4. Price and payment
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid to the seller by following ways:
a) cash upon personal collection of goods at the seller’s premises, or
b) credit card, after submitting the order, the buyer will be redirected to the payment gateway, where they enter required data; if the transaction is authorized, the payment will be settled at the moment of initiating the process of sending of the order by the seller not later than seven days after authorization; if the transaction is not authorized, the seller will ask the buyer to make another attempt to pay by credit card or to select another payment method.
4.2. Along with the price of the goods the buyer is obliged to pay the costs associated with packaging, delivery of the goods and the potential costs of the payment transaction at an agreed rate, unless otherwise agreed.
4.3. All prices shall be valid until revoked or until seller´s supply lasts.
4.4. The seller provides various types of discounts. Discounts can not be combined. Terms and conditions for application of discounts are shown as specific information attached to discounts or shown as a link to a website where the discount rules are described in detail. In the event of any interpretation confusion concerning discounts, the interpretation of the seller is valid.
4.5. The seller shows the costs of delivery to the buyer in the “Basket” section in the e-shop before placing an order. At some products the costs of delivery depend on the bulk density and delivery location. The buyer is informed about each such a product.
5.1. A consumer is a natural person who at the conclusion of the contract is not engaged in trade or other business activities, or in an exercise of his profession (hereinafter referred to as “the consumer”).
5.2. If this is not the case under Art. 5.4 or 5.5, or other cases where the consumer can not withdraw from the contract, the consumer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code of the Czech republic the right to withdraw from the contract, within fourteen (14) days from receipt of the goods. In case the purchase consist of several types of goods or several deliveries, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the contract the consumer may contact us at: email@example.com.
5.3. If the consumer withdraws from the contract, the seller shall return without undue delay and no later than 14 days from the date on which the seller receives the withdrawal from the contract, all payments received from the consumer, including the cost of delivery (except for the additional costs incurred as a result of the chosen delivery method, which is different from the least expensive type of standard delivery offered by the seller). For returning the payment the seller uses the same means of payment that the consumer used for the initial transaction. The seller may return the payment no sooner then after receiving of the returned goods. The consumer has to send back the returned goods without undue delay after the withdrawal from the contract. For the address information please contact us at: firstname.lastname@example.org., while the consumer will bear the direct cost of returning the goods. The deadline is preserved if the consumer sends the goods back to the seller before the expiry of the 14 days.
5.4. The consumer cannot withdraw from the contract if the goods have been partially consumed. The consumer can not withdraw from the contract for goods whose nature it excludes, in particular for hygienic reasons (e.g. unpacking of protective coatings to protect the product from contact with the skin). If the goods returned incomplete, damaged or visibly worn, the seller may apply for a compensation up to the amount of the purchase price.
5.5. The consumer acknowledges that pursuant to § 1837 of the Civil Code of the Czech republic, among other things, can not withdraw from the contract for the supply of goods which have been adapted to the wishes of the buyer or their person.
5.6. The buyer who is not a consumer can not withdraw from the contract.
5.7. If a free gift/s is/are delivered together with the goods the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdraw from the contract by the buyer the gift agreement loses its effectiveness and the buyer is required to return the gift along with the goods back to the seller.
5.8. If the buyer withdraws from the contract and the returned goods must be declared back to the Czech Republic, then the buyer pays all the incurred costs of the customs clearance.
6. Transport and delivery
6.1. 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.
6.2. In the event that the goods need to be delivered repeatedly or in any other way than specified in the order because of circumstances on the buyer´s side, the buyer is obliged to pay the costs associated with such a repeated delivery of goods or costs associated with another delivery method.
6.3. In the event that the goods are not delivered because of circumstances on the buyer´s side, the buyer shall pay the costs incurred to the seller.
6.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In the event of a defect parcel the buyer may not accept the parcel from the carrier.
7. Defective performance
7.1. The seller is liable to the buyer that the goods have no defects at the time of receiving of the goods. In particular, the seller is liable to the buyer, at the time when the buyer received the goods, that:
a) the goods have the characteristics, which the parties have agreed, and in case of absence of agreement, the characteristics that the seller or the manufacturer described or the buyer expected with regard to the nature of the goods concerned and its promotion,
b) the goods fit for the purpose for which the seller provides them or for which the goods of the same type are normally used,
c) the quality of goods correspond to a sample or a template, if if they were agreed in accordance with a sample or a template,
d) the goods comply with in quantity, measure or weight and
e) the goods comply with the legal requirements.
7.2. The provisions referred to in the Art. 7.1. do not apply to goods sold at a lower price for a defect for which the lower price was offered, for goods damaged due to its common wear, for used goods for defects caused by use or wear that goods had at the time of receiving by the buyer, or if it appears to be the nature of the goods.
7.3. If the buyer is a consumer, they are entitled to the following guarantee for quality. If the consumer appears a defect within six months from the receipt of goods, it shall be deemed that the goods were already defective upon delivery. The consumer is entitled to exercise the right of defects which occurs in consumer goods during the twenty-four months from the receipt of goods.
7.4. The buyer claims rights of defective performance to the seller at email@example.com. The time of a claim is considered to be the moment when the seller receives the claimed goods from the buyer.
7.5. If the buyer exercises the right of defective performance, the seller confirms in writing the date of exercising of this right, as well as the possible repair and its duration.
7.6. The seller does not give a buyer who is not a consumer guarantee for the quality of the goods, unless expressly agreed between the parties. The seller’s liability for damages in such a case is governed by the Civil Code of Czech republic.
The Privacy Statements is listed on this link
9. Commercial communication
9.1. The buyer may choose whether they are interested in receiving commercial messages and information related to the seller´s goods, services or company to the buyer’s email address.
9.2. The seller may deliver to the buyer to the buyer’s email address.
10. Final provisions
10.1. If the relationship of the purchase contract includes international (foreign) element, the parties agree that the relationship is governed by the Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
10.2. If any provision of these Terms and Conditions is invalid or unenforceable, if it becomes invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a provision whose meaning is as close as possible. The invalidity or unenforceability of one provision shall not affect the validity of the remaining provisions.
10.3. The purchase contract including terms and conditions is archived by the seller in a printed or electronic form.
10.4. The seller’s contact details are following: e-mail address – firstname.lastname@example.org.
10.5. These terms and conditions are written in English language, following the Czech law.
Information about taxes (VAT)
Tribena Crystals products are VAT Free.
12. Electronic registration of sales
Pursuant to the Act on Registration of Sales, the salesperson is obliged to issue a receipt to the buyer. Sales must be registered to the tax authority online; in case of a technical failure this must be done within 48 hours.
13. Deliveries outside EU
The buyer agrees that the seller follows Incoterms – CIP – Carriage and Insurance Paid to.