1. Introductory Provision
These commercial terms define and specify rights and duties of the seller and the buyer within contractual relations concluded through the internet store KLENOTA . The buyer has the opportunity to read these commercial terms before he sends his order and he is sufficiently given prior notice. The buyer confirms by sending his order that he has read these commercial terms and he agrees with it.
The seller and the operator of the www.klenota.uk internet store is:
KLENOTA s.r.o. with its registered office at Bílkova 855/19, 110 00 Prague 1, registered in the commercial register maintained by the Regional court in Prague in section C, file 125957.
The place of performance from all contractual relations and the place of collection is: KLENOTA, Bílkova 855/19, 110 00 Praha 1
2. Conclusion of the Purchase Contract
The duly filled order, send through the internet store www.klenota.uk, resp. the buyer’s order placed via a telephone, is a binding proposal for the purchase contract conclusion with the seller, whereas the buyer is bound by his proposal for the purchase contract conclusion for the period of 21 days from the sending of the order.
The seller shall confirm without undue delay the receipt of the order via e-mail sent to the e-mail address mentioned by the buyer in the order, whereas this confirmation shall not deemed to be an acceptance of the proposal for the purchase contract conclusion. The sole purchase contract is concluded by the acceptance of the proposal for the purchase contract conclusion by the seller, whereas the acceptance is deemed to be the sending of the goods by the seller to the buyer or the expressed acceptance of the proposal for the purchase contract conclusion via e-mail or telephone.
The buyer has the right to cancel his order, to withdraw his proposal for the purchase contract conclusion, without any sanctions till the moment of the sending of goods. The buyer is obliged to inform the seller about this fact via e-mail or telephone.
The purchase contract is after its conclusion archived only for the necessary time for its execution, whereas it can be accessible for the buyer upon his written request during this time. The order can be changed and the mistakes can be corrected till the moment of the hand-over of goods for its dispatch.
3. Withdrawal of the Consumer from the Contract
The buyer has the right to withdraw from this purchase contract within 30 (thirty) days from the receipt of goods. Information about withdrawal from the contract has to be announced to the seller via the Contact telephone or email together with the No. of the order, date of purchase and possibly with the bank account No. for money refund. The sole withdrawal from the contract has to be sent to the seller within 30 days from the receipt of goods.
In case of withdrawal from the purchase contract, the contract is cancelled from the beginning. Goods have to be returned to the seller within 30 days from the withdrawal from the purchase contract. Goods have to be returned to the seller without any damage, not used and not dirty, if it is possible in the original cover.
The buyer shall add to the returned goods also a copy of invoice, if it was issued, further a written letter about the withdrawal from the purchase contract and the chosen way of money refund. The letter has to contain also the contact address, the telephone and the electronic address of the buyer.
The seller shall return money to the buyer (including delivery costs), which he accepted from him on the ground of the purchase contract, within 7 days from the withdrawal from the purchase contract by the buyer, and that (i) by the same way as he accepted this from the buyer, or (ii) in the way as the buyer required, (iii) whereas always also by sending to the announced bank account or the account from which money were send to pay the purchase price, with which the buyer declares hereby his consent under condition, that he shall not bear any further costs this way. If the buyer withdraws from the purchase contract, the seller is not obliged to refund received money earlier, than the buyer returns goods or proves that he sent goods to the seller.
The buyer accepts that in case returned goods by the buyer is damaged, used or partially consumed, the claim for damages of the seller against the buyer arises. The seller is entitled unilaterally to count claim for damages against the buyer’s claim for money and delivery costs refund.
The buyer is obliged to pack goods in an appropriate cover not to become damaged or destroyed during the transport. The purchase price and delivery costs cannot be refund for goods substantially damaged or destroyed thank to an inappropriate cover during the transport.
The buyer bears costs relating to return of goods to the seller in the case of the withdrawal from the contract. The seller is entitled to count his really incurred costs relating to the return of goods and money refund and delivery goods costs, which shall be returned to the buyer.
The seller is entitled to withdraw from the purchase contract any time till the receipt of goods by the buyer.
The buyer has no right to withdraw from the contract in case of contract on:
- delivery of goods, which were adjusted according to the consumer’s wish or for his person.
4. Transport and Payment Conditions
Mail and package costs, which the buyer chose for the order bears the buyer, and these costs are governed by the actual price list of the seller, which is available at internet pages.
It is possible to pay by the bank account transfer, card and via PayPal.
5. Defective Performance Rights/ Complaints
The buyer’s right from a defective performance is established by a defect, which goods have at the time when the risk of damage is transferred to the buyer, even if it occurs later. The right of the buyer is established later also when the defect is caused by the seller‘s breach of his duties.
The buyer has the following rights, if the defective performance is a substantial breach of the contract:
- a) for removal of a defect by delivery of new goods without any defect or by delivery of a missing goods,
- b) for removal of a defect by goods repair,
- c) for appropriate discount from the purchase price, or
- d) to withdraw from the contract.
The buyer informs to the seller what right he chooses at the time when he announces the defect, or without undue delay, after the announcement of the defect. The buyer cannot change his choice without seller’s consent; it does not apply, if the buyer requested a repair of the defect, which is not repairable. If the seller does not remove defects in an appropriate time or he does not inform the buyer, that he shall not repair defect, the buyer is entitled to request an appropriate discount instead of removal of defect, or he is entitled to withdraw from the contract.
If the defective performance establishes the substantial breach of the contract, the buyer has the right for defect removal, or an appropriate discount from the purchase price.
The buyer is not entitled to withdraw from the contract, not to require delivery of new goods, if he cannot return the goods in the state in which he received it. It does not apply, if:
- a) the change of state arose because of the check with the purpose to find any defect of goods,
- b) the buyer used goods before he found the defect,
- c) the buyer did not cause the impossibility of goods return in the unchanged state by his act or failure, or
- d) if the buyer sold the goods before finding of a defect, if he consumed the goods, or if he changed the goods during ordinary usage; if it happened only partially, the buyer returns to the seller the rest of goods, which can be returned and he gives to the seller a compensation up to the amount equal to the profit he had from the usage of goods.
If the buyer did not inform the seller about a defect on time, he loses the right to withdraw from the contract.
Rights from a defect can be claimed at the seller on the following address: (it applies for shipment of goods and for personal delivery): KLENOTA, Bílkova 855/19, 110 00 Praha 1
6. Defective Performance Rights and Quality Warranty
The seller is responsible to the buyer that the goods have no defect at the hand-over. Namely the seller is responsible that in the period when the buyer took over the goods:
- a) goods have characteristics, which the parties agreed and if provision about such a characteristic is missing, such a characteristic, which the seller of the producer described or which the buyer expected regarding the nature of goods and based on the advertisement done,
- b) goods are suitable for their usage, which the seller describes or to which the goods are ordinarily used,
- c) goods have the quality or the finish according to the agreed sample or the pattern, if the quality or the finish was set according to the agreed sample or the pattern,
- d) goods are in adequate numbers, measure or weight, and
- e) goods are in compliance with all statutory rules.
The buyer is entitled to claim the right from defect within 24 months from its delivery.
If the goods do not have characteristics mentioned above, the buyer is entitled to require a delivery of new goods without defects, if it is not inadequate with regard to the nature of the defect, but if the defect relates only to a part of goods, the buyer is entitled to ask only a change of the part; if it is not possible, the buyer is entitled to withdraw from the contract. If it is disproportionate with regard to the nature of the defect, namely if the defect can be removed without undue delay, the buyer has the right to a free removal of the defect.
The right for delivery of new goods, or the change of the part, the buyer has even in the case of the defect which can be repaired, if he cannot use goods duly for a repeated defect after the repair or because of more defects. In such a case the buyer has the right to withdraw from the contract.
If the buyer does not withdraw the contract, or does not execute his right for new goods delivery, for change of its part or for the repair, he is entitled to ask an appropriate discount. The buyer has the right for the appropriate discount even in the case when the seller cannot deliver to him new goods without defects, change its part or repair goods, also in the case when the seller does not secure reparation in an appropriate time or it the reparation caused to the consumer significant difficulties.
The rights from defects can be claimed at the seller on the following addresses:
For shipment of goods and for personal delivery: KLENOTA, Bílkova 855/19, 110 00 Praha 1
If the buyer asks, the seller confirms to him in a written form in what extend and for how long his duties in case of the defective performance last. If the nature of goods does not hinder it, the confirmation can be replaced by a purchase receipt containing mentioned data.
If the buyer applies his right from the defective performance, the seller confirms in a written form, when he applied his right, the repair and its duration.
7. Prices and Validity of the Offer
All prices are described including VAT, which is valid in the moment of the sending of the order. The regular invoice is a part of the delivery of goods. All prices of goods including special prices are valid till its recall or to the sold out.
8. Discounts and Discount Vouchers
The seller offers different kinds of discounts (loyalty, volume, for recommendation etc.). Every discount has its rules for use.
In case that the discount or the discount voucher shall be used against its rules, the seller has the right to refuse to offer such a discount or application of the voucher. In such a case the buyer is informed and a possibility to place the order without the discount or the voucher.
Every discount or the voucher can be used only once, if it is not stated expressly otherwise. The seller has the right to refuse to offer the discount in the case of multiple uses.
In the case that the value of the gift voucher or the discount voucher is higher than the value of the whole purchase, the difference is not transferred to the new voucher or the coupon and the not used sum is not refunded back.
9. Personal Data Protection and Final Provision
All personal data which are disclosed to the seller shall not be transferred to third persons or any other subjects without a buyer’s consent. The buyer is entitled anytime to ask for its deletion or change via e-mail. The registered buyer can change his data on the internet pages www.klenota.uk
The consumer’s order is archived after its delivery to the seller as the proposal of the conclusion of the purchase contract for the purpose of its fulfilment and further evidence. Single technical step leading to the conclusion of the contract are evident to the consumer from the order process. The buyer is entitled to detect and correct mistakes from data entry before the sending of the order.
These Commercial Terms are valid and effective from 1. 11. 2014