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Lenka Kerlická s.r.o.

  1. Introductory Provisions

    1. These terms and conditions (Terms and Conditions)
      regulate the terms and conditions for the provision of services by
      Lenka Kerlická s.r.o., Id. No.: 10663649, with its registered
      office at Nyklíčkova 1014/26, Jinonice, 158 00 Praha 5 ( Provider) for the Customer and
      thus constitute, within the meaning of Section 1751 of Act No.
      89/2012 Coll., the Civil Code (Civil Code), an
      integral part of the Purchase Agreement (Agreement
      ) concluded between the Provider and the Customer in the Czech or
      English language.
    2. The Provider is the provider of the Internet application, which is
      accessible at the Internet addresshttps://lenkakerlicka.com ( E-shop). The E-shop is mainly used for ordering
      goods that the Provider offers at a given moment in the E-shop
      interface (Goods). The presentation of the Goods
      in the E-shop does not constitute a legally binding offer. The
      E-shop is a non-binding online catalog, which is merely an offer
      for the Customer to place a binding order for the Goods. The
      Provider is not obliged to conclude a purchase agreement over the
      Goods.
    3. These Terms and Conditions apply similarly when placing an order
      via other means of remote communication (e.g. email) and, with
      certain variations, also when placing an order in person at the
      Provider’s store or outside the Provider’s store premises (filling
      in an order-form or purchasing on the spot), in particular by
      describing the order, filling in a paper order form, etc., unless
      otherwise specified.
  2. Conclusion of the Agreement

    1. Ordering the Goods by the Customer is carried out by the Customer
      marking the selected Goods in the E-shop (by clicking on the “add
      to cart” button), filling in the correct data in the order form,
      selecting the preferred delivery and payment method from the
      offered options and sending the order (by clicking on the “order”
      button) (Order). Before sending the Order, the
      Customer is allowed to check and, if necessary, modify the data in
      the Order. Upon receipt of the Order, the Provider shall
      immediately confirm the Order by email to the address provided by
      the Customer, thereby the Agreement between the Provider and the
      Customer is concluded.
    2. The Customer acknowledges that the Provider is not obliged to
      conclude the agreement if the data in the order is incomplete or
      the Customer is a person who has previously substantially breached
      their obligations to the Provider. The Provider further reserves
      the right not to accept an order in the event of an obvious
      typographical error regarding the price, description or image of
      the Goods displayed in the E-shop.
    3. The Provider is always entitled, depending on the nature of the
      Order (quantity of goods, purchase price, estimated shipping
      costs), to ask the Customer for additional confirmation of the
      Order (for example, in writing or by telephone).
    4. The Customer agrees with the conclusion of the Agreement by remote
      means of communication. The costs of the means of remote
      communication are not charged by the Provider beyond the usual
      price and are borne by the Customer.
    5. If the Customer orders Goods that are not shown in the Provider’s
      offer and are to be manufactured or specially modified by the
      Provider for the Customer exclusively according to the Customer’s
      individual requirements, the Provider shall confirm the receipt of
      the Order to the Customer by e-mail and by e-mail send to the
      Customer a processing proposal. The Agreement is concluded only
      after mutually confirmed approval of the design of the Goods, the
      purchase price, any other terms of payment, and the process of
      production of the Goods.
    6. The Provider uses its own materials while producing the goods. The
      Provider shall only use material supplied by the Customer if it is
      technically possible and if the Customer expressly insists on the
      use of such materials. The Provider does not assume any liability
      for the quality of the material supplied by the Customer and its
      possible unsuitability for the production of jewelry, unless the
      unsuitability is obvious.
  3. Price of the Goods, payment and delivery

    1. The Customer is obliged to pay the Provider for the Goods the price
      stated in the E-shop and the Order confirmation. The price of the
      Goods shall remain valid for as long as it is displayed in the
      E-shop. This provision does not limit the Provider’s ability to
      conclude an agreement on individually agreed terms (e.g. when
      custom-made goods are produced).
    2. The prices of the Goods in the E-shop are inclusive of VAT,
      including all statutory charges. The delivery costs of the Goods
      vary according to the payment and delivery method chosen.
    3. The Customer selects the methods of payment and delivery during the
      creation of the Order from the options offered in the E-shop and is
      obliged to bear the costs of these listed options. In the case of
      non-cash payment, the Goods will be sent to the Customer only after
      the payment of the full price.
    4. The delivery time takes 4-6 weeks from payment of the price of the
      Goods. The Provider may extend the delivery time stated in the
      Order confirmation for reasons not caused by the Provider. The
      Customer shall be informed of the extension of the delivery time at
      the e-mail address or telephone number provided in the Order.
    5. If the Goods are not delivered to the Customer (or to a person
      designated by the Customer) for reasons on the Customer’s side (in
      particular failure to accept the Goods at the agreed time), the
      Customer is obliged to reimburse the costs associated with the
      repeated delivery of the Goods.
    6. According to the Registration of Sales Act, the Provider is obliged
      to issue a receipt to the Customer. At the same time, the Provider
      is obliged to register the received sales with the tax
      administrator online; in the event of a technical failure, within
      48 hours at the latest.
    7. A tax document – an invoice will be issued by the Provider to the
      Customer after payment of the price of the Goods and sent in an
      electronic form to the Customer’s e-mail address. In the case of
      receiving the Goods in the Provider’s store, depending on the
      agreement with the Customer, the invoice may be sent either by
      e-mail or handed over to the Customer in the store.
    8. The risk of damage to the Goods passes to the Customer upon handing
      over the Goods to the carrier or upon personal delivery by taking
      over the goods by the Customer. Ownership passes to the Customer
      only upon full payment of the purchase price.
    9. In case of delay in payment of any monetary obligation, the
      Customer is obliged to pay the Provider a contractual penalty of
      0.1% of the amount due for each day of delay.

  4. Additional information for consumers and withdrawal from the
    Agreement

    1. The provisions of this Article apply only to the Agreement
      concluded between the Provider and the Customer who is a consumer.
    2. A consumer is any Customer – a natural person who concludes an
      Agreement with an entrepreneur (the Provider is the entrepreneur in
      this context) outside of the scope of the Customer’s business
      activity or outside of the scope of the independent exercise of the
      Customer’s profession.
    3. The Customer has the right to withdraw from the Agreement without
      giving any reason within 14 days from the date of receiving the
      Goods. Withdrawal from the Agreement must be demonstrably delivered
      to the Provider at the delivery or e-mail address. Upon delivery of
      the withdrawal from the Agreement made in accordance with this
      Article, the obligations arising from the Agreement shall be
      cancelled from the commencement date of the Agreement. The
      withdrawal from the Agreement must be sent to the Provider at least
      within the time limit specified in the first sentence of this
      Article. The Customer must exercise the right to withdraw from the
      Agreement by unilateral legal action against the Provider, e.g. by
      a letter sent via the post office, by e-mail to the below mentioned
      e-mail address, or by using the form in the E-shop. A sample text
      for withdrawal from the Agreement is available to the Customer: “I
      have decided to withdraw from the agreement dated DD.MM.RR, invoice
      number: ………., and I request a refund of the purchase price to the
      bank account number: ……….” Date, name and signature. The Customer
      must hand over the Goods for shipment at least within 14 days of
      withdrawal from the Agreement.
    4. In particular, the Customer may not withdraw from the Agreement if
      it concerns a delivery of the Goods which:
      (a) have been customised according to the Customer’s wishes or have been customized only for the Customer,

      (b) are perishable, as well as the Goods which have been irreversibly mixed with other Goods after delivery,

      (c) have been removed from the sealed packaging by the Customer and cannot be returned due to hygienic reasons.
    5. In the event of withdrawal from the Agreement, the Customer shall
      bear the costs associated with the return of the Goods if the Goods
      cannot be returned by the usual postal method due to their nature.
    6. If the Customer withdraws from the Agreement, the Provider is not
      obliged to return the received funds to the Customer before the
      Customer has handed over the Goods to the Provider or proved that
      the Goods have been sent to the Provider.
    7. The Customer must return the Goods complete, unused, with full
      documentation and accessories, undamaged, clean, and in their
      original packaging. The Customer acknowledges that if the returned
      Goods are damaged, worn out, etc., the Provider shall be entitled
      to compensation from the Customer for any caused damage. The
      Provider is entitled to unilaterally set off the claim for payment
      of the damage against the Customer’s claim for a refund of the
      purchase price.
    8. If a gift is provided to the Customer together with the Goods, the
      donation agreement between the Provider and the Customer is
      concluded with the subsequent condition that if the Customer
      withdraws from the purchase agreement, the donation agreement with
      respect to such gift shall cease to be effective and the Customer
      shall be obliged to return the provided gift together with the
      Goods to the Provider.
  5. Liability for defects

    1. The Customer’s rights arising from defective performance are
      governed by the relevant provisions of the Civil Code.
    2. The Provider shall be liable to the Customer for the Goods being
      free from defects upon receipt. In particular, the Provider shall
      be liable to the Customer that at the time the Customer accepted
      the Goods:

      (a) the Goods have the characteristics specified in the E-shop,


      (b) the Goods are delivered in the agreed quantity, measure or
      weight,


      (c) the Goods comply with legal requirements.
    3. As soon as the Customer discovers a defect, the Customer shall
      notify the Provider without undue delay and shall hand over the
      Goods to the Provider or store them according to the Provider’s
      instructions or otherwise deal with them appropriately so that the
      defect can be examined.
    4. If a defect becomes apparent within 6 months of receipt, the Goods
      shall be deemed to have defective upon receipt.
    5. If the defective performance is a material breach of the Agreement,
      the Customer shall be entitled:


      (a) to remedy the defect by delivery of new Goods without defect or
      delivery of the missing Goods,


      (b) to have the defect removed by repairing the Goods,


      (c) to a reasonable discount,


      (d) to withdraw from the Agreement.

    6. The Customer shall be entitled to delivery of new and defect-free
      Goods only if this is reasonable due to the nature of the defect
      and at the same time the Goods have not been modified according to
      the Customer’s wishes. If the defect relates only to an accessory
      of the Goods, the Customer may require only replacement of such
      accessory.
    7. The Customer shall inform the Provider of the method of the defect
      resolution chosen by the Customer when notifying the defect or
      without undue delay thereafter. The Customer cannot change the
      choice made without the Provider’s consent; this does not apply if
      the Customer has requested the repair of a defect that proves to be
      irreparable. If the Provider fails to remedy the defects within a
      reasonable time or notifies the Customer that the Provider will not
      remedy the defect, the Customer may demand a reasonable discount
      instead of remedying the defect or may withdraw from the Agreement.
      If the Customer fails to exercise their rights in time, they shall
      have the rights under the following paragraph.
    8. If the defective performance is an insignificant breach of the
      Agreement, the Customer shall be entitled to have the defect
      remedied or to a reasonable discount. As long as the Customer does
      not exercise the right to a discount or does not withdraw from the
      Agreement, the Provider may supply what is missing or remedy the
      legal defect. Other defects may be remedied at the Provider’s
      choice, either by repairing or supplying new Goods; the choice must
      not cause unreasonable costs to the Customer. If the Provider fails
      or refuses to remedy a defect in the Goods in on time, the Customer
      may demand a discount or may withdraw from the Agreement. The
      Customer may not change the choice once made without the Provider’s
      consent.
    9. The Customer acknowledges that the colour of the Goods (including
      stones) may differ from the colour representation in the E-shop due
      to the use of natural materials. Such difference shall not be
      considered a defect in the Goods and shall not constitute grounds
      for any complaint.
    10. Damage or destruction of the Goods or loss of their parts due to
      improper handling shall not constitute grounds for any complaint.
      Rules for the proper handling of the Goods (“care”) are provided by
      the Provider upon delivery of the Goods.
    11. The Customer shall be liable to the Provider for any decrease in
      the value of the Goods resulting from handling of the Goods in a
      manner different from what is required by their nature and
      characteristics.
    12. The Provider provides a lifetime quality guarantee for the Goods.
      The guarantee does not cover damage caused by improper care or any
      possible changes in appearance due to the wearing out or age of the
      Goods.
    13. The procedure for exercising rights arising from the defective
      performance and other complaints shall be governed by the rules of
      communication under these Terms and Conditions.
  6. Protection of personal data, intellectual property

    1. In order to provide services to Customers, the Provider must
      process certain personal data. Details are set out in the Privacy
      Policy available here.
    2. The Customer acknowledges that the Goods produced/modified by the
      Provider, including their photographs, as well as advertising
      materials, photographs, images, other indication of goods and the
      content in the E-shop are protected under the Copyright Act, the
      Trademark Act and the relevant provisions of the Civil Code on
      unfair competition, as amended. The Customer is not entitled to
      make or have made copies of the Goods or resell them, as well as to
      distribute or copy advertising materials, photographs, images etc.,
      in any way without the prior written consent of the Provider. The
      Provider is entitled to withdraw the consent at any time.
    3. The Provider, as the author of the Goods, is entitled to produce
      the same or similar Goods for another Customer or a third party
      without the Customer’s consent.
    4. By concluding the purchase agreement, the Customer does not acquire
      any rights to industrial or intellectual property (especially
      trademarks, trade name, company logo) of the Provider or other
      persons whose products are included in the Provider’s commercial
      offer. The right to protection against unfair competition remains
      unaffected.
    5. The Customer agrees to the publication of photographs of the bought
      Goods on the Provider’s website, the Internet, promotional
      materials, etc., unless otherwise expressly stated.
  7. Rules of communication

    1. Contact details of the Provider:

      (a) e-mail address: info@lenkakerlicka.com


      (b) address for delivery: Újezd 409/19, Praha 1, 11800
    2. The primary method of communication between the Provider and
      Customer is e-mail (exclusively via the above e-mail address). If
      the Customer communicates with the Provider via the postal services
      (and only via the above delivery address), the Customer bears the
      cost of such communication, and the Provider reserves the right to
      respond via email if an e-mail address is provided by the Customer.
  8. Final provisions

    1. These Terms and Conditions may be amended by the Provider at any
      time. The Provider will inform the Customer of any change, in
      particular by e-mail or by directly publishing the new version of
      the Terms and Conditions in the E-shop. However, any changes shall
      not apply to already concluded Agreements. By submitting an Order,
      it is confirmed by the Customer that they have read the current
      version of the terms and Conditions and they agree with them.
    2. The Provider reserves the right to change the characteristics of
      the Goods offered, including prices for the Goods.
    3. All legal relations arising under or in connection with these Terms
      and Conditions, the conclusion of the Agreement, and any other use
      of the E-shop are governed by the laws of the Czech Republic,
      regardless of where the relevant legal action was taken. The
      general courts of the Provider shall have exclusive jurisdiction to
      resolve any disputes arising out of or in connection with the Terms
      and Conditions or the Agreement.
    4. If any provision of the Terms and Conditions is or becomes invalid
      or unenforceable, such invalid provision shall be replaced by a
      provision whose meaning is as close as possible to the economic
      purpose of the invalid or unenforceable provision. The invalidity
      or unenforceability of any provision shall not affect the validity
      and enforceability of the remaining provisions. The invalidity or
      unenforceability of any provision only concerning a particular
      entity or group of entities shall not affect the validity and
      enforceability of those provisions concerning other entities.
    5. If the dispute between the Customer – consumer and the Provider
      cannot be settled, the Customer – consumer may seek alternative
      dispute resolution with the Czech Trade Inspection Authority, which
      is the competent body for alternative dispute resolutions consumer
      disputes. The form and further information are available on the
      website of the Czech Trade Inspection Authority https://adr.coi.cz.
    6. The Agreement, including the Terms and Conditions, is archived by
      the Provider in electronic form and is not accessible.
    7. The Terms and Conditions become effective on the date of their
      publication in the E-shop.

Publishing date: 21st December 2021