Allgemeine Geschäftsbedingungen

of Izaak Reich Crystal s.r.o.,
With registered office: no. 95, 686 01 Stare Hute, Czech Republic
Identification number: 09986189
VAT: CZ09986189
e-mail: [email protected]
Account No. CZK: 317161283/0300 (CSOB)
IBAN: CZ86 0300 0000 0003 1716 1283

Account No. EUR: 1017644923/0300 (CSOB)
IBAN: CZ60 0300 0000 0010 1764 4923

SWIFT: CEKOCZPP

for selling goods via the online shop at www.izaakreich.com.

Terms and conditions are valid from 1/6/2024.

1. Introductory Provisions

1.1   These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company Izaak Reich Crystal s.r.o., with its registered office at No. 95, 686 01 Stare Hute, identification number: 09986189, registered in the Commercial Register kept at the Regional Court in Brno C 122003 (hereinafter referred to as "Seller") regulate, following the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on 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 Seller operates the online shop on the internet address www.izaakreich.com (hereinafter referred to as the "Seller's website") through a web interface (hereinafter referred to as the "web interface of the shop").

1.2   The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.izaakreich.com and other related legal relations. Except as expressly provided herein, the provisions of these Terms and Conditions relating to consumers shall not apply where a person intending to purchase goods from the Seller is acting in the course of his or her business when ordering goods.

1.3   Provisions deviating from the terms and conditions may 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 terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech, English, and German, and the purchase agreement may be concluded in Czech, English, and German.

1.5   The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

2.   User account

2.1   based on the Buyer's registration on the Seller's website (hereinafter referred to as "Registration"), the Buyer is informed about newly published products by regular commercial communications, which he can cancel at any time in his user account or by clicking on the relevant link located in each newsletter. The Seller is not obliged to send these commercial communications to all Buyers. In this case, the processing takes place only based on the customer's consent to process his data and send commercial communications, which is entirely voluntary. The protection of the Buyer's data, including the terms and conditions for sending commercial communications, is governed by the Personal Data Handling Policy. The full text of the policy is available here.

2.2   Registration is entirely voluntary and free of charge. Browsing the Seller's website, ordering goods and concluding a purchase contract is also available without registration. Registration is only required when using certain functions of the Seller's website.

2.3.   Registration may only be carried out by persons over 15.

2.4.   To register on the Seller's website, the Buyer must complete a registration form. The fields needed for completion are marked with an asterisk. Upon successful completion of the registration, the Buyer shall log in to his account created on the Seller's website using the username and password he marked during registration. By creating a profile (registration), the Buyer accepts the Terms and Conditions and Privacy Policy of izaakreich.com and is deemed to have read and accepted these Terms and Conditions.

2.5.   Buyers can register on the Seller's website via Google. In these cases, the data necessary to complete the registration form is automatically generated from the data provided on Google. By registering on the Seller's website using Google and pressing the continue button, the Buyer accepts the Terms and Conditions and Privacy Policy of izaakreich.com and is deemed to have read and accepted these Terms and Conditions.

2.6.   Upon registration, the Seller shall establish a user account for the Buyer (hereinafter referred to as the "User Account"). A username and password secure access to the User Account. The Buyer shall keep confidential the information necessary to access his User Account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.

2.7.   When registering and ordering goods, the Buyer must provide all the information correctly and truthfully. The Buyer must update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

2.8.   The Buyer is not entitled to allow third parties to use the user account.

2.9.   The Seller may cancel the user account, especially if the Buyer does not use it for an extended period or breaches his/her obligations under the Purchase Agreement (including these Terms and Conditions).

2.10.   The Buyer acknowledges that the User Account may not be available continuously, in particular, due to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

3.   Conclusion of the purchase contract

3.1.   The web interface of the Shop contains a list of goods offered for sale by the Seller, including the prices of each offered good. The goods' prices include value-added tax and all related charges. The offer for the sale of goods and the prices of such goods shall remain valid for as long as they are displayed in the web interface of the Shop, and the time-limited campaign has remained valid if it was part of such a campaign. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms. All offers for the sale of goods placed on the Shop's web interface are non-binding, and the Seller is not obliged to conclude a purchase contract for these goods. Section 1732(2) of the Civil Code shall not apply.

3.2.   The Shop's web interface also contains information on the costs associated with the packaging and delivery of the goods.

3.3.   To order goods, the Buyer shall fill in the order form on the Shop web interface. The order form contains particular information on:

3.3.1.   ordered goods (the Buyer adds the ordered goods to the electronic shopping cart in the web interface of the store by clicking on the "add to cart" button),

3.3.2.   the costs associated with the delivery of the goods and the details of the desired method of delivery of the ordered goods (the order form allows the choice of the carrier according to the individual preferences of the Buyer),

3.3.3.   The method of payment for the purchase price of the goods (the order form allows the choice of payment method according to the individual preferences of the Buyer).

The information provided by the Buyer in the order form shall together constitute an order (hereinafter referred to as the "Order").

3.4.   Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including concerning the Buyer's ability to detect and correct errors made when entering data into the order. Depending on the chosen payment method, the Buyer sends the order to the Seller by clicking on the "Pay" button) indicating the payment method selected. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or the order (hereinafter referred to as the "Buyer's e-mail address").

3.5.   The Seller is always entitled to ask the Buyer for additional written confirmation of the order depending on its nature (in particular, the quantity of the goods, the amount of the purchase price, and the expected shipping costs).

3.6.   The contractual relationship between the Seller and the Buyer is established by delivering the order acceptance (acceptance), which the Seller sends to the Buyer's e-mail address specified in the order.

3.7.   The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached their obligations to the Seller.

3.8.   The Buyer agrees to use remote communication in concluding the Purchase Contract. The Seller must confirm the agreed purchase contract in text to the Buyer by sending an order confirmation to the Buyer's electronic address. The conclusion of the purchase contract shall only take place upon delivery of the Buyer's consent to the contents of the order and the terms of the purchase contract, thus concluded by sending an e-mail to the Seller's address. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer.

4.   Price of goods and Payment terms

4.1.   The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller according to the methods offered in the Order Form.

4.2.   In addition to the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3.   In the case of payment on delivery, the purchase price is payable upon receipt of the goods.

4.4.   In the case of cashless payment, the purchase price is payable within three days of the conclusion of the purchase contract. The Buyer's obligation to pay the purchase price is fulfilled in case of a non-cash payment when the relevant amount is credited to the Seller's account. The buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment.

4.5.   If the Buyer fails to confirm the order per Article 3.5 of the Terms and Conditions, the Seller is entitled to demand payment of the total purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.6.   Any discounts on the price of the goods the Seller grants to the Buyer cannot be combined.

4.7.   If it is customary in the course of business or if, generally, binding legal regulations stipulate it, the Seller shall issue a tax document - an invoice - to the Buyer regarding payments made based on the Purchase Agreement. The Seller is a payer of value-added tax. The Seller shall issue the tax document - invoice to the Buyer upon delivery of the goods and send it in electronic form to the Buyer's electronic address.

4.8. Under the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer.

5.   Withdrawal from the Purchase Agreement

5.1.   The Buyer-Consumer acknowledges that according to the provisions of Section 1837 of the Civil Code, The Buyer cannot withdraw from the Purchase Contract for delivery, among other things:

5.1.1.   goods manufactured to the Buyer's requirements or adapted to his personal needs,

5.1.2.   goods returned by the Buyer damaged (including original packaging), used or incomplete.

5.2.   Unless it is a case referred to in Article 5.1 or another case where The Buyer cannot withdraw, the Buyer-Consumer shall have the right to withdraw from the purchase contract without giving reasons under the provisions of Section 1829(1) of the Civil Code within fourteen (14) days from the date on which the Buyer-Consumer or a third party designated by him other than the carrier takes delivery of the goods.

5.3.   If the Buyer-Consumer withdraws from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Buyer-Consumer acknowledges that he/she is liable to the Seller for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods or their functionality, including damage to the packaging. If the buyer-consumer has reduced the value of the goods, the seller is entitled to unilaterally set off the claim for reimbursement of the damage to the goods against the buyer's claim for reimbursement of the purchase price.

5.4.   In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall refund the purchase price to the Buyer-Consumer without undue delay, without any delay, by cash to the account designated by the Buyer.

5.5.   If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Consumer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6.   Transport and delivery of goods

6.1.   The Seller shall determine the delivery method of the goods unless otherwise specified in the Purchase Agreement. If the Buyer agrees on the delivery method based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this delivery method.

6.2.   If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods on delivery, the Seller shall be entitled to withdraw from the Purchase Contract.

6.3.   If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated or other delivery of the goods.

6.4.   Upon receipt of the goods from the transportation company, the buyer is obliged to check the integrity of the consignment and, in case of any defects, immediately notify the transportation company. If a packaging breach indicates damage to the shipment's contents or unauthorised intrusion into the consignment, the Buyer may not accept the consignment from the carrier. By accepting the goods, the buyer confirms that the packaging was intact.

6.5.   The Seller's special delivery conditions, if issued by the Seller, may regulate the parties' further rights and obligations in the carriage of the goods.

7.   Rights from defective performance

7.1.   The rights and obligations of the contracting parties about rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2.   The Seller is liable to the Buyer that the goods are free from defects upon receipt, in particular:
7.2.1.   corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics,
7.2.2.   it is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed.

7.3.   The Seller shall be liable to the Buyer that in addition to the agreed characteristics:
7.3.1.   the goods are fit for the purpose for which goods of this kind are normally used, also with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
7.3.2.   the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that the Buyer can reasonably expect, even taking into account public statements made by the seller, in particular by advertising or labelling, unless the seller proves that he was not aware of them or that they could not have influenced the Buyer's decision to purchase,
7.3.3.   the goods are delivered with all the agreed accessories, including the packaging. 

7.4.   The provisions of Article 7.3 of the Terms and Conditions do not apply if the Seller has specifically notified the Buyer before the conclusion of the contract that some of the characteristics of the goods differ and the Buyer has expressly agreed to this when concluding the contract.

7.5.   The provisions set out in Articles 7.2 and 7.3 of the Terms and Conditions shall not apply to the goods sold:
7.5.1.   for a lower price due to a defect for which the lower price was agreed,
7.5.2.   as used for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.

7.6.   The Seller shall not be liable to the Buyer for:
7.6.1.   a defect of which the Buyer was already aware at the time of the conclusion of the contract of sale,
7.6.2.   a defect caused by the Buyer himself, including defects resulting from improper use of the goods or
7.6.3.   a defect caused by normal wear and tear.

7.7.   If a defect becomes apparent within one (1) year of receipt, the goods shall be deemed defective upon receipt unless the character of the goods or the defect precludes this. This period does not run for when the buyer cannot use the goods if he has rightfully pointed out the defect.

7.8.   The buyer may complain of a defect which becomes apparent in the goods within two (2) years of receipt by the buyer or a third party other than the carrier designated by the buyer.

7.9.   The Buyer claims the rights from the defective performance at the address of the Seller's establishment, Izaak Reich Crystal s.r.o., Zikmundov 101, 686 01 Stare Hute, Czech Republic, or by e-mail at [email protected]. If this is possible and does not cause the Buyer significant difficulties, the Buyer is obliged to hand over the goods to the Seller together with the claim, either directly at the place of the claim or by sending them to the address of Izaak Reich Crystal s.r.o., Zikmundov 101, 686 01 Stare Hute.

8.   Quality Guarantee

8.1.   In addition to the Buyer's statutory rights under defective performance, the Seller also provides a warranty of quality for all goods, under which the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a specified period.

8.2.   The warranty period for the Buyer-Consumer shall be twenty-four (24) months unless otherwise stated for individual goods. For a buyer acting during his trade or other business in concluding and performing the contract, the warranty period shall be twelve (12) months.

8.3.   The quality guarantee does not cover goods sold at a lower price because of a defect for which the lower price was agreed upon.

8.4.   The warranty period shall commence upon receipt of the product by the purchaser or a third party designated by the purchaser.

9.   Other rights and obligations of the parties

9.1.   The Buyer acquires ownership of the Goods upon payment of the total purchase price of the Goods.
9.2.   The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

10.   Privacy and sending commercial communications

10.1.   The Personal Data Policy, the current full version of which is available here, governs the protection of the personal data of the Buyer or any other user of the Website, including the terms and conditions for sending commercial communications.

11.   Use of cookies

11.1.   Cookies are used on the Seller's website. The Buyer can find the cookie policy here.

12.   Delivery

12.1.   Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through the postal service provider (at the sender's option). The Buyer's oral communication will be confirmed in writing by the Seller and sent to the Buyer's electronic mail address. Registered users will be delivered to the e-mail address specified in their user account.

13.   Final provisions

13.1.   If the relationship related to the use of the Website or the legal relationship based on the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.

13.2.   The Seller is authorised to sell goods based on a trade licence, and the Seller's activity is not subject to any other authorisation. The competent Trade authority carries out trade control within the scope of its competence.

13.3.   If any provision of the Terms and Conditions becomes invalid or ineffective, the provision shall 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

13.4.   The Seller archives the Purchase Contract, including the Terms and Conditions, in electronic form, making it inaccessible.

These terms and conditions shall come into force on 1/6/2024.