Terms and Conditions
The Terms and Conditions are issued by EMS Gold Investments, s.r.o., With its registered office at Bratří Čapků 1851/24, Vinohrady, 101 00 Prague 10, IČ 27598781, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 117939, as the seller.
These terms and conditions are part of the concluded purchase agreement and govern the relations between EMS Gold Investments, s.r.o., As the seller, on the one hand, and the buyer, on the other.
The consumer buyer or only the buyer is a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the purchase contract.
A non-consumer buyer is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a purchase contract and who purchases products or uses services for the purpose of his business with these products or services.
EMS Gold Investments, s.r.o. trades at world market prices. Prices are updated automatically according to the development of current prices of gold, silver, platinum and palladium, especially according to the development of prices on the London and International Stock Exchange with these commodities.
Ordering and concluding a purchase contract
- Orders placed through the online store www.zlato-eu.cz are binding, even in the case of partial fulfillment of the order by the seller. By sending the order, the buyer confirms that he has read and agrees to these terms and conditions.
- The buyer can order goods from the seller as follows:
- fills in the electronic order on the seller's website at www.zlato-eu.cz and sends it
- or send the order by fax, email, or in writing
- or make an order in person at the seller
- If the buyer is a consumer, the proposal to conclude a purchase contract is to place the goods offered by the seller on the site. The purchase contract is created by sending the order by the buyer to the consumer and acceptance of the order by the seller. The seller will confirm this acceptance to the buyer by e-mail, but this confirmation does not affect the creation of the contract. The resulting contract, including the price, may be changed or canceled for legal reasons or by agreement of the parties. best replica watches
- If the buyer is not a consumer, the proposal for concluding the purchase contract is a sent order for the purchase of goods by the buyer and the purchase contract itself is concluded by sending the binding consent of the seller to the buyer with his proposal.
- The place of delivery of goods is the address given by the buyer in the registration form created when sending the order.
- Information on the individual steps leading to the conclusion of the contract can be seen from these terms and conditions. The buyer has the opportunity to check the order before sending it and possibly cancel or correct it.
Purchase of products during business hours - for orders for investment metals created during fixing hours (ie on weekdays from 8:30 to 16:30, except public holidays in Western Europe) will be fixed at the time of sending the order. The amount of the order is not limited in any way, ie you can create an order in any amount.
Purchase of products outside operating hours - the price will be set (fixed) at 9:00 am CET on the first trading day following the order, regardless of whether the price of individual investment products will be the same, increase or decrease.
If in the above cases (during the fixing hours and outside the fixing hours) you require fixation on your instruction, please state this in the order note.
Purchase options, price of goods
1. Retail purchase of investment metals: purchase of investment gold, silver, platinum, palladium ingots and coins through a retail e-shop published at www.zlato-eu.cz, for the price stated on the card of individual products. The selling price is stated in CZK and EUR. Prices are valid at the time of ordering, ie including VAT and premium. This service is not limited to the amount of the order, unless otherwise stated on the card of individual products.
2. Limit purchase - traders: purchase of investment gold, silver, platinum, palladium ingots and coins through a retail e-shop published at www.zlato-eu.cz, at the future price, ie at the price determined by the buyer himself according to the expected price development. The moment the current selling price of individual investment products reaches the limit specified by the buyer, the order becomes binding and the buyer is informed of this fact by e-mail. This service is limited to a total order amount of CZK 500,000, unless otherwise stated on the card of individual products. To do this, the client uses the "Traders" service, which is located in the main menu at www.zlato-eu.cz
3. Fixing purchase: purchase of investment gold, silver, platinum, palladium ingots and coins through a retail e-shop published at www.zlato-eu.cz. The buyer gives the seller a telephone order to fix the price of the product (purchase) according to the current offer in time. This purchase is preceded by sending the buyer's order to the seller with the note "Fixing purchase". The price in the order is not final. The final price is fixed when the buyer gives the order. This service is limited to the order amount of CZK 500,000.
1. Bank transfer or deposit to the seller's account.
Payments can be made in Czech crowns or in EUR. Account number for payment by bank transfer or deposit:
ČÍSLO ÚČTU: 5516253001/5500 - account no. is for the CZK and EUR payments
for other metals and gift boxes:
ČÍSLO ÚČTU: 445566066/5500 - account no. is for the CZK and EUR payments
When paying by bank transfer or deposit, the buyer undertakes to pay the total price of the ordered product by the due date stated on the sent invoice, ie within two days of sending the invoice. The invoice is sent to the buyer by e-mail. In accordance with Act No. 254/2001 Coll., On the limitation of cash payments, the buyer, whose payment amount exceeds the amount of EUR 10,000, is obliged to make the payment non-cash.
2. By online bank transfer (QR payment, Bank transfer, Deferred payment). The payment method can be chosen during the order process. Please note that the payment method cannot be changed after the order process is complete. This service is charged by the provider. The fee is paid by the buyer. The price of the goods is increased by this fee. You can pay online by bank transfer at Czech banks in CZK. Payment is completely secure.
At the time of purchase outside working hours for goods that are not marked - "Price fixation: immediate.......... Purchase option: Nonstop 24 hours a day, 7 days a week", the final price will be fixed on the next working day. For this reason, an overpayment or an underpayment may occur. This will be reflected in the invoice we will send you.
3. Payment can also be made in cash, while the payment amount does not exceed EUR 10,000. Cash payment must be arranged by phone with the seller. The request for cash payment (upon agreement with the seller) will be indicated by the buyer in the order. The goods are subsequently delivered to the buyer in accordance with their availability (see below - Availability of goods).
4. If the seller does not receive payment from the buyer to his account within the due date, the order will be kept as a claim against the buyer, while the seller's right to compensation for the damage incurred is not affected. The resulting damage will be duly invoiced to the buyer. The seller has the right to set off mutual obligations and claims between the seller and the buyer. If there is no mutual agreement between the seller and the buyer, the dispute will be resolved in accordance with the legal system of the Czech Republic.
The availability of goods is recorded directly on the card of individual products on the website www.zlato-eu.cz. The meaning of the notation is as follows:
- In stock: the ordered goods are stored in safety vaults with limited availability (ie the goods must be removed from storage).
- For immediate collection: the buyer buys the goods directly from the seller, while the goods are for immediate collection. The buyer writes the request "For immediate collection" in the order and determines the date and time of the purchase (when he arrives at the seller). The seller guarantees the buyer the availability of the ordered goods, but for a maximum of 24 hours.
- Extended delivery date: the ordered goods are ready for distribution from foundries to safety vaults with limited availability. This situation can occur when there is an excessive increase in demand for a certain type of product.
- To order: the goods must be ordered. The buyer will receive an order confirmation immediately after its processing, but no later than 3 hours. By this time, the order will be processed in full or in part, in rare cases it may be rejected.
- Availability limited: the goods are currently out of stock or within reach of the seller's business partners. Availability is limited mainly by the market offer. In such a case, the seller takes steps to obtain the goods for the buyer at current market prices, unless the buyer stipulates otherwise. After obtaining the required goods by the seller, the order is settled.
- On request: the buyer sends the order with the seller informing him if the required goods are currently available. If so, the seller will issue an invoice to the buyer. If not, the seller will not issue an invoice to the buyer and the order is canceled.
- Available = Available at the supplier: the goods are available from a foreign supplier and can be stored at the branch for 5 - 14 business days
For some products, there may be a duplication of entries on the product card and thus various forms of purchase, such as "In stock, available". In this case, the form of purchase is determined by the buyer in the order note. The buyer has the option to buy the product directly from the seller (for immediate collection) and proceeds according to the above instructions, or proceeds in the form of a standard order (in stock).
Terms of delivery
- The carrier usually transports the removed goods once a week. The delivery time of the goods is set within 7 working days for the consumer buyer and within 10 working days for the buyer who is not a consumer from the date of crediting the payment to the seller's account. In exceptional cases (eg increased demand) the delivery date may be extended. However, the buyer is informed of this fact by e-mail.
- Upon personal collection of the ordered product by the buyer, the date and time of collection is agreed in advance individually in accordance with the provisions of point 1 of the delivery conditions.
- In the event that the buyer does not receive the shipment with the goods, the dispatch of which was notified to him, or the shipment is incomplete or damaged (in which case he refuses to accept the shipment), he is obliged to immediately inform the seller of this fact in writing or by e-mail to firstname.lastname@example.org.
1) Personal collection at the seller's address Bratří Čapků 1851/24, 101 00 Praha 10 - Vinohrady.
2) Via the Czech Post in the form of a valuable letter or a valuable package.
Postage within the Czech Republic for orders from 3,000 CZK (inclusive) to 1 million CZK (inclusive) is free.
The shipment is always insured in the full purchase price.
Order cancellation, withdrawal from the contract
EMS Gold Investments, s.r.o. offers only goods whose price depends on the fluctuations of the financial market, regardless of the will of the seller.
In the case of Investment Products, after the price is fixed in accordance with the provisions of § 1837, letter b) of the Civil Code, the withdrawal of the buyer, who is a consumer, is excluded according to § 1829 of the Civil Code financial market fluctuations, regardless of the will of the entrepreneur and which may occur during the withdrawal period).Furthermore, after fixing the price, the withdrawal of the buyer, who is a consumer, is excluded according to § 1847, letter a) of the Civil Code (the consumer has no right to withdraw under § 1846 if the price of financial services depends on movements in financial market prices, which the entrepreneur cannot influence, such as services related to foreign exchange values and investment instruments).,
If the buyer is an entrepreneur, withdrawal is permissible only for reasons stated in the Civil Code, especially in the provisions of § 2106 et seq.
The seller undertakes to repurchase all goods sold by him and guarantees the repurchase of any quantity of goods sold to them in undamaged condition and of appropriate quality. In the event of a breach of the packaging of the goods or other damage to the delivered goods, the trader may refuse the goods for repurchase or reduce its purchase price. The redemption price will be determined individually or will be stated on the card of individual products at www.zlato-eu.cz.
Those interested in purchasing the goods will deliver the products in person or through a delivery company to the company's registered office.
The seller undertakes to repurchase the goods sold to them in undamaged condition and of appropriate quality. The redemption price is determined
Complaints procedure, conflict with the purchase contract
In the event that the purchased product is not in accordance with the purchase contract and the entry on the product card upon receipt by the buyer, the buyer consumer has the right to have the seller return to the condition corresponding to the purchase contract free of charge and without undue delay, according to the buyer's request consumer by either replacing the product or repairing it. If such a procedure is not possible, the purchasing consumer may request a reasonable discount on the product or withdraw from the contract. This does not apply if the buyer, the consumer, knew of the deficiency or caused it himself before taking over the product. The seller carefully inspects every single piece of investment product during shipment and redemption, however, due to currency trading, some products may not have the quality of the first product and will show signs of normal wear and tear, especially in the case of previously minted coins.
Complaints and its application
In the event that a defect occurs during the warranty period, the buyer has, depending on the nature of this defect, the following rights when applying the warranty:
- in the case of a remediable defect, the right to rectify the defect free of charge, proper and timely, the right to exchange defective goods, if this is not disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount or withdraw from the purchase agreement
- in the case of an irremediable defect preventing the proper use of the goods, the right to exchange defective goods or the right to withdraw from the purchase contract
- in the case of remediable defects occurring in large numbers or repeatedly and preventing the proper use of the goods, the right to exchange defective goods or withdrawal from the purchase contract
- in the case of irreparable defects that do not prevent the proper use of the thing and does not require the exchange of the thing, the right to a reasonable discount on the purchase price or withdrawal from the purchase contract
The buyer is obliged to inspect the delivered goods and inform the seller without undue delay about the detected defects. The buyer can report a justified complaint in one of the following ways:
- to the operator's e-mail address email@example.com
- by post to EMS Gold Investments, s.r.o., Bratří Čapků 1851/24, 101 00 Praha 10 - Vinohrady
- by phone at no.: +420 220 875 967
and subsequently send or deliver the claimed goods, if possible in the original packaging or suitable transport packaging, with a detailed description of the defect, with the order number and a copy of the sales document to the address of the operator's complaints department EMS Gold Investments, s.r.o., Bratří Čapků 1851/24, 101 00 Praha 10 - Vinohrady.Complaints, including defects, will be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree otherwise. If the deadline for handling the complaint is not met, the consumer has the right to exchange the goods or to withdraw from the contract.
The complaint protocol is sent to the customer by email or post within 3 days of receipt of the complaint (claimed goods). In the case of a justified complaint, the consumer has the right to reimbursement of costs associated with the complaint. In the event of an unjustified complaint, the seller is obliged to provide a written justification for this refusal and at the same time the consumer is not entitled to reimbursement of its costs associated with settling the complaint and at the same time the seller is not entitled to reimbursement of costs incurred on his part.
Conflict with the purchase contract means, in particular, that the item sold does not have the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for the item. regulations, is not in the appropriate quantity, measure or weight and does not correspond to the purpose which the seller states for the use of the thing or for which the thing is usually used.Produkty nabízené prodávajícím obsahují některé z níže popsaných parametrů a jsou popsány na kartě produktu:
- Security element - yes / no - the investment product contains or does not contain a security element. In the case of ingots, a special marking of ingots with a laser symbol of the Kinegramm type is considered a security element; in the case of coins and medals, the hallmark ev. other security featuresDruh ? určení o jaký druh produktu jde, například investiční zlatý slitek, stříbrná investiční mince apod.
- Certificate - yes / no - a written certificate is or is not attached to the investment product
- Net weight - the exact weight of the pure metal given in grams
- Gross weight - the exact total weight of the product
- Good Delivery - yes / no - indication of whether the investment product meets the Good Delivery standard
- Kinegramm ? an indication of whether the product has a security feature Kinegramm
- Nominal value - stated for coins, it is a matter of determining the denomination of the coin as currency in a given currency
- Year of issue - the year when the product was stamped, possibly when it was first issued
- Purity - the total purity of the investment product given in thousands, eg 999.9 / 1000
- Packed - a brief description of how the product is packaged (this is not a shipping package)
- Collector's value - yes / no - indication of whether or not the product also has collector's value
- Preservation - marking whether the product is new (new mintage), worn, from purchase or circulation. Indicates product quality.
- Country of origin - designation of the country (issuer)
A warranty period of 24 months is provided for all goods. The warranty does not apply in the following cases:
- the goods have been damaged by improper or unprofessional handling
- the goods were damaged by the natural elements
- the goods were damaged by normal wear and tear and were marked in the product parameters on the detailed card as purchase, currency or original embossing
The warranty period begins when the goods are taken over by the customer, and this is possibly further extended by the time for which the goods were under warranty repair. If the goods are exchanged, a new warranty of 24 months begins to run.
Protection of personal data
All personal data is confidential, will only be used for internal purposes and will not be disclosed, provided to a third party or misused in any way. Personal information is collected for business, logistical, statistical and marketing reasons.
Customer information is stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful fulfillment of the contract, until his written disagreement with this processing. The buyer has the right to access their personal data, the right to correct them, including other legal rights to this data. Personal data can be deleted from our database based on a written request from the customer. Personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. Exceptions are external carriers to which personal data of customers are transferred to the minimum extent necessary for the delivery of goods. Individual contracts are archived by the seller after their conclusion, in electronic form and are accessible only to the seller. The seller reserves the right to change or supplement the terms and conditions.
These terms and conditions are valid as stated on the seller's website, on the day the electronic order is sent by the buyer.These Terms and Conditions and the Complaints Procedure take effect on 01. 01. 2019. Changes to the Terms and Conditions and the Complaints Procedure are reserved.