Terms and conditions
These general terms and conditions (the "terms and conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012
Coll., Civil Code (the "Civil Code")
- SINCOM - Gems Investment Company a.s.
- IČO: 090 85 840
- DIČ: CZ 090 85 840
- registered at: Tovačovského 92/2, 130 00 Praha 3 - Žižkov
- registered with the Commercial Register maintained by the Municipal Court in Prague, section "B" insert 25252
- contact details:
- email: firstname.lastname@example.org
- phone: +420 735 511 811
- These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of their business activity as a consumer, or as part of their business activity (the "buyer") through a web interface located on a website available on the website at www.goldendiva-jewellery.com (the "online store").
- The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in the Czech language.
Information on goods and prices
- Information about the goods, including the listed prices of the individual goods and their main properties, is listed for the individual goods on the online store catalogue. The prices of the goods include the value added tax, all related fees and costs for returning the goods, if the goods by its nature cannot be returned by the usual postal route. The product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
- The entire presentation of the goods listed in the online store catalogue is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information on the costs associated with packaging and delivery of goods is published on the online store. The information on the costs associated with the packaging and delivery of the goods listed on the online store is valid only in cases where the goods is delivered within the territory of the Czech Republic.
- Any discounts from the purchase price of the goods cannot be mutually combined, unless the seller and the buyer agree otherwise.
Order and conclusion of a purchase contract
- The costs incurred by the buyer when using the means of communication at a distance in connection to the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer themselves. These costs do not differ from the base rate.
- The buyer orders goods in the following ways:
- through their customer account, if they have previously registered at the online store,
- by filling out the order form without registration.
- When placing an order, the buyer selects the goods, the number of pieces, the method of payment and the means of delivery.
- Prior to sending the order, the buyer is allowed to check and change the data they entered into the order. The buyer sends the order to the seller by clicking the "order" button. The data listed in the order is deemed correct by the seller. The condition for the validity of the order is filling all mandatory data in the order form and a confirmation from the buyer that they have acquainted themselves with these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receiving the order to the email address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the order has been accepted by the seller. The notification of accepting the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of the receipt of the order to the email address the buyer entered when placing the order. This confirmation is considered as the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.
- In the event that the seller cannot fulfil any of the requirements stated in the order, they will send the buyer an amended offer to their email address. The amended offer is considered to be a new draft of the purchase contract, and in such case, the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller at their email address specified in these terms and conditions.
- All orders accepted by the seller are binding. The buyer can cancel the order before the buyer receives a notification of acceptance of the order from the seller. The buyer can cancel the order by phone to the seller's phone number or email listed in these terms and conditions.
- In the event of there being an obvious technical error on the part of the seller when indicating the price of the goods at the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their e-mail address. The amended offer is considered a new draft of the purchase contract, and in such case, the purchase contract is concluded by the confirmation of acceptance by the buyer to the seller's email address.
- Based on the buyer's registration at the online store, the buyer can access his or her customer account. The buyer can order goods from his or her customer account. The buyer can also order goods without registration.
- When registering a customer account and when ordering goods, the buyer is obligated to enter all data correctly and truthfully. The buyer is obligated to update the data specified in the customer account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered to be correct by the seller.
- Access to the customer account is secured by a username and a password. The buyer is obligated to maintain confidentiality regarding the information necessary to access his or her customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not authorized to allow the use of the customer account to third parties.
- The seller can cancel the customer account, especially in cases where the buyer no longer uses his or her user account, or if the buyer violates his or her obligations under the purchase contract or these terms and conditions.
- The buyer acknowledges that the customer account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
Payment conditions and goods delivery
- The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- cashless transfer to the seller’s bank account no. 1387864624/2700 maintained by UniCredit Bank a.s. - Praha
- cashless using a credit card,
- by a cashless transfer to the seller's account via the ShoptetPay / Pays payment gateway
- Together with the purchase price, the buyer is obligated 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 also includes the costs associated with the delivery of the goods.
- In case of cash payment, the purchase price is payable upon the receipt of the goods. In case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
- In case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.[S16]
- In case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
- The seller does not require any advance payment or other similar payment from the buyer. The payment of the purchase price before the shipment of the goods is not a deposit.
- According to the Act on Registration of Sales, the seller is obligated to issue a receipt to the buyer. Simultaneously, he is obligated to register the received sale online with the tax administrator, in the event of a technical failure, within 48 hours at the latest
- The goods is delivered to the buyer:
- to the address specified by the buyer in the order
- via the parcel drop-off point to the drop-off address specified by the buyer,
- by a personal collection at the seller's premises, if this is operated by the seller
- The choice of delivery method is made during the ordering of the goods.
- The costs of delivering the goods, depending on the means of shipping and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. In case the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obligated to deliver the goods to the place specified by the buyer in the order, the buyer is obligated to take over the goods upon delivery. If, for reasons on the buyer’s part, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
- When taking over the goods from the carrier, the buyer is obligated 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 an unauthorized intrusion into the shipment, the buyer does not have to take over the package from the carrier.
- The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.
- The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but no sooner than by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of taking over of the goods or at the time when the buyer had the obligation to accept the goods but did not do so in violation of the purchase contract.
Withdrawal from the contract
- A buyer who concluded a purchase contract outside of his or her business activity as a consumer has the right to withdraw from the purchase contract.
- The deadline for withdrawing from the contract is 14 days
- from the day of taking over the goods,
- from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
- from the date of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
- on provision of services, if they were fulfilled with his or her prior expressed consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case, he or she does not have the right to withdraw from the contract,
- on the delivery of goods or services, the price of which depends on fluctuations in the financial market, independent to the will of the seller, and which may occur during the withdrawal period,
- on the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
- on the delivery of goods that have been modified according to the wishes of the buyer or for his or her person,
- on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
- on the delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons it is not possible to return,
- on the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
- on the delivery of newspapers, periodicals, or magazines,
- on the delivery of digital content, if it was not delivered on a physical medium and was delivered with a prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such case, he or she does not have the right to withdraw from the contract,
- in other cases specified in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
- The buyer who withdrew from the contract is obligated to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
- If the buyer withdraws from the contract, the seller will return to him or her immediately, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, that he received from him or her, in the same way. The seller will return the received money to the buyer in a different way only if the buyer agrees and if it does not incur additional costs.
- If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
- If the buyer withdraws from the purchase contract, the seller is not obligated to return the received funds to the buyer before the buyer returns the goods to him or proves that he or she has sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally count the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns all funds within 14 days from the notification of withdrawal from the purchase contract, including delivery costs, which he received from him or her under the contract, in the same way, or in a way specified by the buyer.
Rights from defective performance
- The seller vouches to the buyer for the goods to be free of defects upon receipt. In particular, the seller vouches to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties or, in the absence of an agreement, they have the properties described by the seller or manufacturer or such that were expected by the buyer, taking into account the nature of the goods and their advertising,
- the goods are suitable for the purpose that the seller states to be their use or for which the goods of this type are usually used,
- 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,
- the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
- The seller has obligations from faulty performance at least to the extent of which the manufacturer's obligations from faulty performance exist. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
- If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from faulty performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
- The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to the wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of the take-over by the buyer, or those arising from the nature of the goods. The right from faulty performance is not pertaining to the buyer, if he or she knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself or herself.
- In the event of a defect, the buyer can submit a claim to the seller and demand:
- an exchange for new goods,
- to repair the goods,
- a reasonable discount from the purchase price,
- to withdraw from the contract.
- The buyer has the right to withdraw from the contract:
- if the goods have a significant defect,
- if he or she cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
- due to multiple product defects.
- A material breach of contract is such a breach where the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
- With a defect resulting in an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or to a reasonable discount from the purchase price.
- If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, to exchange the goods or to withdraw from the contract.
- When lodging a complaint, the buyer is obligated to tell the seller which right he or she has chosen. A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his or her right from a material breach of contract in time, he or she has the same rights as in case of a non-material breach of contract.
- If the repair or replacement of the goods is not possible, the buyer can request a full refund of the purchase price based on withdrawal from the contract.
- If the seller proves that the buyer knew about the defect of the goods before taking them over or caused it himself or herself, the seller is not obligated to comply with the buyer's claim.
- The buyer cannot issue a claim on discounted goods for the same reason the goods are discounted.
- The seller is obligated to accept the issued complaint in any establishment where the acceptance of the complaint is possible, even at the registered office or place of business. The seller is obligated to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification of rejecting the complaint.
- The seller or an employee authorized by them shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate required for a professional assessment of the defect due to the type of product or service. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. Expiry to no effect is considered a significant breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of the submission of the complaint is considered to be the moment when the buyer's will is conveyed (exercise of the right from faulty performance) to the seller.
- The seller informs the buyer in writing about the outcome of the complaint.
- The right from the faulty performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself or herself caused the defect.
- In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs arisen in connection to the submission of the claim. The buyer can exercise this right with the seller within one month after the expiry of the warranty period, otherwise the court may not recognize it.
- The buyer can choose the method of issuing the claim.
- The rights and obligations of the contracting parties regarding rights from the faulty performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaints procedure.
- The contracting parties may deliver all written correspondence to each other via electronic mail.
- The buyer delivers the correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
- All information you provide during our cooperation is confidential and we will treat it as such. If you do not give us written permission to do so, we will not use your data in any way other than for the purpose of fulfilling the contract, with the exception of the email address to which commercial messages can be sent to you, as this procedure is permitted by law, unless you oppose it. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking a link in the commercial message). For this purpose, the email address will be kept for 3 years from the conclusion of the last contract between the contracting parties.
- Detailed information on personal data protection can be found in the Personal Data Protection Policy HERE
Out-of-court settlement of disputes
- Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČO: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes from the purchase contract between the seller and the buyer.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
- The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection carries out, to a defined extent, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.
- All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. In case the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from the generally binding legal regulations.
- In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 subsection 1 letter e) of the Civil Code.
- All rights to the seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
- The seller is not responsible for errors arising from interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not take steps that could have a negative effect on its operation and must not perform any activity that could allow him or her or third parties to unwarrantedly interfere or, without authorization, use the software or other components that make up the online store and to use the online store or its parts or software equipment in such a way that would be contrary to its purpose or designation.
- The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, subsection 2 of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in an electronic form and is not accessible.
- 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 during the effective period of the previous version of the terms and conditions.
- A sample form for withdrawing from the contract is attached to the terms and conditions.
These terms and conditions come into effect on July 1, 2022.