These General Business Terms and Conditions (hereafter referred to as the “Terms and Conditions”) apply to contracts concluded through the e-shop KLENOTA at the web interface www.klenota.com (hereafter referred to as the “Web Interface“) by and between our company:
Company: KLENOTA, s.r.o., Bilkova 855/19, Prague 1, Czech republic, ID number: 26286505, TAX ID number: CZ26286505, Registered in the Companies Register kept by the Metropolitan Court in Prague, Section C, insert 125957
Contact address in USA:
KLENOTA Company, 444 Alaska Avenue, Suite #AZL538, Torrance, CA 90503, USA
Contact email address: email@example.com
as the seller
and you as the purchaser.
1. INTRODUCTORY PROVISIONS
1.1. Summary of contents of Terms and Conditions
Subject to the purchase contract, we undertake to deliver the goods specified in the order to you and you undertake to accept the goods and to pay the purchase price to us. The conclusion of the contract requires that you place and we confirm an order (in accordance with clause 2). Information about the prices can be found in clause 3. Payment and delivery methods are listed in clauses 4 and 5 hereof. Information on the option to withdraw from the contract after you accept goods is contained in clause 6 hereof. Warranty claims are governed by our Warranty Terms and Conditions.
1.2. Is this a consumer contract?
A consumer contract is concluded if you are a consumer, i.e. a natural person and you buy goods outside your trade, business or profession. In other cases it is not a consumer contract, and consumer protection laid down in the legislation of the Czech Republic and these Terms and Conditions shall not apply.
1.3. What are our mutual rights and obligations governed by?
By the contract, in the first instance, which comprise the following documents:
- these Terms and Conditions, which set out our mutual rights and obligations;
- Warranty Terms and Conditions, which apply to warranty claims;
- Personal Data Protection Principles, which govern the protection of your
- the conditions and instructions specified in the Web, in particular, when a contract is concluded; the order and our confirmation thereof; and our mutual rights and obligations regarding issues not regulated by the contract shall be governed by the laws of the Czech Republic.
If your residence or registered office is located outside the territory of the Czech Republic, or if our legal relations contain another cross-border element, you agree that our relations shall be governed by the Czech law. If you are a consumer and your national laws provide a higher degree of consumer protection than the Czech laws, then the higher consumer protection shall apply to you.
1.4. How do you give your consent to the Terms and Conditions?
By sending an order and by confirming in the Web Interface, you confirm that you have read and agree to these Terms and Conditions.
1.5. What else should you know about the Terms and Conditions?
Czech hallmarks that certify the purity, i.e. the content of the pure precious metals in alloys, can be found at Hallmarks. If any of the provisions of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, such provision shall be replaced with another provision the purpose of which comes as close as possible to the original. This shall not affect the validity of the remaining provisions. We may change or supplement the wording of the Terms and Conditions from time to time. Your rights and obligations shall always be governed by the wording of the Terms and Conditions effective when they were created. The Terms and Conditions may be changed only in writing.
2. PURCHASE CONTRACT
2.1. How do we conclude the purchase contract?
To conclude a contract, you must send a purchase order in compliance with these Terms and Conditions and we must confirm such order. Please note that the presentation of goods on the Web Interface is illustrative and it is not our offer to conclude a contract pursuant to Section 1732 (2) of the Civil Code.
2.2. How can you place a purchase order?
Purchase orders may be placed through the Web Interface (by completing a form) or using another method which we allow according to the information available on the Web Interface. Purchase orders must contain all the information required in the form. Prior to the purchase order being concluded in an order form, you will be provided with the purchase order summary, incl. the final price (inclusive of all tax, duties and charges). The purchase order summary is the last opportunity to change the details you entered. Binding purchase orders are placed by clicking on the “SEND ORDER” button. The details contained in the binding purchase order shall be considered accurate and complete by us. We kindly ask you to inform us about any changes of such details by telephone or email without delay.
2.3. Can you cancel or change a purchase order that has already been sent?
Purchase orders not yet confirmed by us can be cancelled or changed by email. All purchase orders confirmed by us are binding. Any subsequent cancellation or change of the purchase order is subject to our agreement. If you cancel a purchase order for goods regarding which you cannot withdraw from the contract (for more details go to clause 6), we are entitled to the reimbursement of the costs incurred by us with regard to the contract.
2.4. How are you informed about the order confirmation and when is the contract concluded?
We will inform you that we have received the order. Such information is sent automatically and it is not our confirmation of your purchase order. The purchase contract is concluded when you receive the confirmation of your purchase order from us at your email address indicated by you in the purchase order. If no order confirmation takes place, the contract is concluded when you accept ordered goods.
2.5. Can you get a contract in text form?
The documents which constitute the contract will be sent to you by email, or, at your request, in paper format. If the contract is sent by post, we may request payment of the applicable costs from you. The documents which constitute the contract are archived in electronic format. The contract is not accessible to third parties.
3.1. Can the price on the Web Interface change?
If the price specified for the goods on the Web Interface or during the ordering process no longer applies, we will inform you without delay. Any change of the price occurred between the sending of the order and our confirmation thereof shall not apply to orders already received by us. If we have made a manifest error in the indication of the price on the Web Interface or during the ordering process, we are not obliged to deliver goods to you at this manifestly wrong price.
3.2. Can I combine multiple discounts on goods?
Multiple discounts on goods, if any, may not be combined unless expressly stated otherwise on the Web Interface.
4. PAYMENT TERMS
4.1. What methods of payment do we accept?
We accept the following payment methods, including but not limited to:
- in cash when you collect the goods in person (at our office’s address in Prague);
- by payment card before the goods are delivered or when the goods are collected in person;
- by wire transfer to our account before the goods are delivered (the instructions will be provided to you in the order confirmation);
- by PayPal before the goods are delivered. Any other payment methods and fees relating to some payment methods, if applicable, are specified on the Web Interface.
4.2. When is the purchase price due?
If you pay in cash, the purchase price is due when you accept the goods. In the case of non-cash payments before the goods delivery, the purchase price must be paid within five days from the order confirmation date; the price shall be deemed paid after the relevant amount is credited to our bank account. If we do not receive the purchase price when it becomes due, we reserve the right to withdraw from the contract.
4.3. Can we request an advance payment or prepayment?
You should be aware that pursuant to Section 2119 (1) of the Civil Code we are entitled to request (advance) payment of the price for goods in full (from you) before the goods are sent or delivered to you.
5. DELIVERY TERMS
5.1. How do we ship goods?
The methods of shipment, incl. the costs of shipment, are listed on the Web. You can select the method of shipment in the purchase order. The purchase order shall always indicate the final price, which includes the cost of the shipment.
5.2. When do we deliver goods?
The delivery terms always depend on the availability of the goods and the shipment and payment methods selected by you. We cannot affect the time of delivery of third-party carriers. If you have any issues regarding the time of delivery, do not hesitate to contact us and we will resolve the issue with the carrier. We usually dispatch goods that are in stock within 2 business days from the order confirmation, or from the date on which the payment is credited to our bank account. Ordered goods usually arrive within 1 week, or 2-4 business days if express delivery has been selected. Goods that are not in stock are usually delivered within 2 weeks. Delivery times may be longer in the case of special orders or with respect to custom made goods. For the purposes of these Terms and Conditions, delivery refers to the moment the goods are delivered to you. Your refusal to accept the goods for any reason shall not be deemed as our failure to comply with the obligation to deliver goods or your withdrawal from the contract.
5.3. How should you accept goods?
Check the packaging for tampering before you accept the goods. If you detect
any defects, inform the carrier, and also us, without delay. Your refusal to accept goods with damaged packaging shall be deemed a justified refusal of the goods. The risk of loss, damage or destruction of goods passes to you when you accept the goods (or when you were obliged to accept the goods but you failed to do so in violation of the contract).
5.4. What happens if you do not accept the goods?
If the goods must be delivered repeatedly or in a manner other than agreed for reasons attributable to you, you will be obliged to reimburse the costs of such delivery. If you fail to accept the goods for no reason, we are entitled to the reimbursement of the costs relating to the delivery and storing of the goods, as well as any other costs incurred by us as a result of your failure to accept the goods.
6. WITHDRAWAL FROM PURCHASE CONTRACT
6.1. How can you withdraw from the purchase contract?
You as the consumer may withdraw from the purchase contract without giving any reason within 60 days from the goods acceptance date; if the delivery is divided into several parts, the goods acceptance date means the date when the last delivery is accepted. We recommend you to send the withdrawal notice to our service address together with the goods, or by email and send the goods to our service address immediately after that. Please note that the international certificate sent with some jewellery is part of the goods and if you withdraw from the contract, you are obliged to return such certificate together with the jewellery.
6.2. What are the effects of the withdrawal?
Upon withdrawal from the contract, the contract is void ex tunc and it is deemed as if it had never been concluded. If a gift was provided to you together with the goods, the contract of donation terminates upon the withdrawal from the contract by either party. Send us the gift, together with the returned goods.
6.3. How do you return goods?
You are obliged to return the goods to our service address within 14 days after the withdrawal from the contract.
We recommend you to accompany the returned goods with:
- a copy of the delivery note and invoice (if issued) or another document proving the purchase of the goods;
- a written notice of withdrawal from the contract and of selected method of refund
- your contact address, telephone and email address.
Failure to provide any of the documents mentioned above shall not prevent the recognition of your withdrawal from the contract in compliance with the law.
6.4. When will you get the refund?
All money received by us will be refunded to you within 14 days from the notice of withdrawal. You should be aware of the fact that we are not obliged to give you the refund before you return the goods to us or before you prove that you sent the goods to us. In addition to the purchase price, you are also entitled to the refund of the costs of the goods delivery to you. Even if you selected any options other than the least expensive method of delivery offered by us, we will refund only the costs of delivery in the amount corresponding to the least expensive method of goods delivery. The money will be refunded to you in the same method in which we received it, or in the method required by you. The costs of sending the returned goods to our address are borne by you even if the goods may not be returned by standard mail due to the nature of the goods.
6.5. What if the returned goods are damaged?
When you send the goods, use proper packaging to avoid any damage or destruction of the goods. If we detect that the goods returned by you are damaged, worn out, dirty, or partly consumed, you will be responsible for such decrease in the value of the goods.
6.6. When can you not withdraw from the contract?
You may not withdraw from the contract if it involves the supply of goods which were altered, customized according to your requirements or personalized for you; if the jewellery was altered by another jeweller; or if it is damaged, worn-out or otherwise deteriorated.
6.7. When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- We have not received the purchase price from you when it became due, or you have not accepted the goods.
- The goods cannot be delivered under the original conditions for objective reasons.
- The contract may not be fulfilled for objective reasons or for legal reasons.
If any of the facts mentioned above occur, we will inform you about our withdrawal from the contract without any delay. If you have already paid the purchase price, in full or in part, we will refund the money received by us within five days. Please note that in such case the crediting of the money may be delayed for 2-3 days by the receiving bank).
7. RIGHTS ARISING FROM LIABILITY FOR DEFECTS
Your rights arising from liability for defects are governed by the applicable generally binding legislation of the Czech Republic.
8. ADDITIONAL INFORMATION FOR CONSUMERS
8.1. What licenses do we have to carry out our business activities?
We have a trade license to produce and sell goods. Our business activity is not subject to any other authorization, permit or license. Hallmarking and precious metal assay, as amended, is supervised by the Assay Office.
8.2. How do we deal with complaints?
We deal with complaints through our contact email. Furthermore, you can refer the complaint to the competent supervisory authority.
8.3. What rights do you have in the case of a consumer dispute?
If you are a consumer and there is a dispute arising from the contract between us that we do not manage to resolve amicably, you have the right to appeal to the competent authority for an alternative resolution of the consumer dispute. You can exercise such rights no later than 1 year after the date on which you exercised the right that is the subject of the consumer dispute with us. In order to make a complaint regarding the goods you have purchased from us and to look up an alternative dispute resolution entity, you can use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
9. WEB INTERFACE REGISTRATION
9.1. How can you register on the Web Interface?
Upon the registration through the registration form on the Web Interface, a user account is created. The credentials should be kept secret. We are not responsible for any unauthorized use of the user account by a third party. Information entered during the registration must be accurate and complete. Any account which was created using inaccurate or incomplete details may be cancelled without any compensation. In the case of any changes to your details, we recommend you to change your user account details without any delay.
9.2. What is the user account used for?
You can use your user account to order goods, to view orders and to manage the user account. Other functions of the user account are indicated on the Website.
9.3. When can we cancel the user account?
You should be aware that we have the right to cancel your user account without any compensation if your user account breaches the principles of morality, applicable legislation or these Terms and Conditions.
10. COPYRIGHT PROTECTION, DISCLAIMER OF LIABILITY AND USE OF WEB INTERFACE
10.1. Web content is protected by copyright
The content found on the website on the Web Interface (texts, including these Terms and Conditions, photographs, logos, software, etc.) is our property or property of other parties and is protected by copyright. You may not modify, copy, reproduce, distribute or use such content for any purpose whatsoever without our consent or without the consent of the holder of the copyrights. In particular, it is prohibited to make the photographs or texts found on the Web Interface accessible, whether paid or not. The names and designations of the products, goods, services, companies and organizations may constitute registered trademarks of the relevant holders.
10.2. Disclaimer of liability and use of the Web Interface
We are not liable for any errors arising as a result of third party intervention with the Web or as a result of its use contrary to its intended use. When you use the Web, you must refrain from any actions which may disturb the system functioning or put unreasonable strain on the system.
If you commit any unlawful conduct or impropriety when using the Web, we are authorized to limit, suspend or terminate your access to the Web without any compensation. In such case, you are also obliged to indemnify us in full for the damage demonstrably incurred by us as a result of your conduct in accordance with this paragraph. Please note that upon clicking on some of the links on the Web, you may leave the Web and be forwarded to third-party websites.
These Terms and Conditions are valid and effective from 16 May 2018.