Business conditions of Kleinod Svatební dům Praha s.r.o.
1. GENERAL PROVISIONS
1.1. These terms and conditions of business company Kleinod Svatební dům Praha s.r.o. with registered office at Pouchova 348, Prague 4, 149 00, ID number: 27617971, registered in the commercial register kept at the Municipal Court in Prague, section C, folder 119269, regulated in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code mutual the rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract concluded between the seller through and another physical online store of the seller kleinod.cz.
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.
1.3. The business relationship between the seller and the buyer, who is not the final consumer, is resolved according to individually agreed conditions. This means that the seller is entitled to unilaterally refuse to conclude a purchase contract. He informs the buyer of this fact in writing to his email address specified in the order.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All presentation of goods placed on the kleinod.cz web interface is informative and the seller is not obliged to enter into a purchase contract regarding these goods.
2.2. The buyer’s order made through the kleinod.cz online stores or by phone is a binding proposal by the buyer to conclude a purchase contract with the seller. The seller will immediately confirm receipt of the order by email to the email address specified by the buyer in the order, and this confirmation is not an acceptance of the seller’s proposal to conclude a purchase contract.
2.3. The buyer has the right to cancel the order, i.e. withdraw his proposal to conclude a purchase contract, without any penalties until the moment the goods are shipped. The buyer is obliged to notify the seller of the cancellation of the order by email or phone.
2.4. The purchase contract is concluded by the seller’s acceptance of the proposal for the conclusion of the purchase contract, whereby acceptance is considered to be the sending of the seller’s goods to the buyer or the seller’s explicit acceptance via email.
2.5. Prices of goods and services (e.g. postage) listed on the web interface are in CZK according to applicable legislation.
2.6. 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 for internet connection, telephone calls) are paid by the buyer himself.
2.7. The purchase contract is concluded in the Czech language and is archived by the seller for the purpose of its proper performance and is not accessible to third parties.
3. 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:
a) cashless by payment card at the place specified by the buyer in the order;
b) in cash at the seller’s counters;
c) cashless by payment card at the seller’s outlets;
d) cashless by transfer to the seller’s account;
e) cashless by payment card;
3.2. For goods produced directly at the customer’s request (custom production), the buyer is obliged to pay the seller an advance of 30% of the sales price in advance. This deposit is non-refundable.
3.3. Together with the goods, the seller sends the buyer a proof of sale, which, however, does not serve as a tax document. The seller sends the tax document at the buyer’s written (email) or telephone request.
4. TRANSPORT AND DELIVERY OF GOODS
4.1. The cost of postage and packaging is borne by the buyer according to the method he chose when ordering the goods. These costs are governed by the prices listed on kleinod.cz.
4.2. 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. 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 unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
4.3. 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. WITHDRAWAL FROM THE CONTRACT
5.1. In accordance with § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract without giving a reason, within fourteen (14) days of receiving the goods. Withdrawal from the purchase contract must be sent to the seller within this period via email or in writing to the seller’s address, and the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions.
5.2. In case of withdrawal from the contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract by the buyer. If the buyer withdraws from the contract, the buyer bears the costs associated with returning the goods (e.g. transport), even if the goods cannot be returned due to their nature by the usual postal route.
5.3. In the event of withdrawal from the contract, the seller will return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same way as he received them from the buyer, unless he expressly agrees with the buyer on another method, in which the buyer will not incur any additional costs. The seller is not obliged to return the money received by the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.4. In accordance with § 1832 of the Civil Code, the buyer is entitled to a refund of the funds associated with the transportation of the goods (postage) upon their acquisition (not a refund). However, this claim is only in the amount of the cheapest variant offered by the seller (even if the buyer chose a more expensive method of transport when placing the order), while personal collection cannot be considered such a method of delivery.
5.5. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
a) for the delivery of goods that have been modified according to the wishes of the consumer or for his person (custom production);
b ) on the delivery of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery; c) on the delivery of goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons;
d) about the delivery of an audio or video recording or a computer program, if it violated their original packaging.
5.6. The buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the goods and is entitled to unilaterally offset this claim against the buyer’s claim for a refund of the purchase price.
5.7. If a gift is provided to the buyer together with the goods, the gift contract is concluded between the seller and the buyer with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract ceases to be effective and the buyer is obliged to return the gift to the seller together with the goods.
5.8. The seller is entitled to withdraw from the purchase contract at any time until the goods have been accepted by the buyer. In such a case, the buyer will be informed of this via email to the address specified in the order and will return the purchase price to the buyer without undue delay.
5.9. Purchased vouchers cannot be exchanged for a monetary amount. Any difference in the price of the selected goods and the value of the voucher is not refundable.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The seller is responsible to the buyer for the fact that the goods are free of defects upon acceptance and that at the time the buyer took over the goods:
a) the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the seller or the manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them; ) 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;
d) the goods are in the appropriate quantity, measure or quality; regulations.
6.2. Provisions mentioned in Article 6.1. of these terms and conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed. In the case of used goods, for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or if this results from the nature of the goods.
6.3. The buyer’s right from defective performance is based on a defect that the goods have upon acceptance by the buyer. If a defect becomes apparent within six (6) months of receipt, it is considered that the goods were already defective upon receipt.
6.4. If defective performance is a substantial breach of the contract, the buyer has the right:
a) to eliminate the defect by delivering a new item without defect or by supplying the missing item;
b) to eliminate the defect by repairing the item;
c) for a reasonable discount from the purchase price;
d) for withdrawal from the contract.
6.5. The buyer shall inform the seller which right he has chosen upon notification of a defect or without undue delay after notification of a defect. The buyer cannot change the choice made without the consent of the seller.
6.6. Rights from defective performance are exercised by the buyer at the seller. The current address for exercising the right from defective performance can be found on the store’s website.
6.7. The 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: www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
These terms and conditions are valid from September 30, 2024