Terms and conditions

of trading company Lomeka, s.r.o. identification number: 03439721, registered in the commercial register maintained by the Regional Court in Brno, Section C, Insert 95678, Czech republic (hereinafter referred to as "Seller"),

for the sale of products through the online store located at the internet address www.ccshop.cz, www.ccshop.sk, www.ccshop.info, and www.comfortcrypto.co.uk:

  1. Introductory provisions
    1. These terms and conditions (hereinafter referred to as the "terms and conditions") govern, in accordance with the provisions of Section 1751, Para. 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising from or based on a purchase agreement (hereinafter referred to as the "Agreement"), entered into between the seller and another private entity (hereinafter referred to as the "purchaser") through the online shop of the seller. The internet shop is operated by the seller on the website located at the internet address www.ccshop.cz and www.ccshop.sk (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
    2. Terms and conditions do not apply to cases where a person who intends to purchase the product from the seller is a legal entity or a person who in the ordering of a product acts in the course of his business activity or independent performance of his profession.
    3. Provisions derogate from the terms and conditions may be agreed upon within the Agreement. Derogatory arrangements in the Agreement shall prevail over the terms and conditions.
    4. The provisions of the terms and conditions form an integral part of the Agreement.
    5. The text of the terms and conditions may be amended or supplemented by the seller.
    6. This provision shall not affect the rights and obligations arising for the period of effectiveness of the previous text of the terms and conditions.
  2. Entering into the agreement
    1. All presentations of the products placed on the web interface of the shop are of informative character and the seller is not obliged to enter into an Agreement in respect of such products. The provisions of Sec. 1732, Para. 2 of the Civil Code shall not apply.
    2. The web interface of the shop contains information on products, including the prices of the individual products and costs for its transmission onto the purchaser. Product prices are listed inclusive of all related fees. The prices remain in force for a period of time they are displayed on the web interface of the shop and the seller is entitled to change any such at any time. This provision does not prejudice the option of the seller to enter into an Agreement under individually negotiated terms.
    3. For the ordering of a product the purchaser shall fill in the order form on the web interface of the shop.
    4. The information referred to in the order shall be deemed to be correct by the seller. Immediately upon receipt of the order by the seller such receipt shall be confirmed to the purchaser by e-mail, to the e-mail address listed in the purchaser's order (hereinafter referred to as the "electronic address of the purchaser").
    5. The seller is always entitled to, depending on the nature of the order (quantity of the product, the price level) to request the purchaser for an additional confirmation of the order (for example in writing or by telephone) or to require a settlement of an advance payment, without which it shall not be required to implement the trade within the given due date, see below Article. 3 of these Terms and Conditions.
    6. The contractual relationship between the seller and the purchaser is established by the delivery of acceptance of the order, sent to the purchaser by the seller by e-mail, to the e-mail address of the purchaser.
    7. The purchaser agrees to the use of means of distance communication when entering into the Agreement.
    8. The seller is entitled to request from the purchaser the provision of additional information in respect of the order, in particular on the grounds and to the extent provided by Act 253/2008 Coll., on certain measures against legalisation of proceeds of crime and terrorist financing. In such a case, the performance of the seller's order shall be suspended until the receipt of complete information from the purchaser.. Failure to provide such information or its provision in insufficient scope forms grounds to withdraw from the agreement on the part of the seller pursuant to Art. 4.2.2.
  3. Product price and payment terms

    1. The price of the product and any costs associated with its delivery in accordance with the Agreement may be made good by the purchaser on behalf of the seller in the following ways:
      1. cashless transfer to the seller's account No. 2500673999/2010, held at Fio banka, a.s., V Celnici 1028/10, 117 21, Prague 1 (hereinafter referred to as the "seller's account")
    2. The seller may require a deposit from the purchaser or another similar payment. This shall leave without prejudice the provisions of Article 3.5 of the terms and conditions concerning the obligation to settle the price in advance.
    3. In the case of a non-cash payment, the price is due within 3 days from the entering into the Agreement.
    4. In the case of a non-cash payments, the purchaser is obliged to settle the price along with the variable symbol of the payment. In the case of a non-cash payment, the purchaser's obligation to settle the price is fulfilled at the moment of crediting of the relevant sum to the seller's account.
    5. The seller is entitled, in particular in the event that the purchaser does not receive an additional confirmation of the order (Article 2.5), to require payment of the full price before the sending of the product to the purchaser. The provisions of Sec. 2119, Para. 1 of the Civil Code shall not apply.
    6. Any discounts on the price of the product provided by the seller to the purchaser cannot be combined.
  4. Withdrawal from the Agreement

    1. On the basis of the provisions of Sec. 1837, Para. 1b) of the Civil Code, the customer has no right to withdraw from the Agreement, except in cases when the seller fails to perform according to an entered-into agreement, there is only a partial implementation, or there is implementation under other than the agreed-upon terms.
    2. The seller is entitled to withdraw from the Agreement without the provision of any reason at any time, up to the moment the product is delivered to the purchaser, in particular:
      1. for reasons of unexpected changes in circumstances (exchange-rate movements), on the basis of Sec. 1765, Para. 2 of the Civil Code,
      2. due to reasons of suspicion of money laundering as defined within Act No. 253/2008 Coll., on certain measures against legalisation of proceeds from crime and the financing of terrorism,
      3. for failure to observe the prerequisites of a posted payment, in particular the omission of a reason for the sending of the payment in the note to the recipient ("acquisition of cryptocurrency", or the "acquisition of BTC", etc.) or failure to provide a variable symbol (which will prevent automated pairing of the payment with the order and the order will therefore continue to be recorded by the seller as being unsettled and after a certain period will be automatically cancelled)
      4. for reasons of a conduct or repeated conduct lying in the making of the position of the seller disadvantageous (e.g. the making of recurring and unpaid-for orders, administrative burdening of the seller by the making of multiple orders in a short period of time, etc.)
      5. or for other reasons.
    3. In case of withdrawal from the Agreement pursuant to Art. 4.1 or 4.2 of the business terms the Contract is canceled from its start.
    4. Costs of returning the product to the seller (esp. the remittance fees) are in the event of withdrawal from the Agreement pursuant to 4.2.2 to 4.2.4 borne by the purchaser, in case of withdrawal from the Agreement pursuant to Art. 4.1, 4.2.1 and 4.2.5 they are borne by the seller.
    5. In case of withdrawal from the Agreement the purchaser returns the product to the seller without undue delay, but not later than three (3) business days from receipt of a notice of withdrawal to the seller. The seller returns the received funds to the purchaser without undue delay, but not later than three (3) business days from the time when the product is returned to the seller, or when the purchaser proves that the product was sent to the seller.
  5. Delivery (transfer) of the product

    1. Currency conversion is done by electronic means.
    2. In the event that for reasons on the part of the purchaser the product needs to be delivered repeatedly or in a manner other than stated in the order, the purchaser is obliged to pay the costs associated with repeated delivery of the product, i.e. the costs associated with other means of delivery. In this case, the seller is entitled to deduct the relevant amount, recalculated by applying the current exchange rate, from the product delivered, i.e. deliver to the purchaser the product less such costs.
    3. In the case when the product is delivered into a wallet generated for the purchaser by the seller, the "private key", required for operations with the wallet created in this way, it is offered for download to the purchaser without undue delay after the crediting of the purchase price to the seller's account. In this case, the private key at the moment of sending of the information on the possibility of its download becomes the property of the purchaser and upon its download it will be deleted from the systems of the seller. The seller is not responsible for what will happen to the private key (and the purchased product) after it is downloaded by the purchaser. This is without prejudice to the procedure under Article 6 of these Terms and Conditions.
  6. "Cold storage"

    1. If the purchaser fails to collect the private key in accordance with Clause 5.3 within 3 business days from the moment when the seller enabled him to do so or he has been invited to do so, the seller has the right for safety reasons to transfer the product to a place intended for long-term storage secured against attack and theft (hereinafter referred to as "cold storage").
    2. If the purchaser requests the seller to extend the period for the collection of a private key, at that moment the responsibility for the purchased resources is transferred onto the purchaser as if he has already collected the private key.
    3. During the "cold storage" of the product the purchaser has the right to prompt the seller to transfer the product back from "cold storage" into his own wallet - the seller is obliged to comply with this request within 10 business days from receipt of the request.
    4. The transaction costs for the move into "cold storage" and, where appropriate, back into the wallet of the customer, plus the handling fee of CZK 250,- for every transfer, shall be borne by the purchaser and the seller is entitled to deduct the latter from the sum purchased by the purchaser; recalculated by means of the current exchange rate in the e-shop at the moment of the settlement.
    5. Placement of the product in "cold storage" is subject to a fee of 20% of the nominal value of product per each week of storage. This sum is charged by the seller after the expiration of one week (7 completed days) after the transfer of the product into "cold storage" and the seller is entitled to deduct it from the current value of the product always at the end of the following week.
    6. The entitlement to product release from "cold storage" is subject to normal period of limitation.
  7. Other rights and obligations of the contracting parties

    1. The purchaser acquires ownership of the product by the acceptance of the order on the part of the seller in accordance with Para. 2.6 and the payment of the entire price of the product.
    2. The handling of consumer complaints is provided by the seller by means of the e-mail address info@ccshop.info. Information about the processing of a complaint of the purchaser is sent by the seller to the e-mail address of the purchaser.
    3. Out of court settlement of consumer disputes under the Agreement is within the competence of the appropriate Czech Trade Inspectorate with registered address at Štěpánská 567/15, 120 00 Prague 2, Co. ID No.: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for resolution of on-line disputes is located at the internet address http://ec.europa.eu/consumers/odr and may be used for the settlement of disputes between the seller and the purchaser under the Agreement.
    4. European consumer centre of the Czech Republic, with registered address: Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the point of contact in accordance with the European Parliament and Council Regulation (EC) No. 524/2013 of 21. May 2013 on the resolution of disputes online and the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on resolution of consumer disputes online).
    5. The seller is entitled to sell the product on the basis of a trade licence. Trade control is carried out within the scope of its competence by the Trade Licencing Office. Supervision of the area of personal data protection is exercised by the Office for the Protection of Personal Data. The Czech Trade Inspection performs within a defined scope, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
    6. The purchaser hereby assumes the risk of change of circumstances within the meaning of Sec. 1765 Para. 2 of the Civil Code.
  8. Protection of personal data

    1. The company Lomeka, s.r.o., processes customers' personal information in accordancce with the 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) - so called GDPR. For this purpose, the company Lomeka, s.r.o. has adopted specific Privacy policy.
  9. The sending of commercial communications and storing of cookies

    1. The purchaser agrees to receive information related to the product, services or business of the seller to the email address of the purchaser and further agrees to receive commercial communications from the seller to the email address of the purchaser.
    2. When a commercial communication is delivered, the purchaser has an opportunity to express his intention to opt out from receiving further commercial communications and the seller is obliged to respect such intention and not send any further business communication to the purchaser.
    3. The purchaser agrees to the storing of ´cookies´ on his computer. In the event that a purchase on a web page can only be made and the obligations under the Agreement of the seller to be performed without the storing of cookies onto the computer of the purchaser, the purchaser may withdraw his consent under the preceding sentence at any time.
  10. Delivery

    1. Notification concerning the relationships of the seller and the purchaser in particular concerning withdrawal from the Agreement must be received by mail, by means of a registered letter, unless otherwise agreed in the Agreement. Notices are delivered to an appropriate contact address of the other contracting party and shall be deemed delivered and effective at the moment of their delivery through mail, with the exception of a notice of withdrawal from the agreement made by the purchaser, where a withdrawal is effective, if the notification is sent by the purchaser within the withdrawal period.
    2. A notification is also deemed to be delivered whose acceptance was refused by the addressee; which was not collected within the storage period, or one that was returned as undeliverable.
    3. The contracting parties may mutually deliver correspondence by e-mail, to the e-mail address specified in the user account of the purchaser or such stated by the purchaser in the order, and the address provided on the webpage of the seller.
  11. Final provisions
    1. If the relationship based on the Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer resulting from the generally binding legal regulations.
    2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by one whose meaning corresponds as much as possible to the one that is invalid. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
    3. The Agreement, including the terms and conditions is archived by the seller in an electronic format and is not accessible.
    4. Contact information of the seller: correspondence address: Rybná 716/24, Prague 1, 110 00, e-mail address info@ccshop.info, telephone +420 910 119 792 (bus. days 8-12,13-16h).

Published 24.2.2018