Terms & Conditions

Lenka Kerlická s.r.o.

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.
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.
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.
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.
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.
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.
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.
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

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