TERMS AND CONDITIONS
Lenka Kerlická s.r.o.
- Introductory Provisions
- 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.
- The Provider is the provider of the Internet application, which is accessible at the Internet address https://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.
- 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.
- Conclusion of the Agreement
- 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 with obligation to pay” 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. Together with the order acceptance, the Provider sends the current version of these Terms and Conditions to the Customer’s electronic address.
- 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.
- 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).
- 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.
- 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.
- 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.
- Price of the Goods, Payment and Delivery
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Additional information for consumers and withdrawal from the Agreement
- The provisions of this Article apply only to the Agreement concluded between the Provider and the Customer who is a consumer.
- 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.
- 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 terminated from the outset. 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.
- In particular, the Customer may not withdraw from the Agreement if it concerns a delivery of the Goods which:
(i) have been adapted to the consumer’s requirements or adapted to his personal needs, which is perishable, or
(ii) have a short shelf life or which, by their nature, have been irretrievably mixed with other goods after delivery, or
the Customer has removed from their sealed packaging and which, for health or hygiene reasons, are not suitable for return after the consumer has broken them.
- 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.
- 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.
- 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.
- 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.
- Liability for defects
- The Customer’s rights arising from defective performance are governed by the relevant provisions of the Civil Code.
- 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.
- 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.
- If a defect becomes apparent within 12 months of receipt, the Goods shall be deemed to have defective upon receipt.
- If the Goods have a defect, the Customer may demand its removal. At its option, it may demand delivery of new Goods without defect or repair of the Goods, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other. The Customer shall not be entitled to delivery of new defect-free Goods if the Goods have been modified according to the Customer’s wishes. If the defect relates only to a part of the Goods, the Customer may only require the replacement of such part.
- If the defect in the Goods constitutes a material breach of the Contract, if the defect is repeated or if the Provider refuses to remedy the defect, the Customer shall be entitled to a reasonable discount or to withdraw from the Contract. The reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Customer.
- The Customer shall notify the Provider of his/her chosen right upon discovering the defect or without undue delay after notifying the defect. The Customer may not change the choice made without the Provider’s consent; this does not apply if the Customer has requested the repair of a defect which proves to be irreparable. If the Provider does not remedy the defects within 60 days of the defect being identified or notifies the Customer that it will not remedy the defects, the Customer may demand a reasonable discount in lieu of remedying the defect or may withdraw from the Contract.
- The Customer shall be liable to the Provider for any diminution in the value of the Goods resulting from handling the Goods other than as necessary to acquaint the Customer with the nature, characteristics and functionality of the Goods.
- 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.
- 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.
- 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.
- 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.
- Protection of personal data, intellectual property
- 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.
- 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.
- If the goods are to be manufactured or modified according to the Customer’s design, the Customer shall be liable for the fact that the manufacture or modification of the goods by the Provider does not interfere with the copyright, industrial or trademark rights of third parties and undertakes to indemnify the Provider in the event that such declaration proves to be false. In the event that the Provider produces or modifies the Goods according to the Customer’s idea or design or in cooperation with the Customer, the Customer grants the Provider a royalty-free, non-exclusive licence to produce the Goods and reproductions thereof for an indefinite period of time without territorial or temporal limitation by providing the Provider with the design. After the goods have been manufactured, the Provider may manufacture further goods according to the design for the purpose of its business.
- 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.
- 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.
- Customer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Customer undertakes not to carry out any activity that could enable them or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the shop.
- Customer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop. The web interface of the shop may only be used to the extent that it is not harmful to the rights of other customers of the Provider and is consistent with its purpose.
- The Customer acknowledges that the Provider shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
- The Provider and the Customer shall keep confidential all data and information (“Confidential Information”) which they become aware of in connection with the conclusion of the Purchase Agreement and which will be disclosed by that, such information is not usually available to the public. This obligation shall remain in force even after the termination of the Purchase Agreement. The Provider and the Customer mutually undertake not to disclose to third parties any information made available to them in connection with the performance of the Purchase Agreement and that is not publicly known. The Provider and the Customer undertake to keep trade secrets pursuant to Sections 504 and 2985 of the Civil Code in the event that they have been notified that specific information is subject to trade secrets.
- Rules of communication
- Contact details of the Provider:
(a) e-mail address: firstname.lastname@example.org
(b) address for delivery: Újezd 409/19, Praha 1, 11800
(c) phone number: +42075442727
- 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.
- Final provisions
- 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.
- The Provider reserves the right to change the characteristics of the Goods offered, including prices for the Goods.
- 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.
- 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.
- 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.
- The Agreement, including the Terms and Conditions, is archived by the Provider in electronic form and is not accessible.
- The Terms and Conditions become effective on the date of their publication in the E-shop.
Publishing date: 6 March 2023