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Sales and Reclamation terms and conditions

1. General

1.1. These Sale and Reclamation terms and conditions ( hereinafter "Terms and Conditions") shall be applicable for all purchases in the Seller’s online shop www.shungite.shopsonline4you.com and Seller’s website www.shungite-anata.com. The Terms and Conditions define and regulate the rights and obligations of the seller, which is ANATA s.r.o.( Praha 1, Staré Město, U Obecního Dvora 802/8, PSČ 11000, IČO 27244156) (hereinafter the "Seller") and of the buyer.

1.2. These Terms and Conditions determine separately the rights and obligations of a buyer who enters into relationship with the Seller as a consumer (hereinafter the "Buyer-Consumer") or as an entrepreneur (hereinafter "Buyer-Entrepreneur"). Further in the text where division between consumers and entrepreneurs is not required, the Consumers and the Entrepreneur are together referred to as "Buyer".

1.3. The contractual relationship between the Seller and the Buyer-Consumer are governed by these Terms and Conditions as set out below and in areas not covered by these Terms and Conditions, by the Civil Code of the Czech Republic № 40/1964 Sb, the law of the Czech Republic on the protection of consumer rights № 634/1992 Sb and other regulations of the Czech Republic, regulating the relationship between sellers and consumers.

1.4. The contractual relationship between the Seller and the Buyer-Entrepreneur are governed by these Terms and Conditions as set out below, and in areas not covered by these Terms and Conditions, by the Commercial Code of the Czech Republic № 513/1991 Sb. and other regulations of the Czech Republic, governing relations between sellers and buyers-entrepreneurs.

2. Definitions

Consumer contract - a contract of sale, contract for services, and if necessary, and other contract where one party to a contract is a consumer, and the other supplier or seller.

The supplier / seller – a person who, in the conclusion and execution of the contract operates as part of its trade or other entrepreneur activities. This is an entrepreneur who supplies the goods or services directly or through other businesses.

The buyer-consumer - a person who, at the conclusion and execution of the contract does not operate under its trade or other entrepreneur activities. This is a natural or legal person who acquires goods or services for another purpose than business.

Buyer-entrepreneur – a person who, in the conclusion and execution of the contract operates as part of its trade or other entrepreneur activities.

Contract of sale - the Buyer makes the request, containing all the necessary conditions for concluding a contract, which is a proposal for concluding a contract of sale (the "Offer"). The contract of sale is concluded at the time of delivery to the buyer the full and unconditional acceptance of the Seller to the proposal to conclude a contract of sale (the "acceptance"). After the contract of sale is concluded, the Seller and the Buyer having mutual rights and obligations.

Reclamation – exercise of the rights by the Buyer, arising from the breach of contract of sale, as well as the rights of the Buyer, arising from the seller's liability for defects.

3. Order placing

3.1. An order can be placed in the online shop (www.shungite.shopsonline4you.com) or via e-mail or by telephone – see the company’s contact details.

3.2. To place an order, the following information shall be provided:

3.3. After placing the order, the buyer will receive an email confirming the order or, if the order cannot be executed the email indicating the reasons that prevent this. If the confirmation of the order contains inconsistencies with the order made, the Buyer shall contact the Seller immediatele (see the contact details).

3.4. The cost for placing an order constitutes the current telecommunications costs.

4. Conclusion of a contract of sale

4.1. An order made by one of the above methods and containing all the necessary requirements for concluding a contract, shall be an offer. The necessary requirements for the conclusion of the contract is all information listed above when order placing.

4.2. After receiving the offer, the Seller can send a full and unconditional acceptance of an offer by email in case he agrees with the proposal to conclude a contract. The contract of contract is concluded and is binding on both parties after delivery of such acceptance.

4.3. After receiving the offer and in case of disagreement with the proposal to conclude a contract of sale, Seller will send an email with an explanation of his disagreement.

4.4. By placing an order the Buyer confirms that he has read and agrees with these Terms and Conditions. The Buyer has the opportunity to read the Terms and Conditions on the site www.shungite-anata.com. Acceptance of the products by the Buyer from the Seller shall be the confirmation of conclusion of a contract of sale in accordance with these Terms and Conditions.

5. Ownership and risk of accidential loss

5.1. Ownership of the products ordered shall pass to the Buyer after full payment for the products and receiving them. Until the full payment for the products is made, the products are the property of the Seller.

5.2. The risk of accidental loss of products shall pass to the buyer after acceptance of the products, even if these products have not been fully paid.

6. Rights and obligations of the Seller

6.1. The Seller shall an order-offer and deliver the ordered products to the address specified by the Buyer. At the time of acceptance of the parcel the Buyer will receive the goods tax document - the invoice. If the manufacturer provides a guarantee on the products, the Buyer will receive the warranty card issued for the products ordered.

6.2. The Seller has the right to refuse to perform the order, if the Buyer repeatedly fails to perform his obligation to take goods and pay the full price for the products.

6.3. The Seller reserves the right to cancel the order in whole or in part in the event, if:

6.4. In this case, the Seller shall immediately contact the Buyer, and to agree with him on further action (replacement of the ordered goods with other goods, refund the price paid for the goods, etc.).

7. Rights and obligations of the Buyer

7.1.The Buyer shall provide to the Seller a correct and full address delivery of the products ordered.

7.2. Buyer shall accept the products ordered and pay the full price for them. The Buyer has been informed on the Seller’s website about the full price at the time of placing the order and before entering into a contract of sale.

7.3. If the price of the products increased in comparison with the original price of the ordered products, the Buyer-Consumer has the right to cancel the contract without any compensation.

7.4. At the time of accepting the products the Buyer-consumer is recommended to control the state of parcel (number of packages, undamaged tapes with the corporate logo of the Seller, damage to the packaging, etc.) and refuse to accept incomplete or damaged parcels. If the parcel is incomplete or damaged, the Buyer-consumer shall immediately inform the Seller about this by telephone. It is further recommended to draw up a protocol of the damage with the carrier and send it via e-mail or fax to the Seller.

7.5. If the Buyer-consumer has taken the steps recommended above, then this will increase the chances of a quick resolution of the claim. Otherwise, the Buyer-consumer can get into a situation where the Seller can prove that the products were shipped without damage and complete. This, however, does not deprive the Buyer-consumer from excersing his rights arising from a contract of sale.

7.6. The Buyer-entrepreneur has a duty to control the parcel in accordance with the above instructions. After the Buyer-entrepreneur accepted the parcel, he has no right for claim to the Seller regarding the damaged or incomplete parcel. After the parcel has been accepted, any issues of damaged or incomple parcel shall be solved with the carrier.

8. Price

8.1. The prices for all products are listed on the site of the Seller in Czech crowns or other currency. At the time of conclusion of a contract of sale the current price is valid which stands on the website at the time of placing a complete order-offer by the Buyer.

8.2. At the request of the Buyer the prices can be converted into another currency at the rate of the Seller’s bank at the time of acceptance of offer.

8.3. The prices for products include all taxes and charges and are final, unless otherwise stated in these Terms and Conditions. The price for delivery of the products goods, the bank charge for accepting money transfer from abroad, and the rates of the Czech Post for providing service “payment on delivery" abroad are not included in the prices and will be invoiced additionally. The delivery fees are listed on www.shungite-anata.com and are displayed at the time of order placing. If the Buyer chooses the carrier itself, the fees of this carrier will be taken into account.

8.4. The Seller reserves the right to change the prices. In the acceptance of the order, the Seller will confirm the valid prices for the products ordered and the delivery costs. If the seller increased the price in the acceptance of the order, the Buyer has the right to cancel the order in respect of the products ordered the price for which has increased.

9. Payment terms

9.1. At the moment the following payment options are possible:

9.2. The Seller reserves the right to change the payment method to the "Bank Transfer" or "Credit cards", if the products ordered require to be additionally ordered for the Buyer.

10. Delivery terms and transport

10.1. The delivery term depends on the quantity and type of the products that have ordered. The delivery will be performed not later than 6 weeks or upon the agreement. The Buyer will always be informed about the exact term of delivery.The exact delivery terms depend on a carrier. The Seller takes no responsibility for a carrier.

10.2. The products ordered will be delivered through the Czech Post. If the Buyer wishes and upon agreement with the Seller, other transporter (PPL, DHL и т.д) can be used, on condition that this transporter can perform the delivery in the required place within required time and the Buyer paid the difference for using such carrier.

10.3. Deliver is possible in any country of the world provided that the Czech Post can perform the delivery in this country.

11. Waiver of the contract

11.1. When a contract of sale is concluded by means of distance communication, ie telephone, fax, email, etc. the Buyer-consumer has the right under § 53 (7) of the Civil Code of the Czech Republic to waive a contract of sale without explanation and without penalty within 14 days of receipt of goods. During this period, the Buyer-consumer must deliver in writing to the Seller its intention to withdraw from the contract in accordance with current applicable legislation, together with the goods. The Buyer-consumer may exercise this right by delivering the products in person to the Seller together with a written intent to exercise this right.

11.2. When exercising this right to waive the contract the products must be returned intact, if possible in their original packaging, with no signs of use, including all accessories, warranty card and instructions. After meeting all of the above requirements by the Buyer, Seller will return to the Buyer-consumer the price paid for the products by bank transfe or by another agreed method, and not later than 30 days from receipt of a written intention to avoid the contract. The consumer has no right to compensation for expenses that were paid by the Seller for delivery of goods to the carrier, bank fees and fees of the Czech post which were paid by the Buyer, as well as the costs of returning the goods including delivery costs, bank fees and the other fees in connection with return of the products and money. In case of damage to goods during the period when they have been at the Buyer-consumer’s disposal, or incomplete set of products, the Seller is entitled to claim of unfounded enrichment against the Buyer-consumer in the sense of § 451 - 459 of the Civil Code of the Czech Republic. The Seller reserves the right to reduce the value of the products by this compensation. This does not affect the right of the Buyer-consumer to avoid the contract without any penalty.

11.3. This right does not serve as a resolution method for the defective goods. The simultaneous use of this right is excluded.

11.4. The Buyer-consumer cannot waive the contract of sale if the price depends on the variances in the financial market, when the products were delivered at the Buyer-consumer’s request, for the goods that are subject to rapid rotten, wear and aging, the purchase of audio and video recordings, computer programs, if the Buyer-customer violates their packaging, and the purchase of newspapers, magazines and periodicals.

12. Conflict with the contract of sale

12.1. If the Buyer recieves the products which do not comply with the contract (the "conflict with the contract of sale"), the Buyer is entitled that the Seller shall bring the goods in compliance with the contract, at its cost and without undue delay, by means at the Buyer’s choice: replacement of the products or repair of the products. If none of these are possible, then the Buyer may request a reasonable discount on the cost of the product or cancel the contract. This provision does not apply if before entering into the contract the Buyer knew about the conflict with the contract of sale or provoked the conflict itself. The conflict with the contract of sale, which comes into force within six months from the date of receipt of the products, shall be considered existing before the receiving the products, unless proven otherwise.

12.2. Conformity with the contract of sale, in particular, means that the products are sold in quality and consumer properties required by the contract, described by the seller, the manufacturer or its agent, or based on an advertisement, of expected quality and consumer properties of the goods of this kind, meets the requirements of the legislation, in the right quantities and in accordance with the objectives which the Seller give for the use of these products or which these products are usually used.

13.Warranty

13.1. The Seller shall properly inform the Buyer of the properties of the products sold, about their use and maintenance. If necessary due to the nature of the products, the seller provides the necessary information in clear written instructions accompanying the products.

13.2. If the warranty card does not provide for a greater period, tge warranty on goods is valid during 24 months. For the Buyer-consumer the warranty period is valid for all consumer goods not less than 24 months. The warranty period for the goods for a period during which the product was in warranty repairs. In the case of exchange of goods on a new or replacement of component parts during the warranty period, the warranty period begins to run anew. The warranty does not cover normal wear of use.

13.3. The warranty period begins from the date of receipt of the products by the Buyer. At the time of accepting the products the Buyer-consumer is recommended to control the state of parcel (number of packages, undamaged tapes with the corporate logo of the Seller, damage to the packaging, etc.) and refuse to accept incomplete or damaged parcels.

13.4. The Buyer-entrepreneur has a duty to control the parcel in accordance with the above instructions. After the Buyer-entrepreneur accepted the parcel, he has no right for claim to the Seller regarding the damaged or incomplete parcel. After the parcel has been accepted, any issues of damaged or incomple parcel shall be solved with the carrier.

13.5. Upon exercise of the warranty right, the Buyer-consumer has the following rights:

а) if the defect can be removed, the right to free, adequate and timely removal of defects, the right to replace defective goods or defective parts, if it is not disproportionate to the basis of the defect. If such a procedure is not possible, the Buyer-consumer is entitled to a reasonable discount on the price of the defective goods or rejection of the contract of sale,

b) if the defect can not be removed, which prevents the proper use of the goods, the right to replace defective goods or rejection of the contract of sale,

с) if the defect can be removed and occurs in large quantities or repeats, which hinders the proper use of goods, the right to replace defective goods or rejection of the contract of sale,

d) in case of other unremovable defects, not requiring replacement of the goods, the right to a reasonable discount on the price of defective goods or rejection of a contract of sale.

13.6. The warranty does not apply to the following cases: mechanical damage to the goods, improper installation, neglect of maintenance or if the goods were damaged as a result of external influences.

14. Reclamation

14.1. The Buyer may make the reclamation by sending the products which are the subject of the reclamation to the Seller or by any other prooer means, except for sending the products which are the subject of the reclamation with payment on delivery (products sent with payment on delivery will not be accepted by the Seller).

14.2. All documents confirming the purchase of the products must be sent together with reclamation and the products being the subject of the reclamation. All products which are the subject of the reclamation must be sent in full set with documentation and packaging. In the case of the second reclamation, Buyer must provide a document on the resolution of the previous reclamations. The buyer is obliged to specify what kind of defect is in question or how the defect appears.

14.3. The reclamation, including the defects, will be resolved without undue delay, not later than 30 calendar days from the date of filing.

14.4. The seller must give to the Buyer-consumer a written confirmation of when the Buyer-consumer exercised his right, the content of the reclamation and required method of resolution of the reclamation, as well as the date and manner of resolution of the reclamation, including confirmation of carrying out repair works and their duration, or the written reasons for denial of the resolution. This obligation also extends to other persons designated to carry out repairs.

15. Personal data protection

15.1. Personal data (including name and address) of clients are stored in accordance with the legislation of the Czech Republic, in particular the Law on Personal Data Protection, № 101/2000 Sb. with subsequent modifications and additions. All data received from clients will be used solely for internal company use and will not be provided to third parties will not be used for promotional purposes. The exception is an external carriers, to whom the personal information of clients is given to the minimum extent necessary for the smooth delivery of goods, the bank or similar companies, which are involved in the processing of orders (for example, if goods are sold on credit or accepting card payment), in the case of claiming payment, other entities performing reclamation of payment for goods received.

15.2. Personal information of clients is fully protected from abuse. The Buyer agrees to the collection and processing of personal data in the database of the Seller after the successful completion of the contract and until a written statement of disagreement with processing of personal data. The Buyer has the right to access personal data and the right to correct them, including other legal rights in such data.

16. Exclusion and limitation of liability

16.1. The Seller excludes any financial, legal or medical liability for the content of the sites www.shungite-anata.com and www.shungite.shopsonline4you.com. Information provided on this site does not constitute medical advice and can not be used for self-diagnosis and treatment. Any questions of medical nature should be discussed directly with a qualified physician.

16.2. All sayings, opinions, statements and other information published on the sites www.shungite-anata.com and www.shungite.shopsonline4you.com, are based on research results, patents and other sources, links to which are given on the pages of the site www.shungite-anata.com.

16.3. Product information provided with delivery of the products ordered, is based on the manufacturer’s statements. All claims in respect of such information should be sent directly to the manufacture of the products.

17. Final provisions

17.1. The current Terms and Conditions are available at the Seller’s website. The Seller has the right to update or change these Terms and Conditions.

17.2. These Terms and Conditions shall come into force as of  17.03.2010 and replace the previous Terms and Conditions.