Terms and Conditions

Online store operator:

Jablonec costume jewelry HUSAR.D
5.května 861,
46601 Jablonec nad Nisou
Czech Republic

Josef Shachmat
Phone: +420 734 524 377
E-mail: sachmatak@seznam.cz
ID: 01805801

Description of the offered goods and the quantities listed on the e-shop

All the jewelry we offer is handmade.The information on the dimensions and color of the material is indicative and may differ depending on the display on your monitor.The length of bracelets and necklaces can vary by approx. 1 cm.We try to describe the colors in words for individual products, so that you can get closer to the actual shade.But please take into account that the perception of colors/shades is very individual.

The stock status of individual products is not on the e-shop, if the status is unavailable, the goods are only available to order and the delivery period must be agreed upon.

The manufacturer is not responsible for damage caused by careless handling and violation of special handling conditions.In case of mechanical damage, we can repair the product after agreement with the buyer.

 

Prices of goods

The prices are valid according to the current price list of the goods at the time of the order. The stated prices are shown without the statutory VAT.

Order acceptance and confirmation:

After completing your order, you will receive an automatic email confirming that the order has been accepted into the system. After we take over your order for processing, you will receive an email with information that your order is being processed. If for some reason we are unable to deliver the goods, we will contact you immediately by email.

 

Method of payment and delivery of goods within the Czech Republic

Goods can be paid for:By transfer to the accountYour order will usually be sent to the address you provided within two working days at the latest after this amount has been credited to our account.With cash on delivery, the goods will be sent to you by Czech Post or Zásilkovna usually within 2 working days of receiving the order.
Personal collection - delivery and payment of the goods is possible at the address of the company headquarters by prior agreement.
We send the goods by Czech post or Zásilkovna.

Postage:

The goods are sent to the customer's address. In the event that the postal worker cannot reach you at the delivery address, the parcel remains stored at your delivery post office for a maximum of seven working days.
In case of repeated sending of the goods at the request of the customer, the customer pays the postage in full (i.e. new postage + postage for the unclaimed shipment).
We do not send the shipment a second time on cash on delivery!If the customer does not pick up the shipment paid for by bank transfer, the seller has the right to deduct from the total amount the amount spent on transporting the goods, i.e. CZK 140.
You will be informed about the shipment of the goods by e-mail. This email usually includes a tracking number. The shipment can be tracked at www.cpost.cz.

If you have any special wishes regarding the shipping method or shipping speed, please write it to us in the notes in the order. We will try to accommodate you.

Withdrawal from the contract and return of goods by the buyer

The customer has the right to withdraw from the purchase contract within 14 days of receiving the goods. If the customer withdraws from the concluded contract, the return of the goods can be accepted provided that the conditions listed below are met. In the event of non-compliance, withdrawal from the contract and the associated return of goods cannot be accepted:

- the goods must be unused
- the goods must be undamaged
- the goods must be complete

The customer must attach to the returned goods the documents on the sale of the goods with the number of the bank account to which the money from the sale of the goods will be returned. When sending, the buyer is obliged to pack the goods in suitable packaging so that they are not damaged.

The address for sending the goods is:

Jablonec costume jewelry HUSAR.D
5.května 861,
46601 Jablonec nad Nisou
Czech Republic

Josef Shachmat
Phone: +420 734 524 377
E-mail: sachmatak@seznam.cz
ID: 01805801

The seller is then obliged to return the financial sums paid to the customer (value of goods + postage) no later than 14 days after withdrawal from the contract. The costs associated with returning the goods to the seller (postage) are paid by the customer himself.For detailed information, see Terms and conditions listed below.

TERMS AND CONDITIONS:
Jabloneck costume jewelry HUSAR.D
5.května 861, 46601 Jablonec nad Nisou
Czech Republic
Josef Shachmat

Phone: +420 734 524 377

E-mail: sachmatak@seznam.cz
ID: 01805801

1. INTRODUCTORY PROVISIONS.

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the 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 store. The online store is operated by the seller on a website located at the internet address www.yani.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than a year, or if the buyer violates his obligations under the purchase contract (including terms and conditions).

2.6. The buyer acknowledges that the user 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.

 

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with the packaging and 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 store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "CONFIRM" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail (automatic order confirmation), 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. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

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 e-mail, to the e-mail address of the buyer.

3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.

 

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

 

- in cash at the seller's premises at the address: 46825 Principle 305
- in cash on delivery at the place specified by the buyer in the order
- by non-cash transfer to the seller's account (hereinafter referred to as the "seller's account")

4.2. Along 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 also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of 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 or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract, unless otherwise agreed.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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 is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. Tax document – the seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address, or in a package with the goods.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.

5.2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address.

5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.4. 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 withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

 

6. CARRIAGE AND DELIVERY OF GOODS

6.1. In the event that 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.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE

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

7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

7.2.3. 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,

7.2.4. is the goods in the corresponding quantity, measure or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to 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 receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5. Rights from defective performance are exercised by the buyer at the seller's address Jablonec nad Nisou.

7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

 8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

 8.3. The seller handles consumer complaints via the electronic address obchodatlas@seznam.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.

8.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

 8.5. The European Consumer Center Czech Republic, with 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 the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the Regulation on the resolution of consumer disputes

8.6. 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 Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

 8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

 

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.

9.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

9.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or the processor to remove the condition thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.

 

10. DELIVERY

10.1. The buyer can be delivered to the buyer's email address.

 

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

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

11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11. 4. Seller contact details: delivery address

 

Jabloneck costume jewelry HUSAR.D
5.května 861, 46601 Jablonec nad Nisou
Czech Republic

Josef Shachmat
Phone: +420 734 524 377
E-mail: sachmatak@seznam.cz
ID: 01805801