Terms and Conditions

for the sale of goods through the online store www.daramio.uk
Valid from: 01.01.2023

Business entity: GoldSolutions s.r.o.
Registered office: v Pionýrů 839, Frýdek-Místek, Czech Republic
Company registration number: 29460522
Registered in: Commercial Register C 55296/KSOS, Regional Court in Ostrava
Email address: info@daramio.com

(Hereinafter referred to as the "Seller")

1.    GENERAL PROVISIONS

1.1.    These terms and conditions (hereinafter referred to as "Terms and Conditions") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and a natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at www.daramio.uk (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Store Interface").

1.2.    These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within their business activity or as part of their independent profession.

1.3.    Different provisions from these Terms and Conditions may be agreed upon in the Purchase Contract. Provisions in the Purchase Contract take precedence over these Terms and Conditions.

1.4.    These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are prepared in English. The Purchase Contract may be concluded in English.

1.5.    The Seller may amend or supplement these Terms and Conditions. Such changes do not affect 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 Website, the Buyer can access their user account. Through the user account, the Buyer can place orders (hereinafter referred to as the "User Account"). If the Store Interface allows, the Buyer can also place orders without registration directly via the Store Interface.

2.2.    When registering on the Website and placing an order, the Buyer is required to provide accurate and truthful information. The Buyer must update their information in the User Account in case of any changes. The information provided by the Buyer in the User Account and when placing an order is considered correct by the Seller.

2.3.    Access to the User Account is secured by a username and password. The Buyer must maintain the confidentiality of the information required to access their User Account.

2.4.    The Buyer is not entitled to allow third parties to use their User Account.

2.5.    The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 90 days or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).

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

3.    CONCLUSION OF THE PURCHASE CONTRACT

3.1.    All product presentations in the Store Interface are for informational purposes only, and the Seller is not obliged to conclude a Purchase Contract for these goods.

3.2.    The Store Interface contains information about the goods, including prices and potential return costs if the goods cannot be returned by standard postal methods. The prices are inclusive of VAT and all related charges. Prices remain valid for as long as they are displayed in the Store Interface. This does not limit the Seller's right to conclude a Purchase Contract under individually agreed conditions.

3.3.    The Store Interface also contains information about packaging and delivery costs. The information applies only to deliveries within the United Kingdom. If the Seller offers free delivery, the right to free delivery arises only after the Buyer meets the minimum order value specified in the Store Interface. If the Buyer partially cancels the order and the remaining order value falls below the minimum for free delivery, the right to free delivery lapses and the Buyer must pay for the delivery.

3.4.    To order goods, the Buyer fills in the order form in the Store Interface. The order form contains information about:

3.5.    the ordered goods (the Buyer adds them to the electronic shopping basket),

3.6.    the method of payment, the desired method of delivery, and

3.7.    the costs associated with delivery (hereinafter collectively referred to as the "Order").

3.8.    Before submitting the Order, the Buyer has the opportunity to check and amend the entered information, including the option to identify and correct errors. The Order is submitted by clicking the "Submit Order" button. The Seller considers the information in the Order to be correct. The Seller will immediately confirm receipt of the Order by email to the Buyer's email address provided in the User Account or Order.

3.9.    Depending on the nature of the Order (quantity, price, anticipated delivery costs), the Seller may request additional confirmation from the Buyer (e.g., in writing or by phone).

3.10.    The contractual relationship between the Seller and Buyer arises upon the delivery of the acceptance of the Order by the Seller to the Buyer by email to the Buyer's email address.

3.11.    The Buyer agrees to the use of remote communication when concluding the Purchase Contract. The Buyer bears their own costs incurred through remote communi

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any delivery charges under the purchase contract can be paid by the buyer using the payment methods offered by the seller through the online shop interface.

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the agreed costs for packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price shall also include these delivery costs.

4.3. The seller does not require the buyer to make an advance payment or any similar payment. This does not affect clause 4.6 of these terms regarding the obligation to pay the purchase price in advance.

4.4. In case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract.

4.5. In case of non-cash payment, the buyer is obliged to indicate the correct payment reference. The buyer's obligation to pay is fulfilled at the moment the respective amount is credited to the seller's account.

4.6. The seller is entitled, especially if the buyer has not additionally confirmed the order (see clause 3.6), to require full payment of the purchase price before dispatching the goods to the buyer.

4.7. Any discounts provided by the seller to the buyer cannot be combined unless explicitly agreed otherwise.

4.8. If required by generally binding legal regulations, the seller shall issue the buyer a tax document (invoice) for the payments made. The seller shall send the tax document electronically to the buyer's email address after the price of the goods has been paid.

4.9. The seller complies with applicable UK tax and electronic record-keeping obligations. Where required by UK law, the seller shall issue a valid receipt to the buyer.

5. CANCELLATION AND RETURNS

5.1. Unless the case stated in clause 5.4 applies or unless otherwise provided by law, the buyer has the right to cancel the purchase contract within fourteen (14) days of receiving the goods. If the contract relates to multiple items delivered separately, this period starts from the delivery of the last item. To exercise the right to cancel, the buyer must notify the seller within this period. The buyer may use the cancellation form provided by the seller, which is an attachment to these terms. The buyer can send the cancellation notice to the seller's business address or email stated at the beginning of these terms.

5.2. In the event of cancellation according to clause 5.1, the purchase contract is considered void from the beginning. The buyer must return the goods to the seller without undue delay, no later than fourteen (14) days from the cancellation, unless the seller has offered to collect the goods. The deadline is met if the buyer sends the goods back before the 14-day period expires. The buyer bears the direct costs of returning the goods, even if the goods cannot be returned by standard postal means.

5.3. If the buyer cancels the purchase contract according to clause 5.1, the seller shall refund the payments received from the buyer within fourteen (14) days of receiving the cancellation notice, using the same payment method that the buyer used, unless agreed otherwise. The seller may withhold the refund until the goods have been returned or until the buyer provides proof of having sent the goods back, whichever comes first.

5.4. The buyer acknowledges that under applicable UK consumer law, the right to cancel does not apply to, among others, goods made to the buyer's specifications or clearly personalised, goods liable to deteriorate rapidly, sealed goods that are not suitable for return for health protection or hygiene reasons if unsealed after delivery, or sealed audio, video recordings or computer software if unsealed after delivery. All products from our range, with the exception of glass shelves, are manufactured or customised based on the buyer's specifications and therefore the statutory 14-day return right does not apply to these products.

5.5. The seller is entitled to offset any claim for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to cancel the purchase contract in accordance with these terms, the seller is also entitled to cancel the purchase contract at any time before the goods are received by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, using the same payment method or another agreed method.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a cancellation clause stating that if the buyer cancels the purchase contract, the gift agreement regarding such a gift becomes void and the buyer is obliged to return the provided gift along with the goods.

6. DELIVERY AND TRANSPORT

6.1. If the method of delivery is arranged at the buyer's specific request, the buyer bears the risk and any additional costs associated with that method of delivery.

6.2. If the seller is required to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods at that location.

6.3. If, for reasons attributable to the buyer, repeated delivery or delivery by a different method is necessary, the buyer is obliged to pay any costs associated with the repeated delivery or the different method of delivery.

6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging, and in the event of any defects, immediately notify the carrier. If the packaging is damaged in a way indicating unauthorised interference with the shipment, the buyer does not have to accept the shipment. This does not affect the buyer's rights regarding faulty goods and other statutory rights.

6.5. Additional rights and obligations of the parties regarding the delivery of goods may be regulated by the seller's special delivery terms if issued.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding defective performance are governed by applicable UK consumer protection legislation.

7.2. The seller is responsible to the buyer for ensuring that the goods are free from defects upon delivery. In particular, the seller guarantees that at the time the buyer receives the goods:

7.2.1. The goods have the properties agreed between the parties; if no agreement exists, the goods have the properties described by the seller or manufacturer, or that the buyer could reasonably expect based on the nature of the goods and any advertising.

7.2.2. The goods are suitable for the purpose stated by the seller or for which goods of that type are normally used.

7.2.3. The goods correspond to the quality or design of an agreed sample or model, if applicable.

7.2.4. The goods are of the correct quantity, measure, or weight.

7.2.5. The goods comply with applicable legal requirements.

7.3. If a defect becomes apparent within six months of delivery, it is presumed the goods were defective at the time of delivery.

7.4. The seller's obligations regarding defective performance extend at least as long as the manufacturer's obligations. The buyer otherwise has the right to claim for defects in consumer goods within twenty-four months of delivery. If a warranty period is specified on the goods, packaging, instructions, or in advertising, this is considered a guarantee of quality. During a legitimate complaint, the warranty period is paused while the buyer cannot use the goods.

7.5. The provisions of clause 7.4 do not apply to goods sold at a reduced price due to the defect for which the reduction was agreed, wear and tear from normal use, defects in second-hand goods proportional to their prior use, or where excluded by the nature of the goods. The buyer cannot claim for defects if they were aware of the defect before taking delivery, or if the defect was caused by the buyer.

7.6. Claims regarding defects are made to the seller. If a different authorised repair service is listed by the seller and is closer to the buyer, the buyer should claim there. Unless otherwise specified, the seller must accept complaints at any premises where it is reasonable based on the goods sold. The seller will issue written confirmation of the complaint details and its resolution.

7.7. The buyer can submit complaints in person at the seller's business address stated in these terms, or by email as provided in these terms.

7.8. The buyer must inform the seller of their chosen right when reporting the defect, or without undue delay. The choice cannot be changed without the seller's consent unless the buyer requested a repair that turns out to be impossible.

7.9. If the goods do not meet the requirements in clause 7.2, the buyer may request replacement goods free of defects, unless disproportionate given the defect. If the defect concerns only part of the goods, the buyer may request replacement of that part. If repair or replacement is not possible, the buyer may cancel the contract. If it is reasonable, the buyer may instead request free repair. The buyer can cancel the contract if repeated defects occur or if there are multiple defects. Alternatively, the buyer can request an appropriate discount. The buyer may request a discount if new goods cannot be provided, if repair or replacement is not performed within a reasonable time, or if it causes significant inconvenience to the buyer.

7.10. A buyer entitled to claim under this clause is also entitled to reimbursement of reasonable expenses incurred when asserting their rights. However, if the buyer does not request reimbursement within one month of the deadline for reporting the defect, the seller is not obliged to provide it.

7.11. Additional rights and obligations regarding defective goods may be set out in the seller's complaints policy.

8. OTHER RIGHTS AND OBLIGATIONS

8.1. Ownership of the goods transfers to the buyer upon full payment of the purchase price.

8.2. The seller is not bound by any codes of conduct in relation to the buyer.

8.3. The seller handles consumer complaints via the email address provided in these terms. The buyer will be informed of the outcome by email. No other complaint procedures are established.

8.4. Disputes between the seller and buyer may be resolved out of court through recognised UK alternative dispute resolution (ADR) providers. Further details can be found via the UK Government's website or by contacting local consumer protection bodies.

8.5. The buyer may also use the European Commission's online dispute resolution platform available at: http://ec.europa.eu/consumers/odr for cross-border disputes.

8.6. The buyer may lodge complaints with relevant supervisory or regulatory authorities in the United Kingdom. The seller operates under a valid business licence. The Information Commissioner's Office (ICO) oversees data protection compliance. Trading Standards monitors compliance with UK consumer protection legislation.

8.7. The buyer accepts the risk of changes in circumstances that may affect the contract.

9. DATA PROTECTION

9.1. The seller fulfils its information obligations towards the buyer under Article 13 of the UK General Data Protection Regulation (UK GDPR) regarding the processing of personal data for fulfilling the purchase contract, negotiations prior to contract conclusion, and legal obligations, through a separate privacy policy document.

10. MARKETING COMMUNICATIONS AND COOKIES

10.1. The buyer agrees to receive marketing communications from the seller via email or phone, in accordance with applicable UK legislation on electronic communications. The seller fulfils its obligations regarding personal data processing for marketing purposes through a separate privacy policy document.

10.2. The seller complies with applicable legal obligations regarding the use of cookies, as outlined in a separate cookies policy document.

11. COMMUNICATION

11.1. Communications to the buyer may be delivered to the buyer's email address.

12. FINAL PROVISIONS

12.1. If the contractual relationship contains an international element, the parties agree that English law applies. The choice of law does not deprive the consumer of protections granted by mandatory consumer legislation of their country of residence, where applicable.

12.2. If any provision of these terms is invalid or ineffective, it shall be replaced by a valid provision that most closely matches the original intent. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The purchase contract and these terms are archived by the seller in electronic form and are not accessible to third parties.

12.4. A sample cancellation form is provided as an attachment to these terms and can be downloaded here.

12.5. The seller's contact details are stated at the beginning of these terms.