General Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") apply to purchases in the online store operated on the website located at the internet address https://www.janvlasak.com/en/eshop/and regulate the mutual rights and obligations of the seller, which is
- Jan Vlasák, ID 69028443, VAT number CZ8001290154, with registered office at Havanská 149/24, 17000, Prague 7 - Bubeneč, e-mail email@example.com, phone + 420 774 935 677;
- and a natural person who enters into a purchase contract outside of his business activity as a consumer (hereinafter referred to as the "buyer").
1.2. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. All contractual relations are concluded in accordance with the legal order of the Czech Republic.
1.3. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
2.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
2.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods.
2.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
2.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
2.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's email address specified in the user account or in the order (hereinafter referred to as "the buyer's email address").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, by email or by phone).
2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email, to the email address of the buyer.
2.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
2.9. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or by email listed in these terms and conditions.
2.10. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
in cash at the seller's premises at Schnirchova 29, Prague 7, 170 00;
in cash on delivery upon delivery of the goods;
by cashless transfer to the seller's bank account No. 670100-2209925310/6210, IBAN CZ76 6210 6701 0022 0992 5310, BIC code BREXCZPPXXX, held at mBank S.A. (hereinafter referred to as "seller's account");
cashless by payment card.
3.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
3.5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
3.6. The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's email address.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. tThe buyer has the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods, while in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's email address firstname.lastname@example.org.
4.2. In the case of withdrawal from the purchase contract according to Article 4.1 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
4.3. In the event of withdrawal from the purchase contract pursuant to Article 4.1 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
4.4. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
4.5. In cases where the buyer has the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
4.6. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
4.7. The buyer acknowledges that he cannot withdraw from the purchase contract in the case of delivery of goods that have been modified according to the buyer's wishes.
4.8. The goods must be returned by the buyer to the seller undamaged, unworn and unmarkedcleaned and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.
5.5. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations.
6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
6.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by him,
6.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
6.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
6.2.4. is the goods in the corresponding quantity, measure or weight and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
6.4. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
6.5. The provisions set out in Article 6.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.
6.6. Rights from liability for product defects are applied to the seller, in person at the address of the establishment, or by phone at + 420 774 935 677, or by email at email@example.com.
6.7. If the goods do not have the characteristics specified in Article 6.2 of the terms and conditions, the buyer can also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. The buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract. If they don't withdraw they buyfrom the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair the goods, he may demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller is unable to deliver new goods without defects, replace its parts or repair the goods, as well as if the seller does not remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the buyer.
6.8. In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller handles consumer complaints via the electronic address firstname.lastname@example.org. The seller will send information about handling the buyer's complaint to the buyer's email address.
7.3. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
7.4. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
7.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection.
8. PROTECTION OF PERSONAL DATA
8.1. Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations, the seller fulfills them by means of a special document.
9. FINAL PROVISIONS
9.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).
9.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
9.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
9.4. All rights to the seller's website, in particular copyright to the content, including page layout, photos, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
9.5. All of the seller's jewelry is copyrighted work. Copying of photographs of these jewels is only possible with the permission of the author.
9.6. Clause on the sale of gold, silver: Except for cases where withdrawal from the contract is expressly agreed upon, the buyer-consumer cannot withdraw from the contract on the sale of gold or silver without giving a reason, as the price of these goods depends on the fluctuations of the financial market independently of the will of the supplier.
9.7. This business conditions take effect on 31 August 2021.
The seller is registered with the hallmarking office, registration number 09543/1.