Terms and Conditions

Czechia Jewels s.r.o., with registered office at Vlárská 329, 683 52 Křenovice, identification number: 09598235, VAT number: CZ09598235, registered in the Commercial Register maintained by the Regional Court in Brno, file number C 119785/KSBR for the sale of goods through the on-line shop located at the Internet address www.katerinablaskova.com

The Terms of Use regulate access to and use of the www.katerinablaskova.com shop. Access to and use of this website and the purchase of products on this website are based on the assumption that you have read, understood and agreed to these Terms of Use.

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of Czechia Jewels s.r.o., with registered office at Vlárská 329, Křenovice, 68352, identification number: 09598235, registered in the Commercial Register kept at the Regional Court in Brno, file number C 119785/KSBR (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.katerinablaskova.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of the independent exercise of his profession.

1.3 Provisions deviating from the terms and conditions may be agreed upon in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the English language. The Purchase Agreement may be concluded in the English language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All content contained on this website, such as works, pictures, photographs, dialogues, music, sounds, videos, documents, drawings, numbers, logos, offers, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, procedures, functions and software (hereinafter referred to as "content") is the property of Czechia Jewels s.r.o., a company with registered office at Vlárská 329, Křenovice, 68352, Czech Republic, and/or "Provider" (www.webnode.cz) and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit the Content in any way, in whole or in part, without the prior express wrote consent of Kateřina Blašková.

2.2 Provider shall have the sole right to permit or prohibit, in its sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative works from the Content or use of the Content in any manner, in whole or in part. Czechia Jewels s.r.o. and/or the Provider shall have the right at any time to claim authorship of any Content posted on this website and to object to any use, misrepresentation or other modification of such Content.

2.3 Any reproduction, disclosure, distribution, display, modification, or creation of derivative works from the Content or use of the Content in any manner for which the Provider has given its express written consent shall be made by you only for lawful purposes and in accordance with all applicable laws. 

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1 All presentation of the Goods placed in the web interface of the Shop is for information purposes only and the Seller is not obliged to enter into a contract of sale in respect of such Goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value-added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. Prices of goods are not adjusted to the buyer's personality based on automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods and the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon the payment of the minimum total purchase price of the goods to be delivered in the amount specified in the web interface of the shop. In the event that the Purchaser partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Purchaser has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Purchaser's right to free transport of the goods shall cease and the Purchaser shall be obliged to pay the Seller for the transport of the goods.

3.4. To order the goods, the Buyer shall fill in the order form on the web interface of the shop. The order form contains in particular information about:

• the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the shop),
• the 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").

3.5. Prior to sending the Order to the Seller, the Buyer is allowed to check and change the input data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the input of data into the Order. The Buyer shall send the order to the Seller by clicking on the "Order with payment obligation" button. The data provided in the order shall be deemed correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.7. 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 electronic mail to the Buyer's electronic mail address.

3.8. The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

3.9. The Seller has adopted a commercial policy; its mission is to sell products through its services and its website only to 'consumers'. A "consumer" is defined as any natural person who acts on www.katerinablaskova.com for a purpose that is not part of their trade, business or profession (if any). If you are not a consumer, please do not use our services to purchase products on www.katerinablaskova.com. The Provider may object to the processing of orders from persons other than consumers and to any order that is not in accordance with the Terms and Conditions and these Terms of Use. For B2B transactions, please kindly contact us via orders@katerinablaskova.com.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale to the Seller in the following ways:

• by wire transfer to the Seller's account No. 2501886603 / 2010, maintained with Fio Bank (hereinafter referred to as the "Seller's account");
• cashlessly via a payment system;
• cashless payment by credit card upon personal collection;

4.2. Together 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 shall also include the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash, on delivery or at a dispatch office, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is due within 2 days of the conclusion of the purchase contract.

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

4.6. The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8. If it is customary in the course of business or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer in respect of payments made under the purchase contract. The Seller shall be liable for value-added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in the electronic form to the Buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from the contract of supply:

• Goods manufactured to the Buyer's requirements or adapted to the Buyer's personal needs,
• perishable goods or goods with a short shelf life, as well as goods which, due to their nature, have been irretrievably mixed with other goods after the delivery,

5.2. If this is not the case referred to in Article 5.1 of the Terms and Conditions or in any other case in which the purchase contract cannot be withdrawn, the Buyer shall have the right to withdraw from the purchase contract within fourteen (14) days from the date on which the Buyer or a third party designated by the Buyer other than the carrier takes delivery of the goods, in accordance with the provisions of Article 1829(1) and (2) of the Civil Code, or:

• the last piece of goods, if the buyer orders several pieces of goods within one order, which are delivered separately,
• the last item or part of a delivery of goods consisting of several items or parts; or
• the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time.

5.3. Withdrawal from the Purchase Contract must be sent to the Seller within the time limit specified in Article 5.2 of the Terms and Conditions For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annexe to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address orders@katerinablaskova.com.

5.4. In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Buyer shall send or hand over the goods back to the Seller without undue delay, at the latest within fourteen (14) days of the withdrawal from the contract. The time limit according to the previous sentence shall be maintained if the Buyer sends the goods before their expiry. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.

5.5. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the seller receives the goods or the buyer proves that he has sent the goods back, whichever is earlier.

5.6. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

5.7. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.8. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.  

6. TRANSPORT AND DELIVERY OF THE GOODS

6.1. In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.

6.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. Upon receipt of 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 notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.

6.5. Further rights and obligations of the parties in the carriage of the goods may be regulated by the seller's special delivery conditions if issued by the seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that the item:

• corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
• is fit for the purpose for which the buyer requires it and to which the seller has agreed; and
• is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

7.3. The Seller shall be liable to the Buyer that, in addition to the agreed features:

• the item is fit for the purpose for which an item of this kind is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
• the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind which the buyer can reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular by advertising or labelling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the contract of sale in a manner at least comparable to that in which it was made or that it could not have influenced the decision to purchase,
• the item is delivered with accessories, including packaging, assembly instructions and other instructions for use which the buyer can reasonably expect; and
• the item corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the contract of sale.

7.4. The provisions of Article 7.4 of the Terms and Conditions shall not apply if the Seller has specifically advised the Buyer prior to the conclusion of the Purchase Contract that a feature of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Contract.

7.5. The Seller shall also be liable to the Buyer for any defect caused by incorrect assembly or installation carried out by or under the responsibility of the Seller pursuant to the Purchase Contract. This also applies if the assembly or installation was carried out by the buyer and the defect is due to a deficiency in the instructions provided by the seller.

7.6. If the defect manifests itself within one year of acceptance, the item shall be deemed to have been defective upon acceptance, unless the nature of the item or the defect precludes this. This period shall not run for the time during which the buyer cannot use the thing if he has rightly pointed out the defect.

7.7. The buyer may complain of a defect which becomes apparent in the goods within two years of acceptance. If the buyer has rightfully complained to the seller about the defect, the period for complaining about the defect does not run for the period during which the buyer cannot use the item.

7.8. If the item has a defect, the buyer may demand its removal. He may, at his option, require the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared with the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.

7.9. The seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the buyer considerable inconvenience, taking into account the nature of the item and the purpose for which the buyer bought the item. The seller shall take over the item at his own expense to remove the defect. If this requires the dismantling of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.

7.10. The buyer may demand a reasonable discount or withdraw from the contract of sale if:

• the Seller has refused to remedy the defect or has not remedied it in accordance with Article 7.13 of the Terms and Conditions,
• the defect appears repeatedly, 
• the defect is a material breach of the purchase contract, or
• it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty for the buyer.

7.11. If the defect of the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Article 7.14 of the Terms and Conditions); it is deemed that the defect of the item is not insignificant. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer proves to him that he has sent the item.

7.12. The defect may be brought against the seller from whom the item was purchased. If, however, another person is appointed to carry out the repair at the seller's place or at a place closer to the buyer, the buyer shall reproach the person appointed to carry out the repair.

7.13. Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. The Seller is obliged to issue a written confirmation to the Buyer when the Buyer submits the claim, stating the date on which the Buyer submitted the claim, what is its content, what method of handling the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.

7.14. The claim, including the rectification of the defect, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the claim unless the Seller and the Buyer agree on a longer period.

7.15. After the expiry of the time limit according to Article 7.18 of the Terms and Conditions, the Buyer may withdraw from the Purchase Contract or demand a reasonable discount.

7.16. The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the claim, or a written justification for the rejection of the claim. This obligation also applies to other persons designated to carry out the repair.

7.17. The Buyer may specifically exercise his/her rights under the liability for defects in the goods in person at the address Václavská 6, Brno, 603 00, by telephone at +420737017423 or by e-mail at orders@katerinablaskova.com.

7.18. who are entitled to the right of defective performance are also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.

7.19. Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.

7.20. The seller or another person may also provide the buyer with a guarantee of quality in addition to his statutory rights under the defective performance.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller's electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address. No other rules for handling complaints are set by the Seller.

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the Seller's public law obligations by means of a separate document.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.

10.2. The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document.

11. SUBMISSION

11.1. The Buyer may be served at the Buyer's electronic address.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.

12.4. A sample form for withdrawal from the contract of sale is attached to the terms and conditions.

12.5. Contact details of the Seller: registered office address Vlárská 329, Křenovice, 68352, e-mail address orders@katerinablaskova.com, telephone +420737017423. The Seller does not provide any other means of online communication. 

Annex No.1: The form for withdrawal from the contract 

The form for withdrawal from the contract   

Recipient:

Czechia Jewels s.r.o.,

ID: 09598235, TAX ID: CZ09598235

Vlárská 329, Křenovice, 683 52

Orders@katerinablaskova.com

I hereby declare that I withdraw from the Purchase Agreement:

Date of conclusion of the Contract:___________________

Name and surname:_______________________________

Address: ________________________________________

E-mail address:___________________________________

Order number: ___________________________________

Return of funds received to this bank account number:_____________________________________________

Date:................................................ Signature:............................................

If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of conclusion of the contract, or, if it is a purchase of goods, within 14 days from the date of receipt of the goods, in case of ordering them via the e-shop of Czechia Jewels s.r.o., ("the Company") or any other means of distance communication, except for the cases referred to in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. In the case of a contract involving several pieces of goods or the delivery of several parts of goods, this period shall not begin until the date of delivery of the last piece or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The Buyer shall notify the Company of such cancellation in writing to the Company's business address or electronically to the e-mail address indicated on the sample form.

If the consumer purchaser withdraws from the contract of sale, he shall send or hand over to the Company the goods he has received from the Company without undue delay, but not later than 14 days after the withdrawal from the contract of sale.

If the consumer purchaser withdraws from the purchase contract, the Company shall refund to the consumer, without undue delay and no later than 14 days after the withdrawal from the purchase contract, all monies (purchase price of the goods delivered), including delivery costs, received from the consumer under the purchase contract in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the Buyer the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the monies received to the Buyer until the Buyer has received the goods back or the Buyer has proved that he has sent the goods to the Company.