Version:1

Valid from 1 August 2021

Business Terms and Condition Procedure of the www.czech-jewelry.com internet store

1. GENERAL PROVISIONS

1.1 These Business Terms and Complaints Procedure of the www.czech-jewelry.com internet store (hereinafter referred to as “Business Terms”) apply to purchases in the www.czech-jewelry.com internet store.

1.2 These Business Terms further define and specify rights and obligations of the Seller and the Buyer (hereinafter referred to as the “Buyer” or “Customer”). The data of the Seller is as follows:

Company name:       LUXURY CZECH JEWELRY, s.r.o.
Registered office:      Rybná 716/24, 110 00 Praha 1, Czech Republic
IN:                               24771210
e-mail address:         e-shop@czech-jewelry.com
tel.:                             +420777260302

Registered in the Commercial Register kept at the Municipal Court in Prague under the file number C263121 (hereinafter referred to as the “Seller” or “LUXURY CZECH JEWELRY BONUM, s.r.o. Company”

1.3 If the Buyer is a consumer as defined in 2.2 below, relationships not governed by these Business Terms are governed by Act No. 89/2012 Coll., The Civil Code as amended (hereinafter referred to as “The Civil Code”) and the Act no. 634 / 1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”).

1.4 If the Buyer is a subject other than a consumer as defined in 2.3 below, relationships not governed by these Business Terms are governed by the Civil Code (and it is governed that pursuant to Section 2158 (1) of the Civil Code, provisions of Sections 2158 to 2174 of the Civil Code do not apply)

1.5 By concluding into a purchase agreement, the Buyer confirms that he/she has become familiar with these Business Terms and their content and agrees with them. These Business Terms are an integral part of the concluded purchase agreement.

 2. DEFINITION OF TERMS AND PROCEDURE FOR THE CONCLUSION OF A PURCHASE AGREEMENT 

2.1 The Seller is a legal person which, when concluding and performing a contract, acts in the course of its business activities. The Seller, either directly or through other entrepreneurs, supplies the Buyer with products or services.

2.2 Every buyer is considered as a consumer, unless it is another entity as defined in 2.3 of these Business Terms.

2.3 The Buyer – another entity – is a buyer who is an entrepreneur, and at the time of concluding into a contract, it is clear from circumstances that the purchase relates to its business activity. An entrepreneur is someone who independently carries out a gainful activity in a trade or similar way on his own account and responsibility, with the intention of doing so systematically in order to make a profit. Any person who concludes contracts related to his/her own business, manufacturing or similar activities or in the independent exercise of his/her profession or a person acting in the name or on behalf of an entrepreneur is also considered to be an entrepreneur.

2.4 Subject of the purchase – the subject of a purchase on the basis of a purchase agreement is the goods described in the binding confirmation of the order by the Seller, by which the purchase agreement is concluded (hereinafter referred to as the “Goods”). Information on the Goods available on www.czech-jewelry.com is given according to the currently available data and information. Data on the Goods, including the purchase price, is decisive at the moment when the Buyer delivers the order to the Seller. The displayed shades of the product may vary depending on individual settings of screen technical parameters of each customer. The displayed accessories, equipment, and decorative items are not part of the purchased Goods unless expressly stated otherwise in the description of the Goods.

2.5 Prices are of the contractual price’s nature. Sellers ido not pay VAT. Prices of transportation or COD may be calculated to the price (see order specification).

2.6 The procedure of the Purchase Agreement conclusion is as follows. Buyer´s order is a Draft Purchase Agreement. The Purchase Agreement is concluded by accepting payment through a payment gate (PayPal, cards…) and confirmation of the order by the Seller delivered by e-mail to the Buyer. Buyer´s order and the binding order confirmation by the Seller are deemed to have been delivered if the parties to whom they have been intended can become acquainted with them. From that moment on, mutual rights and obligations have arisen from the concluded purchase agreement between the Buyer and the Seller. If the Buyer discovers errors or other irregularities in the binding acceptance of the order, he/she will inform the Seller about this fact by e-mail to e-shop@czech-jewelry.com latest before the Seller announces the expedition of the purchased goods. Changes and amendments to an already placed order, must be made by e-mail to e-shop@czech-jewelry.com, such changes and amendments are effective towards the Seller only after the Seller´ confirmation. The Seller is entitled to refuse an order if it is not possible to deliver the ordered Goods to the Buyer due to the sell-out of the Goods or unavailability of the Goods (factual impossibility of performance). The Customer will be informed by telephone or by e-mail about the cancellation of the order. Change to billing and delivery information on the invoice is not possible after the order is delivered.


3. 3. RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES, RESERVATION OF TITLE

3.1 By the conclusion of the Purchase Agreement, the Seller shall be obliged to the provision of the subject of the purchase to the Buyer and the Buyer shall be obliged to pay the Seller the agreed price, i.e., the Purchase Price of the Goods, the transportation fee (if transportation is not free) or COD.

3.2 The Seller shall deliver the Goods specified in the Buyer’s electronic order (the order received by electronic mail). The Buyer will receive the delivery note upon receipt, the invoice for delivered Goods will then be electronically received to the e-mail address provided in the order.

3.3 The Seller is obliged to provide the Buyer with the correct Goods in accordance with the valid legal order of the Czech Republic, to the address given by the Buyer.

3.4 The Buyer is obliged to take over the Goods ordered and delivered in accordance with the Purchase Agreement and the Business Terms. The Buyer is obliged to pay the purchase price and the shipping or COD to the Seller properly and in due time, in accordance with terms and conditions stipulated in the Purchase Agreement and the Business Terms.

3.5 Ownership rights of the Goods are transferred to the Buyer after the purchase price has been paid in full. The risk of accidental destruction and accidental deterioration of the Goods is passed to the Buyer by handing the Goods over to the Buyer.

3.6 Withdrawal from the Contract:

a) For goods in stock, when the Seller does not make any adjustments to the ordered Goods according to the wish and requirements of the “Buyer” and the “Buyer consumer” they have the right to withdraw from the Purchase Agreement without giving any reason in accordance with Section 1829 (1) of the Civil Code, in the period of 14 days. The period under the preceding sentence shall run from the date of conclusion of the Purchase Agreement and, in the case of:

– A Purchase Agreement, from the date of the receipt of the Goods,

– A contract, the subjects of which are several types of Goods or the supply of several parts, from the date of the takeover of the last delivery of the Goods.

The aforementioned withdrawal period is deemed to be preserved if the Buyer – the consumer sends a notice to the Seller in the course of the Agreement that he/she is withdrawing from the contract. In such case, the consumer shall bear direct costs associated with the return of the Goods and direct costs of the returned Goods. Costs associated with the return of the Goods also include costs of returning the Goods into the original condition if the Goods have been damaged or is showing signs of wear and tear when the value of the goods has been impaired as a result of handling the Goods in a manner other than required to familiarise with the nature and characteristics of the Goods, including its functionality. If the returned Goods are damaged, non-functioning, and incomplete or have signs of wear and tear and/or use according to the previous sentence, all money received by the Seller shall be returned to the Buyer – consumer deducted of the costs incurred to the Seller for the Goods to be returned to the original condition. This is without prejudice to the right to damages incurred to the Seller.

b) for goods that have been configured or modified according to the wish of the Buyer – consumer for him/her personally (for example, shed on request – see the configurator), it is not possible to withdraw from the Purchase Agreement in accordance with Section 1837 (d), the Civil Code.

3.7 If the Buyer – consumer decides to withdraw from the purchase contract, the Seller recommends the following procedure: the Buyer – consumer can contact the Seller by a letter sent via e-mail to e-shop@czech-jewelry.com or in writing via the postal operator to the address of the Seller’s registered office, by stating in writing that he/she is withdrawing from the contract, indicating the order number, purchase dates and account numbers for the moneys return (i.e. purchase prices and the cost of delivering the Goods to the place specified by the Buyer). The Seller confirms the Buyer – consumer the acceptance of the legal act constituting the withdrawal in writing and without undue delay. In case of withdrawal from the contract by the Buyer – consumer, the Buyer – consumer shall, without undue delay, send or hand over the Goods that he/she had received from the Seller, but no later than fourteen days after the withdrawal from the contract; this period is deemed to be preserved if the Buyer – consumer sends the Goods to the Seller. All funds for the purchased Goods received by the Seller from the Buyer – consumer (except for the additional costs incurred as a result of the delivery method chosen by the Buyer – consumer which is different from the cheapest standard delivery method offered by the Seller) will be refunded through the same means of payment that the Buyer- consumer had used for the first transaction (unless expressly stated by the Buyer – consumer otherwise) within 14 days after the withdrawal from the contract, but not before the Buyer – consumer hands the Goods over to the Seller or proves that the Goods have been sent to the Seller.


4. PAYMENT TERMS

4.1 The price of the Goods is always stated on the web site of the Seller´s e-shop The Buyer – consumer agrees with the price stated on the web site of the Seller’s e-shop at the time of placing the order.

4.2 Payment options:

  1. with a payment card,
  2. cashless transfer via the payment system,

4.3 As the day of payment shall, in the case of the payment method referred to in Article 4.2 (a), (b) of the Business Terms, be the day on which the relevant amount is credited to the Seller’s account.

4.4 The Customer agrees to also cover the costs associated with the packaging and delivery of the Goods in the event that such costs arise. Unless stated otherwise for the chosen delivery method, the costs associated with the packaging and delivery of the Goods is included in the price.

4.5. Any discounts on the price of Goods provided by the Seller to the Buyer cannot be discounted any further, other than the amount/percentage stipulated.


5. 5. METHOD AND TIME OF DELIVERY OF GOODS

5.1 The Seller provides the delivery of Goods by its own means of transportation or through a shipping company (hereinafter referred to as the “shipping company”) to the address specified by the Customer.

5.2 The Customer undertakes to inform the Seller in the order form about the correct and complete postal address where the ordered Goods are to be delivered and a phone number. If the Customer does not take over the prepared Goods within the agreed time, he/she is obliged to pay the costs associated with the return of the Goods.

5.3 The Seller declares that the invoice will be delivered to the Customer in electronic form after the delivery of the Goods and serves as a tax document and delivery note at the same time.

5.4 After the receipt of the Goods from the shipping company, the Customer is obliged to check the condition of the Goods, including the integrity of the packaging. In case of finding out any defects, the Customer is obliged to fill in a protocol with the shipping company and inform the Seller about those defects immediately by e-mail to e-shop@czech-jewelry.com or in writing.

5.5 If the Goods are in stock (or unless otherwise specified), the Seller undertakes to prepare the Goods for takeover, or for the delivery to the shipping company within 2 business days after the order receipt confirmation to the address specified in the order form.

5.6 For Goods that the Buyer – consumer configures himself/herself the delivery date is 3 (three) calendar months.

The Seller declares and the Customer expressly agrees that the delivery dates specified in Articles 5.5 and 5.6 of the Business Terms are indicative and may be modified by the Seller in a particular case. If the Seller finds out that he will not be able to prepare the Goods for the takeover, or to be transported by a shipping company, he shall immediately notify the Customer of this fact by e-mail, or by phone to the number stated in the order form. At the same time, the Seller will notify the Customer of a new delivery date.

5.7 In case of the custom-made Goods delivery, the delivery time will always be negotiated individually depending on Customer’s specific wishes and the extent of work on the ordered Goods by the Seller. A custom-made goods means goods offered by the Seller on its web page, which is then customized to the Customer’s wishes, which the Customer specifies in the order form. If the Seller finds out about a non-compliance with the agreed delivery date, the procedure described in Article 5.6 of the Business Terms and is used.


6. QUALITY GUARANTEE AT THE TAKEOVER, FAULTY PERFORMANCE RIGHTS AND COMPLAINTS PROCEDURE

6.1 The Seller is responsible towards the Buyer – Consumer for the fact that the item does not have defects at the moment of takeover (quality guarantee at the takeover pursuant to Section 2161 of the Civil Code). The invoice for the Goods also serves as a guaranty certificate.

6.2 If the item does not have the characteristics specified in Section 2161 of the Civil Code, the Buyer – consumer may also demand the supply of a new item without defects if this is not disproportionate in view of the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only require the replacement of the part; if this is not possible, he/she can withdraw from the contract. However, if it is disproportionate regarding the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to the defect removal free of charge. If the Buyer – consumer does not withdraw from the contract or if he/she does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he/she may require a reasonable discount. The Buyer – consumer has the right to a reasonable discount even if the Seller cannot deliver a new thing without defects, replace the part or repair the item, as well as if the Seller does not remedy within a reasonable time or if the remedy would cause considerable difficulties to the Buyer – consumer.

6.3 If there is a defect within six months after the receipt of the Goods by the Buyer – consumer, it shall be deemed to have been defective already at the time of acceptance.

6.4 The Buyer´s rights resulting from defective performance are not applicable in case of defects in goods caused by the transport of Goods by the Buyer or by improper handling or assembly carried out by the Buyer.

6.5 The Seller reserves the right to minor technical changes to the sold Goods.

6.6 The right resulting from defective performance does not apply to wear and tear caused by the usual use of the item, inappropriate use or treatment

6.7 The Buyer – consumer is entitled to claim the right resulting from a defect that occurs in the Goods within twenty-four months after the takeover, the Buyer – another entity is entitled to do so within six months after the takeover. For second-hand Goods, the parties negotiate a time limit of twelve months after the takeover to claim defective performance.

6.8 For the Buyer – another entity, in the event of defective performance, it is negotiated differently from the relevant provisions of the Civil Code as follows:

– the occurrence of a repairable defect or repairable defects is always considered to be an insignificant breach of contract, not a significant breach,

– in the event of an insignificant breach of contract, the Buyer – another entity has the right to remove the defect or to a reasonable discount on the purchase price, according to the choice of the Seller,

– in the event of a significant breach of contract, the Buyer – another entity has the right to a reasonable discount on the purchase price or to a withdrawal from the contract.

6.9 If the Customer discovers other than obvious damage to the consignment, which is likely to be caused by the carrier, the procedure in point 6.10 is recommended. If it is obvious that the goods have been damaged, the Customer will write an email with the order identification and a description of the damage to e-shop@czech-jewelry.com no later than 3 business days after the date of the delivery to the Customer. The Customer may not manipulate the shipment and must ensure that the package in which the shipment has been delivered to him/her is retained. At the same time, the Customer will send a photo documentation of the damaged Goods.

6.10 The Seller recommends the Buyer filing a claim to e-shop@czech-jewelry.com , without undue delay. In the text of the complaint, he/she will state the invoice number, contact details, the subject of the claim and the photo documentation of the damaged Goods.

6.11 The Seller decides about the Buyer´s claim within 7 business days. This period shall not include the time appropriate to the type of Goods required for expert judgment of the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of filing the claim, if the Seller does not agree with the Buyer on a longer period of time.

6.12 The Seller shall, in accordance with the provisions of Section 14 of the Buyer-Consumer Protection Act, inform that the Czech Trade Inspection Authority is the relevant body for out-of-court settlement of consumer disputes. More detailed information on the entity can be found at: www.coi.cz.


7. FINAL PROVISIONS

7.1 All contractual relationships are governed by the Czech law.

7.2 These Business Terms become effective on the date of their publication and are decisive in the relevant wording for all orders made on that day and later. The Seller reserves the right to change these Business Terms. New Business Terms wording will be published on the Seller´s rafabo.de website. The validity of the previous Business Terms is cancelled on the date of the publication of the new Business Terms, but this does not affect Purchase Agreements concluded according to the current Business Terms (see the first sentence of this paragraph).

7.3 The Buyer is not entitled, without the Seller’s consent, to assign his/her claim towards the Seller arising from the Purchase Agreement to the third party.

7.4 Special arrangements with the Customer made in the Purchase Agreement take precedence over the provisions of these Business Terms that would be inconsistent with them.


8. PERSONAL DATA PROTECTION

8.1 The Seller processes personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Some Acts, as amended (hereinafter referred to as “ZOOÚ”).

8.2. The Buyer agrees with the processing of the following his/her personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as “personal data”).

8.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of performing rights and obligations according to the Purchase Agreement. If the Buyer does not choose another option, he/she agrees with the processing of personal data by the Seller also for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would make it impossible to conclude a sales contract.

8.4. The Buyer acknowledges that he/she is obliged to state his/her personal data (when ordering from the store web interface) correctly and truthfully and that he/she is obliged to inform the Seller of any change in his personal information without undue delay.

8.5. The Seller may authorise the third party as a Processor to process the Buyer’s personal data. In addition to persons transporting goods, personal data will not be passed on to the third party by the Seller without the prior consent of the Buyer.

8.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.

8.7. The Buyer confirms that the provided personal data is accurate and that he/she has been informed that this is a voluntary provision of personal data.

8.8. In the event that the Buyer believes that the Seller or the Processor (Article 8.5.) carries out the processing of his/her personal data in contrary to the protection of the Buyer’s private and personal life or in contrary to the law, especially if the personal data is inaccurate with regard to the purpose of its processing, he/she may:

 (a) ask the Seller or the Processor for an explanation,

(b) require the Seller or the Processor to remove the resulting condition.

8.9. If the Buyer requests information on the processing of his/her personal data, the Seller is obliged to pass this information to him/her. The Seller is entitled to ask for an adequate reimbursement not exceeding the costs necessary to provide the information for providing the information under the preceding sentence.