General Terms and Conditions

The e-shop www.klenotyprovaznik.cz is registered with the Stamp Office. Valid hallmarks can be found here:

http://www.puncovniurad.cz/cz/znacky.aspx

GENERAL TERMS AND CONDITIONS

FOR THE SALE OF GOODS THROUGH THE ONLINE STORE LOCATED AT THE INTERNET ADDRESS WWW.KLENOTYPROVAZNIK.CZ

these terms and conditions are valid from March 1, 2022

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Provazník Klenoty s.r.o., with registered office at Blatenská 864/75, identification number: 07596316, registered in the commercial register kept at the Regional Court in Ústí nad Labem, file number C 42556 (hereinafter referred to as " the seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.klenotyprovaznik.cz, through a web interface (hereinafter referred to as the "web interface of the store").

1.2. The terms and conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at www.klenotyprovaznik.cz (hereinafter referred to as the "website") and other related legal relationships. The business terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts as part of his business activity when ordering goods.

1.3. Provisions deviating from the business conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. 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 after the effective period of the previous version of the terms and conditions. For individual purchase contracts, the wording of the terms and conditions effective on the day the buyer's order is sent is always decisive. The current terms and conditions are available on the website www.klenotyprovaznik.cz and buyers can access them repeatedly. Older versions of the terms and conditions will be sent to the buyer in electronic form by e-mail upon request.

2. USER ACCOUNT

2.1. Based on the buyer's registration done on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The web interface also allows purchase without registration, so it is at the buyer's discretion whether to register or not. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data listed in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.2. Access to the user account is secured with a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.

2.3. The buyer is not authorized to allow the use of the user account by third parties.

2.4. The seller can cancel the user account, especially if the buyer does not use his user account for a long time, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

2.5. The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax and all related charges. The offer for sale of the goods and the prices of those goods remain valid while 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 negotiated conditions. All offers for the sale of goods placed in the web interface of the store are non-binding, they are not an offer within the meaning of § 1732 of Act No. 89/2012 Coll., Civil Code, and the seller is not obliged to conclude a purchase contract regarding these goods.

3.2. The store's web interface also includes information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

- the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the store's web interface),

- method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

- information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The order is sent by the buyer to the seller by clicking on the "Command 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 e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").

3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.6. 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 e-mail, to the e-mail address of the buyer.

3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions).

3.8. The buyer agrees to the use of means of communication at a distance 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 covered by the buyer himself. Information on the individual technical steps leading to the conclusion of the purchase contract is specified in the terms and conditions (especially Article 3).

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. 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 or by payment card at the seller's premises,

in cash or by payment card on delivery at the place specified by the buyer in the order, via a contractual carrier

by cashless transfer to the seller's account No. 115-8281280227/0100

IBAN: CZ6301000001158281280227

BIC(SWIFT): KOMBCZPP

Account currency: Czech Koruna (CZK)

cashless by payment card via the secure payment gateway of ComGate Payments, a.s., Gočárova třída 1754 / 48b, 500 02 Hradec Králové

4.2. Together with the purchase price, the buyer is also obliged to pay the costs associated with the packaging and delivery of the goods to the seller. Unless expressly stated otherwise, the following refers to the purchase price and the costs associated with the delivery of the goods.

4.3. In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 working days from the conclusion of the purchase contract. If payment is not made within 3 working days, the seller is entitled to cancel this purchase contract. The cancellation of the purchase contract must be in writing by electronic mail to the email address provided by the buyer in the order form.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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.

4.5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the buyer.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, among other things, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the buyer's wishes.

5.2. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 of the Civil Code within fourteen (14) days of taking over the goods . Withdrawal from the purchase contract must be demonstrably sent to the seller within fourteen (14) days of taking over the goods, to the seller's e-mail address eshop@klenotyprovaznik.cz

5.3. In case of withdrawal from the contract according to Article 5 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be sent to the seller within 14 days from the date of sending the withdrawal from the contract to the seller. The cost of returning the goods within the legal period is paid by the buyer. To return goods, the buyer is obliged to use the "Return Form", which is an integral part of the terms and conditions. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging with the original manufacturer's tags. In case of non-compliance with these conditions, the seller is entitled to make a claim according to Article 5.6. these terms and conditions

5.4. Within a period of ten (10) days from the return of the goods by the buyer according to Article 5.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.

5.5. In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the purchase price to the buyer within fourteen (14) days from the date of return of the goods at the latest, by cashless transfer to the account designated by the buyer.

5.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer under the conditions set out in § 1833 of the Civil Code. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for the return of the purchase price in a reasonable amount.

6. CARRIAGE AND DELIVERY OF GOODS

6.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. The goods are delivered only within the Czech Republic. The seller can offer the buyer more than one delivery method, in which case the seller is guided by the method of delivery of the goods selected by the buyer in the order form

6.2. 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. If, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method. In the case of personal collection at the seller's premises, the buyer is obliged to receive the goods within 5 working days. After the expiration of this period, the seller is entitled to withdraw from the purchase contract.

6.3. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements, and any later claim regarding damage to the package of the shipment cannot be taken into account.

6.4. Additional rights and obligations of the parties in the carriage of goods may be governed by the seller's terms of delivery.

7. LIABILITY FOR DEFECTS, WARRANTY

7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular, the provisions of § 2099 et seq. of Act No. 89/2012 Coll., Civil Code).

7.2. The seller is responsible to the buyer for the fact that the thing sold is in accordance with the purchase contract, in particular that it is free of defects. Compliance with the purchase contract is understood to mean that the thing sold has the quality and utility properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility properties usual for a thing of this kind, that it meets the requirements of legal regulations , is of an adequate quantity, measure or weight therein and corresponds to the purpose for which the seller states the use of the thing or for which the thing is ordinarily used.

7.3. In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract, free of charge and without undue delay, as required the buyer according to §2106 of the Civil Code. If it is not a perishable item or a used item, the seller is responsible for defects that manifest themselves as a violation of the purchase contract after taking over the item during the warranty period (warranty).

7.4. The warranty does not apply to a reduction in the life of the goods or defects in the goods caused by inappropriate use, incorrect or insufficient maintenance (e.g. as a result of an inappropriately selected size, use of inappropriate deodorants, excessive sweating, excessive friction of textile and leather parts due to the user's body proportions, contact of the goods with objects with sharp edges such as watches or heavy objects in pockets, etc.). When maintaining the goods, appropriate procedures must be followed according to the nature of the material and the manufacturer's recommendations. In the event of intensive or inappropriate use or insufficient or incorrect maintenance, the product's lifespan may not correspond to its usual lifespan.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the store's web interface.

8.3. When using the web interface of the store, the buyer is not authorized to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that does not affect the rights of other customers of the seller and is in accordance with its purpose.

8.4. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to its intended purpose.

9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES

9.1. The protection of personal data of the buyer, who is a natural person, is provided in accordance with the relevant legal regulations, in particular Regulation of the European Parliament and the EU Council No. 2016/679 of 27 April 2016 and Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The buyer acknowledges that the seller processes the following personal data of the buyer: first and last name, residential address, e-mail address and telephone number (hereinafter collectively referred to as "personal data"), which the buyer communicates to him.

9.3. The buyer acknowledges that the seller processes the buyer's personal data for the purpose of fulfilling obligations from the concluded purchase contract (order records, delivery of goods), to fulfill the seller's legal obligations in keeping accounting and tax records (in the area of taxes and accounting) and for the purpose of protecting rights and the legitimate interests of the seller (enforcing claims from the contract, sending commercial messages to existing customers). The buyer's consent to the processing of personal data for the above purposes is not required.

9.4. The buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about a change in his personal data.

9.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. With the exception of the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

9.6. Personal data will be processed for the period necessary to ensure mutual rights and obligations arising from the concluded purchase contract, and for the purposes of sending commercial messages, then for an indefinite period (until unsubscribing from sending commercial messages). Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer has the right to access his personal data and to correct incorrect, incomplete or out-of-date personal data. The buyer has the right to demand an explanation from the seller if he believes that his personal data is being processed in violation of the law or the protection of his personal life, and if this assumption proves to be reasonable, the buyer is entitled to demand the correction of the defective state. In particular, this may involve blocking, correcting, supplementing, deleting personal data or restricting the processing of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller will remove the objectionable condition immediately. If the seller does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Personal Data Protection directly.

9.8 The seller will provide the buyer with more detailed information about the processing of personal data upon request via the e-mail address eshop@klenotyprovaznik.cz. In the same way, the buyer is entitled to exercise all rights related to the processing of personal data with the seller.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for providing the information according to the previous sentence.

9.10. The buyer can at any time express his disagreement with the sending of commercial communications by the seller, by a written notice sent to the seller by e-mail or post.

10. DELIVERY

10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via a postal service operator (at the sender's choice). It is delivered to the buyer's email address specified in their user account.

10.2. The message is delivered:

in the case of delivery by electronic mail, at the time of its receipt by the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,

in the case of delivery in person or through a postal service operator, by receiving the parcel by the addressee,

in the case of delivery in person or via a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,

in the case of delivery through a postal service operator, after the expiry of a period of ten (10) days from the date of depositing the parcel and giving the addressee a call to take over the deposited parcel, if the parcel is deposited with the postal service operator, even if the addressee did not learn about the deposit.

11. OUT OF JUDICIAL SETTLEMENT OF CONSUMER COMPLAINTS

11.1 The out-of-court settlement of consumer disputes (i.e. especially disputes related to the purchase contract) is the responsibility of the Czech Trade Inspection - the Ústí nad Labem Inspectorate with headquarters in Ústí nad Labem Address: Prokopa Diviše 1386/6, 400 01 Ústí nad Labem-město

Telephone: 222 703 404 The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

12. FINAL PROVISIONS

12.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12.2. The seller is authorized to sell goods on the basis of a trade license and the seller's activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within the scope of its competence.

12.3. 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. Changes and additions to the purchase contract or terms and conditions require written form.

12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. Contact details of the seller: address for delivery: Provazník Klenoty s.r.o., Blatenská 864/74, 43001 Chomutov email address: eshop@klenotyprovaznik.cz phone: 774 111 967

Chomutov - 1.3.2022