These General Terms and Conditions (hereafter referred to as “Terms and Conditions”) apply to contracts entered into through the KLENOTA online store on the website www.klenota.com (hereafter referred to as “Website“) between
KLENOTA, s.r.o., Bilkova 855/19, Prague 1, Czech republic,
Company ID number: 26286505
TAX ID number: CZ26286505
Registered in the Companies Register kept by the Metropolitan Court in Prague, Section C, insert 125957
Mailing address: Bílkova 855/19, Staré Město, 110 00 Prague 1, Czech Republic
Telephone number: +420 603 219 313
Contact email: email@example.com
as the seller
and you as the purchaser.
- Introductory provisions
- Purchase contract
- Gift cards
- Return and refund policy
- Rights arising from liability for defects
- Additional information for consumers
- Website registration
- Copyright protection, liability and website use
1. INTRODUCTORY PROVISIONS
1.1. Summary of Terms and Conditions
Through a purchase contract, we undertake to deliver the goods specified in the order (hereafter referred to as “Goods”) to you and you undertake to accept the goods and to pay us the purchase price. In order to enter into a purchase contract, you need to make an order and we need to accept this order (in accordance with clause 2 of these Terms and Conditions). Information about prices is in clause 3. Payment and delivery methods are listed in clauses 4 and 5. Information on our return and refund policy after you accept the goods and any rights to cancel the purchase contract is in clause 7. Warranty claims are governed by our Warranty Terms and Conditions.
1.2. Consumer contract criteria
A consumer contract is deemed to have been entered into if you are a consumer, i.e., a person (as opposed to an entity) and you purchase the goods unconnected to any self-employed occupation you might have or outside of any other business or profession activity you carry out. Where this is not the case, the purchase contract is not deemed to be a consumer contract, and the consumer protections set out in the legislation and in these Terms and Conditions shall not apply.
1.3. What governs our mutual rights and obligations
First and foremost, there is the purchase contract made up of the following:
- These Terms and Conditions, which set out our mutual rights and obligations.
- Our Warranty Terms and Conditions, which apply to any warranty claims.
- The Personal Data Protection Policy which regulates the protection of your personal information.
- Any conditions and instructions specified on the Website, in particular, at the time a purchase contract is entered into.
- Our acceptance of an order made through the Website.
When it comes to matters not regulated by the purchase contract, our mutual rights and obligations are governed by the laws of the Czech Republic, in particular the following legislation:
- Act no. 89/2012 Coll., of the Civil Code as amended (hereafter referred to as “The Civil Code”)
- The Consumer Protection Act no. 634/1992 Coll., as amended (only if you are a consumer)
If your residence or registered office is located outside the Czech Republic, or if there is a cross-border element to our mutual legal relationship, you agree that our relationship shall be governed by the laws of the Czech Republic. If you are deemed to be a consumer and your national laws provide a higher level of consumer protection than Czech laws, then this higher level of consumer protection shall apply to you.
1.4. How you give your consent to the Terms and Conditions
By making an order and by confirming on the Website that you have read and agreed to these Terms and Conditions.
1.5. Anything else you need know about these Terms and Conditions
Czech hallmarks that certify purity, i.e., the proportion of pure precious metals in alloys, can be found on our page about hallmarks.
In the event that any of the provisions of these Terms and Conditions are (or become) invalid, ineffective or inapplicable, such provisions shall be replaced with other provisions whose purpose comes as close as possible to the original provisions. 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 that was effective at the time your rights and obligations arose. The Terms and Conditions can only be changed in writing.
2. PURCHASE CONTRACT
2.1. Entering into a purchase contract
To enter into a purchase contract, you must make a purchase order in compliance with these Terms and Conditions, and we must accept this order. Please note that the Goods presented on the Website are of an illustrative nature only and do not in, and of themselves represent an offer from us to enter into a purchase contract pursuant to Section 1732, par. 2 of The Civil Code.
2.2. How to make a purchase order
Purchase orders may be made through the Website (by completing a form) or through another method which we allow, as per the information available on the Website. Purchase orders must contain all the information required in the form.
Before the purchase order is submitted through the order form, you will be shown a summary of it, including the final price (inclusive of all taxes, duties and charges – unless the Goods are shipped outside the EU, in which case any additional taxes, duties and charges are not included in the price). This purchase order summary is your last opportunity to change any details entered.
A binding purchase order is made by clicking on the “CONFIRM ORDER” button. The details contained in a binding purchase order shall be considered accurate and complete by us. We ask that you please advise us of any changes to such details via phone or email without delay.
2.3. Canceling or changing a purchase order that has already been sent
Purchase orders which have not yet been accepted by us can be canceled or changed by contacting us over the phone or email. All purchase orders accepted by us are binding. Any subsequent cancelation or changes to the purchase order is subject to our agreement only. If you cancel a purchase order for Goods when it is no longer possible to do so (further details in clause 7 of these Terms and Conditions), we are entitled to be reimbursed by you for costs we have already incurred in relation to the contract.
2.4. Order confirmation
We will advise you that we have received your order. Such information is sent automatically and it does not represent our acceptance of your purchase order.
A purchase contract is entered into when you receive confirmation from us to the email address you provided in the order. If no order confirmation takes place, the contract is entered into at the time you receive the ordered Goods.
2.5. Obtaining a printed version of the contract
The documents which make up the contract will be sent to you by email, or, at your request, in printed form. If the contract is sent by post, we may request payment from you for the costs incurred.
We archive the contract documents in electronic format. The contract is not accessible to third parties.
3.1. Price changes on the Website
If the price specified for the Goods on the Website or during the order process is outdated, we will immediately notify you of the change. If a price change occurred after an order was created but was not yet accepted by us, the price change will not be reflected in the order.
If we have made a patently manifest error in the price quoted on the Website or during the order process, we are not obliged to provide the Goods to you at this manifestly incorrect price based on the apparent legality of our actions according to Section 552 of The Civil Code, or based on cases involving error, specified in Section 571 of The Civil Code.
3.2. Combining multiple discounts on Goods
Any applicable discounts on Goods may not be combined unless expressly stated otherwise on the Website.
4.1. Accepted methods of payment
We accept the following payment methods:
- Cash, when you collect the Goods in person at our studio in Prague
- Payment cards, before the Goods are shipped or at the time the goods are collected in person
- Bank transfer to our account before the Goods are shipped (the instructions will be provided to you in the order confirmation)
- PayPal, before the Goods are shipped
Any other payment methods, and where applicable, fees relating to them, are specified on the Website.
4.2. When the purchase price is due to be paid
If you pay in cash, the purchase price is due when you receive the Goods. With electronic payments, before the Goods are shipped out, the purchase price must be paid within five days from the date the order is accepted. The price is deemed to be paid at the point the funds are received in our bank account. If we do not receive the purchase price by the due date, we reserve the right to cancel the purchase contract.
4.3. Requiring a deposit or payment in advance
Please bear in mind that pursuant to Section 2119, Paragraph 1 of The Civil Code, we are entitled to request full (or partial) payment of the purchase price for the Goods from you before they are shipped or handed over to you. With engagement rings and made to order jewelry, we require a deposit equivalent to 50% of the price of the Goods. When it comes to jewelry customizations made based on individual requests, we require a minimum 20% deposit of the price of the Goods.
4.4. Issuing tax invoices and receipts in accordance with the Electronic Records of Sales
By agreeing to these Terms and Conditions, you consent to us issuing a tax invoice in accordance with Act No. 112/2016 Coll., on the registration of sales, as amended, in an electronic format. We are required to issue an invoice to you and to register the funds received with the tax office online; in the event of a technical failure, at the latest within 48 hours.
4.5. Price rounding on products
There may be a small difference between the price displayed on the website and the amount shown on the invoice. The reason for this is that prices displayed online have been rounded up to the nearest two decimal places to take into account the conversion from Czech crowns. However, you will always see and pay the exact unrounded amount at checkout.
5.1. Shipping methods
The shipping methods (including shipping costs) are listed on the Website on our Shipping & Payment page. A specific shipping method can be selected at the time you make your order.
The purchase order will always specify the final price including shipping costs. For deliveries outside the European Union, the final price does not include any additional duties or taxes.
The contact details entered in the order (your address, a contact person, telephone number) are passed on to the shipping companies. We are not required to verify the completeness and accuracy of this information, so you are fully responsible for the accuracy of the information provided.
5.2. Delivery timeframes
The delivery timeframe is always dependent on the availability of the Goods as well as the shipment and payment methods selected by you. We cannot affect the delivery timeframe of third-party shipping companies. In the event of any issues regarding delivery timeframes, please contact us and we will deal with the shipping company regarding the issues.
We usually dispatch Goods that are in stock within 2 business days from the time the order is accepted (when sending goods on a “Cash on Delivery” basis or with personal pick up), or with electronic payments, from the date when payment is credited to our bank account.
Goods that are not in stock are usually dispatched within 2 or 3 weeks. In exceptional circumstances or with custom made Goods, the dispatch timeframe may be longer. For custom made jewelry (in particular engagement and wedding rings) or for customized jewelry, dispatch timeframes may also be affected by our production capacity and current workload. We will advise you of the dispatch timeframe.
Delivery of the Goods is defined in these Terms and Conditions as the moment when the Goods are physically delivered to you. If you unreasonably refuse to accept the delivery of the Goods, this shall not be deemed as a failure on our part to deliver the Goods to you or a cancelation of the contract on your part.
You acquire ownership of the Goods when you have paid the purchase price in full.
5.3. Accepting the Goods
At the time you receive the Goods, check that the package has not been tampered with. If you detect any defects, notify us and the shipping company immediately. Your refusal to accept Goods with damaged packaging will not be deemed as an unjustified refusal of the Goods.
From the moment you take possession of the Goods (or from the moment you were obliged to take possession of the Goods but failed to do so in breach of the contract), all liability for accidental damage, destruction or loss of the Goods passes to you.
5.4. Refusal to accept the Goods
If, for any reason on your part, it is necessary to repeatedly deliver the Goods to you or to deliver them in a manner other than that which has been agreed upon, you are required pay the costs associated with such delivery.
In the event that you do not accept the delivery of the Goods without a valid reason, we are entitled to compensation for the costs of delivery and storage of the Goods as well as any other costs we incur as a result of your refusal to accept the Goods.
In situations where a cash on delivery payment or personal collection is required, we are furthermore entitled to cancel the contract. However, if you have already paid the purchase price for the Goods (in the event of payment before delivery of the Goods), we are furthermore entitled to proceed with the sale of the Goods in our own right pursuant to Section 2126 of the Civil Code.
6. GIFT CARDS
6.1. How to redeem a gift card
To redeem a gift card in electronic or paper form you must enter the unique numeric code from the card into the box that appears after clicking "Enter a discount code or redeem a gift card", which is located on the My Shopping Bag page, above the Checkout button. The gift card can also be redeemed in person at our store. To redeem it, you must have the card with you or know its unique numeric code.
The gift card contains, among others, the following information:
- The value of the gift card, an amount of your choice as indicated in your order
- Our identification information
- The expiry date of the gift card
- A unique numerical gift card code
- Information on the way the gift card can be redeemed
6.2. Restrictions on the use of a gift card
A gift card can only be redeemed once. The gift card is transferable to another person. A person who presents a validly acquired gift card has the same rights as the person who purchased the gift card. The expiry date of the card (the period when it can be redeemed) is specified on the particular card itself. The gift card may be redeemed no later than the date of expiry.
The gift card’s date of expiry cannot be extended. The card cannot be exchanged for money.
6.3. When we can refuse a gift card
Please note that the following situations we may refuse to accept a gift card:
- The gift card has already expired
- The gift card has already been used
7. RETURN AND REFUND POLICY AND OUR RIGHT TO CANCEL THE PURCHASE CONTRACT
7.1. Return policy
As a consumer, you may return the Goods without giving any reason at all within 60 days from the date of receipt of the Goods; if the order shipment has been split into several separate shipments, then from the date of receipt of the last shipment. For Goods purchased in the pre-Christmas shopping period from 1 October to 23 December, this period is extended to 100 days. We recommend using our Returns form in order to notify us of your wish to return the Goods. Please send the Returns form together with the Goods to our mailing address or send the form to us by email and immediately after send the Goods to our mailing address.
Please note that the international certificate of authenticity sent with some jewelry, as well as the gift box, form part of the Goods and in the event that you decide to return the Goods, you are obliged to return this certificate and the gift box along with the jewelry.
In the event that you do not return these parts of the Goods, we shall be entitled to charge you for the cost of restoring the jewelry packaging to its original condition as well as the costs incurred in having the certificate reissued. The cost of restoring the Goods to their original condition is usually a minimum of CZK 250 and the cost of obtaining a new certificate is a minimum of CZK 1,400.
7.2. The effects of returning the Goods on the purchase contract
By returning the Goods, the purchase contract is canceled in its entirety and it is treated as if it had never been entered into.
7.3. How to make a return
Our return policy is also explained on our Returns & Exchanges page.
You are required to return the Goods to our mailing address, or to any of our premises, or our registered head office within 14 days of the date you notify us of the fact that you wish to return the Goods. Please do not send the Goods via cash on delivery since we are not required to accept them in this manner. We recommend using an international courier service and insuring the Goods up to their value when shipping the jewelry back to KLENOTA.
We recommend that you also include the following with the returned Goods:
- A copy of the shipping note and invoice (if issued) or other proof of purchase for the Goods
- A written statement including your contact details and notifying us that you wish to return the Goods and the refund method you would like (we recommend using our Return form)
Failure to provide any of the documents mentioned above shall not prevent the processing of your refund request in compliance with the law.
7.4. Receiving a refund
All payments received by us will be refunded to you within 14 days from the date you notify us of your intent to return the Goods. Please note however, that we are not obliged to initiate a refund until you have returned the Goods to us or until you provide proof that you have shipped the Goods to us.
The payment for the Goods will be refunded to you in the same way we received it unless you request a refund through a different method.
You are responsible for the return shipping costs, even when the Goods cannot be returned by standard postal services due to their nature (jewelry). These costs are non-refundable.
7.5. Damaged returns
When you ship the Goods, please wrap them in appropriate packaging to avoid damaging or destroying them. If we discover that the returned Goods are damaged, dirty, have been worn or in some way used, you will be liable to us for their decline in value.
7.6. When the Goods cannot be returned
Pursuant to Section 1837 of the Civil Code, it is not possible to return the Goods and withdraw from the purchase contract if:
- The Goods have been modified in some way according to your individual requirements and wishes (this applies in particular to jewelry size adjustments, including the first free ring resizing, but also engraving, change in earring closure, or non-standard ring sizes). Find out more on our Customized jewelry page.
- You purchased a gift card. A gift card is not considered to be Goods, rather it is considered to be a service since it entitles you to purchase Goods for its value. Therefore, although you are legally able to request a refund in respect of a gift card within 14 days of its delivery, this right has expired (or expires) if you have already redeemed the voucher within that period, as the service has already been used by you and with your consent.
7.7. Our right to cancel the purchase contract
We reserve the right to cancel 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 delivery of the Goods.
- The Goods cannot be provided under the original conditions for reasons outside our control (mainly because the Goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.).
If any of the above occur, we will inform you of the fact that we have canceled the contract without delay.
If you have already paid the purchase price, in full or in part, we will refund the payment we have received within 14 days of the date we cancel the contract (but usually within 5 days), electronically to the account details that you provide to us for this purpose or to the account which you made the payment from. If you paid by card, we will refund you in the same way. Please note that in this case, the crediting of funds to your account may be delayed by 2–3 days by your bank.
8. RIGHTS ARISING FROM LIABILITY FOR DEFECTS
Your rights arising from defective Goods are governed by the applicable legislation (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When you exercise your rights arising from defective Goods, we will proceed in accordance with our Warranty Terms and Conditions.
9. ADDITIONAL INFORMATION FOR CONSUMERS
9.1. Business authorizations
We are authorized to sell goods on the basis of a business license. Our activities are not subject to any other authorizations.
We handle any complaints via our contact email. In the event of a complaint, you can also contact the relevant business license office or the Czech Trade Inspection Authority.
Any compliance checking associated with Act No. 539/1992 Coll., on hallmarks and the testing of precious metals, as amended, is carried out by the government Assay Office (www.puncovniurad.cz).
9.3. Consumer dispute rights
If you are a consumer and a dispute arises from the purchase contract between you and us that we do not manage to resolve mutually, you have the right to take your dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; website: www.coi.cz; email: firstname.lastname@example.org; telephone: +420 296 366 360) or to the Czech Consumer Association z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové; website: www.konzument.cz; email: email@example.com; telephone: +420 495 215 266) in order to settle any consumer dispute out of court. You may exercise this right within one year from the date on which you first exercised the right which is subject of the consumer dispute with us.
You can also use the online platform set up by the European Commission at: www.ec.europa.eu/consumers/odr/ to lodge a complaint regarding Goods you have purchased from us and to find an alternative dispute resolution entity.
10. WEBSITE REGISTRATION
10.1. How to register on the Website
A user account is created when you register via the registration form on the Website. Please keep the access details to the user account secret. We are not liable for any misuse of the user account by a third party.
By completing the registration form, you grant consent to the processing of the personal data entered. The information provided during registration must be accurate and complete. We may terminate without any compensation any account where false or incomplete information was provided in order to create the account. In the event of changes to your details, we recommend that you amend them in your user account without delay.
10.2. Purpose of the user account
The user account allows you to order Goods, track orders and manage the account itself. Any other functions of the user account are outlined on the Website.
10.3. Cancelation of the user account
Please note that we have the right to cancel your user account without any compensation if your account usage is contrary to the accepted principles of morality, breaches applicable legislation or these Terms and Conditions.
11. COPYRIGHT PROTECTION, LIABILITY AND WEBSITE USE
11.1. Copyright protection of our Website content
The content of the web pages located on the Website (texts including Terms and Conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose whatsoever without our consent or the consent of the copyright holder. In particular, you are prohibited from making available, free of charge or for consideration, any photographs or text on the Website.
The names and descriptions of products, Goods, services, Companies and organizations may be registered trademarks of their relevant owners.
11.2. Liability disclaimer and Website use
We are not liable for any errors resulting from third party interference with the Website or as a result of Website use which is contrary to its intended use. When you use the Website, you must refrain from any actions which may interfere with its functioning or which put an unreasonable load onto its system.
If you engage in any unlawful or unethical conduct while using the Website, we are authorized to restrict, suspend or terminate your access to the Website without any compensation. In such cases, under this paragraph you are furthermore required to reimburse us in full for any damage proven to have been caused by your conduct.
Please note that by clicking on some links on the Website, you may leave the Website and be redirected to third party websites.
These Terms and Conditions are valid and effective from March 5, 2021.