GENERAL TERMS AND CONDITIONS
and
PRIVACY POLICY
issued
by the company
Collechio a.s.
with registered office at Vojtěšská 211/6, Nové Město, 110 00 Prague 1, Czech Republic identification number: 088 30 789 registered in the Commercial Register of the Municipal Court in Prague, Section B, Insert 25043 for providing services and sale of goods through the on-line environment located at the www.tanzaniter.com
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Collechio a.s., a company with registered office at Vojtěšská 211/6, Nové Město, 110 00 Prague 1, Czech Republic, identification number: 088 30 789, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 25043 (hereinafter referred to as "Provider") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract (hereinafter referred to as the "Contract") concluded between the Provider and another person (hereinafter referred to as the "Interested Party") through the Provider's internet environment. The online environment is operated by the Provider on the website located at www.tanzaniter.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface").
1.2. Provisions deviating from the Terms and Conditions may be agreed in a separate contract. Deviating provisions in the Contract take precedence over the provisions of the Terms and Conditions.
1.3. The provisions of the Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in Czech and English. The Contract may be concluded in Czech or English.
1.4. The Provider 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.
1.5. In relation to the project "Tanzaniter, Tanzanite Hunters - Game" (TTH -G), the Terms and Conditions are amended and supplemented by the Special Terms and Conditions (STC TTH - G) of the operator of the ecosystem specified in the STC TTH -G, whereby the STC TTH -G form part of these general Terms and Conditions.
2. USER ACCOUNT
2.1. Following the registration of the Interested Party on the Website, the Interested Party can access his/her user interface. From his/her user interface, the Interested Party may order services and goods (hereinafter referred to as "User Account"). If the Web Interface allows it, the Interested Party may also order services and goods directly from the Provider's Web Interface without registration.
2.2. When registering on the Website and when ordering services and goods, the Interested Party is obliged to provide all the information correctly and truthfully. The Interested Party is obliged to update the information provided in the User Account whenever it changes. The data provided by the Interested Party in the User Account and when ordering services and goods are considered correct by the Provider.
2.3. Access to the User Account is secured by a user name and password. The Interested Party is obliged to maintain the confidentiality of the information necessary to access his/her User Account.
2.4. The Interested Party is not entitled to allow third parties to use the User Account.
2.5. The Provider may block the User Account, in particular in the event that the Interested Party breaches its obligations under the Contract (including the Terms and Conditions).
2.6. The Interested Party acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Provider, or the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE CONTRACT
3.1. All presentation of services and goods on the Provider's Web Interface is for informational purposes only and the Provider is not obliged to enter into a Contract with respect to such services and goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The Provider's Web Interface contains information about services and goods, including the prices of the individual services and goods. The prices of services and goods are shown exclusive of value added tax (VAT) and related charges. The prices of services and goods remain valid for as long as they are displayed on the Provider's Web Interface. The prices of services and goods are adapted to the person of the Interested Party on the basis of automated decision-making. This provision does not limit the Provider's ability to conclude a Contract on individually agreed terms.
3.3. The Provider's Web Interface shall also contain information on the costs associated with the dispatch and delivery of services and goods and on the method and time of delivery of services and goods.
3.4. To order the services and goods, the Interested Party shall fill in the relevant form in the Provider's Web Interface. The form shall contain in particular information on:
3.4.1. the services and goods to be ordered (the services and goods to be ordered shall be obtained by the Interested Party through an intuitive procedure within the Provider's Web Interface),
3.4.2. the method of payment of the price of the services and goods, details of the required method of delivery of the ordered services and goods,
3.4.3. information on the costs associated with the delivery of the services and goods (hereinafter collectively referred to as the "Order").
3.5. Prior to sending the Order to the Provider, the Interested Party shall be allowed to check and change the input data entered by the Interested Party in the Order, including with regard to the Interested Party's ability to detect and correct errors arising during the data entry into the Order. The Order is sent to the Provider by clicking on the "ORDER and PAY" button. The information provided in the Order is considered correct by the Provider. Immediately after receipt of the Order, the Provider shall confirm receipt of the Order to the Interested Party by e-mail to the e-mail address of the Interested Party indicated in the User Account or in the Order (hereinafter referred to as the "Interested Party's E-mail Address").
3.6. Depending on the nature of the Order (type of service, quantity of goods, amount of the purchase price, estimated shipping costs), the Provider is always entitled to ask the Interested Party for additional confirmation of the Order (for example, in writing or by telephone).
3.7. The contractual relationship between the Provider and the Interested Party shall be established by (i) the delivery of the Order acceptance, which is sent by the Provider to the Interested Party by e-mail to the Interested Party's E-mail Address, or (ii) the delivery of the ordered service or goods, whichever is earlier.
3.8. The Interested Party agrees to the use of remote means of communication in concluding the Contract. The costs incurred by the Interested Party in using distance communication means in connection with the conclusion of the Contract (internet connection costs, telephone call costs) shall be paid by the Interested Party, without any difference from the basic rate.
4. PRICE OF SERVICES AND GOODS AND PAYMENT TERMS
4.1. The price of the services and goods and any costs associated with the delivery of the services and goods under the Contract may be paid by the Interested Party to the Provider in the following ways:
in cash to the Provider's authorised representative;
by wire transfer to the Provider's account listed in the "Contacts" section of the Provider's Web
Interface (hereinafter referred to as the "Provider's Account");
by wire transfer to the Provider's cryptocurrency software wallet, which is always identified on the Provider's Web Interface;
by cashless credit card.
4.2. Together with the purchase price, the Interested party is also obliged to pay to the Provider the costs associated with the shipping and delivery of the services and goods in the agreed amount. Unless expressly stated otherwise, the price also includes the costs associated with the delivery of the services and goods.
4.3. In the case of payment in cash, the purchase price is payable before delivery of the services and goods. In the case of non-cash payment, the purchase price is payable before the conclusion of the Contract.
4.4. In the case of non-cash payment, the Interested Party shall pay the price of the services and goods together with the identification of the payment. In the case of non-cash payment, the obligation of the Interested Party to pay the purchase price is fulfilled when the relevant amount is credited to the account of the Provider.
4.5. The Provider shall be entitled to require payment of the full purchase price before the provision of services or shipment of goods to the Interested party. Section 2119(1) of the Civil Code shall not apply.
4.6. Any discounts on the price of services and goods provided by the Provider to the Interested Party may only be combined with each other in the manner specified by the Provider for the service or goods in question.
4.7. If Provided for by generally binding legal regulations, the Provider shall issue a tax document - invoice - to the Interested Party in respect of payments made under the Contract. The Provider is not subject to value added tax. The Provider shall issue the tax invoice to the Interested Party after payment of the price of the services and goods, only at the express request of the Interested Party and shall send it in electronic form to the Interested Party's E- mail Address.
5. TERMINATION OF CONTRACT
5.1. The Interested Party acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Contract for the provision or delivery of services or goods manufactured according to the requirements of the Interested Party or adapted to his/her personal needs,
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Contract cannot be withdrawn from, the Interested Party shall have the right to withdraw from the Contract within fourteen (14) days from the date on which the Interested Party or a third party designated by the Interested Party takes delivery of the services or goods, in accordance with the provisions of Article 1829(1) and (2) of the Civil Code.
5.3. Withdrawal from the Contract must be sent to the Provider within the time limit specified in Article of the Terms and Conditions For withdrawal from the Contract, the Interested Party may use the Provider's sample form, which is attached to the Terms and Conditions. The withdrawal may be sent, inter alia, to the Provider's business address or to the Provider's e- mail address.
5.4. In case of withdrawal from the Contract, the Contract shall be cancelled from the beginning. The goods shall be sent back or handed over to the Provider by the Interested Party without undue delay, at the latest within fourteen (14) days of the withdrawal. The time limit according to the previous sentence shall be maintained if the Interested Party sends the goods before the expiry of the time limit. If the Interested Party withdraws from the Contract, the Interested Party shall be liable for the costs of returning the goods to the Provider, even if the goods cannot be returned by normal postal means due to their nature.
5.5. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Provider shall return the funds received from the Interested Party within fourteen (14) days of the Interested Party's withdrawal from the Contract in the same manner as the Provider received them from the Interested Party. The Provider is also entitled to return the performance provided by the Interested Party already upon return of the goods or in another way, if the Interested Party agrees to this and no additional costs are incurred by the Interested Party. If the Interested Party withdraws from the Contract, the Provider is not obliged to return the funds received to the Interested Party before the Provider has received the goods or before the Interested Party proves to the Provider that he has sent the goods back, whichever is earlier.
5.6. The Provider is entitled to unilaterally offset the claim for reimbursement of damage to the goods against the Interested Party's claim for reimbursement of the purchase price.
5.7. In cases where the Interested Party has the right to withdraw from the Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Provider is also entitled to withdraw from the Contract at any time until the service has been provided to the Interested Party or the goods have been accepted by the Interested Party. In this case, the Provider shall refund the purchase price to the Interested Party without undue delay, without cash, to the cryptocurrency software wallet or account of the Interested Party from which the funds were received.
5.8. If a gift is provided to the Interested Party together with the service or goods, the gift agreement between the Provider and the Interested Party shall be concluded with the condition that if the Interested Party withdraws from the Contract, the gift agreement in respect of such gift shall cease to be effective and the Interested Party shall be obliged to return the gift together with the goods to the Provider.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon at the specific request of the Interested Party, the Interested Party bears the risk and any additional costs associated with this mode of transport.
6.2. If the Provider is contractually obliged to deliver the goods to the place specified by the Interested Party in the order, the Interested Party is obliged to take delivery of the goods upon delivery.
6.3. If for reasons on the part of the Interested Party it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Interested Party is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. Further rights and obligations of the parties in the delivery of the goods may be regulated by the specific delivery conditions of the Provider, if issued by the Provider.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992, on Consumer Protection, as amended).
7.2. The Provider shall be liable to the Interested Party that the services and the goods are free from defects upon receipt. In particular, the Provider shall be liable to the Interested Party that the service or goods:
7.2.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
7.2.2. it is suitable for the purpose for which the Interested Party requires it and to which the Provider has agreed.
7.3. The Provider shall be liable to the Interested Party, in addition to the agreed characteristics:
7.3.1. the service or good is suitable for the purpose for which it is normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice, if there are no technical standards,
7.3.2. the service or good is equivalent in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of services or goods of the same kind that the Interested Party may reasonably expect, including in the light of public statements made by the Provider or by another person in the same contractual chain, in particular by presentation or labelling, unless the Provider proves that he was not aware of it or that it was modified at the time of conclusion of the Contract in at least a comparable manner to that in which it was made or that it could not have influenced the decision of the Interested Party,
7.3.4. the goods correspond in quality or workmanship to the sample or sample presented by the Provider to the Interested Party before the conclusion of the Contract.
7.4. The provisions of Article 7.3 of the Terms and Conditions shall not apply if the Provider has specifically notified the prospective buyer prior to the conclusion of the Contract that a feature of the service or goods differs and the Interested Party has expressly agreed to this when concluding the Contract.
7.5. If the subject of the purchase is a service or goods with digital characteristics, the Provider shall ensure that the agreed updates of the digital content or digital content service are provided to the Interested Party. In addition to the agreed updates, the Provider shall ensure that the Interested Party is provided with the updates that are necessary for the service or goods to retain the characteristics referred to in Articles 7.2 and 7.3 of the Terms and Conditions after receipt and that the Interested Party is notified of their availability
7.5.1. for a period of two years, if the digital content or digital content service is to be provided continuously for a certain period of time under the Contract, and, if provision for a period longer than two years is agreed, for the whole of that period,
7.5.2. for as long as the Interested Party can reasonably expect, where the digital content or digital content service is to be provided under the Contract on a one-off basis; this shall be assessed according to the type and purpose of the service or goods, the nature of the digital content or digital content service and taking into account the circumstances at the time of the conclusion of the Contract and the nature of the commitment.
7.6. The provisions of Article 7.5 of the Terms and Conditions shall not apply if the Provider has specifically advised the Interested Party prior to entering into the Contract that updates will not be provided and the Interested Party has expressly agreed to this when entering into the Contract.
7.7. If the Interested Party fails to update within a reasonable period of time, it shall have no rights under the defect that arose solely as a result of the failure to update. This does not apply if the Interested Party has not been notified of the update or of the consequences of the failure to update. If the digital content or the digital content service is to be provided continuously for a certain period of time under the Contract and if a defect manifests itself or occurs within the period of time referred to in Article 7.5.1 and Article 7.5.2 of the Terms and Conditions, the digital content or the digital content service shall be deemed to be defective.
7.8. The Interested Party may complain about a defect that appears in the service or goods within two years of receipt. If the subject of the Contract is a service or an item with digital characteristics and if the digital content or the digital content service is to be provided continuously for a certain period of time, the Interested Party may complain of a defect that appears or manifests itself in the digital content or the digital content service within two years of receipt. If the performance is to be carried out for a period longer than two years, the Interested Party shall have the right to claim a defect which appears or manifests itself within that period. If the Interested Party has rightly complained to the Provider about the defect, the period for complaining about the defect in the service or goods shall not run for the period during which the Interested Party cannot use the service or goods.
7.9. If the service or goods have a defect, the Interested Party may demand its removal. He may, at his option, request the supply of a new service or goods without defect or the repair of the service or goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value that the service or goods would have without the defect and whether the defect can be removed by the other method without extreme difficulty for the Interested Party. The Provider may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the importance of the defect and the value of the service or goods without the defect.
7.10. The Provider shall remedy the defect within a reasonable time after it has been pointed out so as not to cause significant inconvenience to the Interested Party, taking into account the nature of the service or goods and the purpose for which the Interested Party purchased them.
7.11. The Interested Party may demand a reasonable discount or withdraw from the Contract if:
7.11.1. the Provider has refused to remedy the defect or has failed to remedy it in accordance with clause 7.9 of the terms and conditions,
7.11.2. the defect appears repeatedly, more than three (3) times per month,
7.11.3. the defect is a material breach of Contract, or
7.11.4. it is apparent from the Provider's statement or the circumstances that the defect will not be remedied within a reasonable time or without extreme hardship to the Interested Party.
7.12. If the defect in the service or goods is insignificant, the Interested Party cannot withdraw from the Contract (within the meaning of clause 7.11 of the Terms and Conditions).
7.13. If the defect in the service or goods is insignificant, the Interested Party cannot withdraw from the Contract (within the meaning of clause 7.11 of the Terms and Conditions).
7.14. If the subject of the commitment is the provision of digital content or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Interested Party requested it.
7.15. After the expiry of the time limit according to Article 7.14 of the Terms and Conditions, the Interested Party may withdraw from the Contract or demand a reasonable discount.
7.16. The Provider is obliged to issue a confirmation of the date and manner of handling the claim, including confirmation of the repair, and the duration of the claim, or a written justification for the rejection of the claim.
7.17. The Interested Party may specifically assert his/her rights under the liability for defects in services and goods, in particular by e-mail at complaints@tanzaniter.com.
7.18. Whoever has a right from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the Interested Party fails to assert the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Provider argues that the right to compensation was not asserted in time.
7.19. Further rights and obligations of the parties relating to the provider's liability for defects may be regulated by the Provider's complaints procedure.
7.20. The Provider may also provide the Interested Party with a guarantee for quality in addition to its statutory rights from defective performance.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Interested Party acquires the right to the Service or ownership of the goods by paying the full price of the service or goods.
8.2. The Provider shall not be bound by any codes of conduct in relation to the Interested Party within the meaning of Section 1820(1)(n) of the Civil Code.
8.3. The Provider shall handle complaints from Interested Parties via a web form located on the Provider's web interface and by e-mail. Complaints may be sent to the Provider's e-mail address. Information on the handling of the Interested Party complaint shall be sent by the Provider to the Interested Party's E-mail address. Other rules for handling complaints may be laid down by the Provider in the complaints procedure.
8.4. The Consumer Ombudsman, z.ú., with its registered office at K Lesíku 70/1, 102 00 Prague 10, is competent for out-of-court settlement of disputes arising from the Contract.
8.5. The Consumer Ombudsman, z.ú., with its registered office at K Lesíku 70/1, 102 00 Prague 10. internet address: https://onlinemediator.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. The Interested Party hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PRIVACY POLICY
9.1 The Provider shall fulfil its information obligation towards the Interested Party within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Interested Party's personal data for the purposes of the performance of the Contract, for the purposes of the Contract negotiations and for the purposes of the Provider's public law obligations by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. In accordance with the provisions of Section 7(2) of Act No. 480/2004, on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Interested Party agrees to the sending of commercial communications by the Provider to the electronic address or telephone number of the Interested Party. The Provider fulfils its information obligation towards the Interested Party within the meaning of Article 13 of the GDPR regarding the processing of the Interested Party's personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The Provider fulfils its legal obligations related to the possible storage of cookies on the Interested Party's device by means of a separate document.
11. ADDRESSING
11.1. The Interested Party may be served at the Interested Party's E-mail Address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by the law of the United Arab Emirates applicable in the Emirate of Dubai. The choice of law pursuant to the preceding sentence does not deprive the Interested Party, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid 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.
12.3. The Contract, including the Terms and Conditions, shall be archived by the Provider in electronic form and shall not be accessible.
12.4. A sample Termination form is attached to the Terms and Conditions.
12.5. Contact details of the Provider: registered office address Vojtěšská 211/6, Nové Město, 110 00 Prague 1, Czech Republic, e-mail address info@tanzaniter.com, telephone number is listed in the "Contacts" section of the Provider's Web Interface. If the Provider provides another means of on-line communication, such means is listed in the "Contacts" section of the Provider's Web Interface.
Prague, 31st May, 2023