General terms and conditions

GENERAL TERMS AND CONDITIONS
of
Lillian Vassago s.r.o.
Having its registered office at Prešovská 337/6, Plzeň, Vnitřní Město, 301 00
Identification number: 02676133
Registered in the Commercial Register administered by the Regional Court in Plzeň, section C, file 29493 for the sale of goods via an online shop at http://www.lillianvassago.cz/

  1. INTRODUCTORY PROVISIONS
    1. These general terms and conditions (hereinafter referred to as “general terms and conditions“) of Lillian Vassago s.r.o., with registered office at Prešovská 337/6, Plzeň, Vnitřní Město, 301 00, Identification number: 02676133, registered in the Commercial Register administered by the Regional Court in Plzeň, section C, file 29493 (hereinafter referred to as “vendor“) pursuant to Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code“) regulate mutual rights and obligations of the contracting parties formed in relation to or based on the purchase agreement (hereinafter referred to as “purchase agreement“) concluded between the vendor and another natural person (hereinafter referred to as “buyer“) via the vendor’s online shop. The online shop is operated by the vendor on a website located at http://www.lillianvassago.cz/ (hereinafter referred to as “website“), through web interface (hereinafter referred to as “web interface“).
    2. The general terms and conditions do not apply to cases where a person who intends to purchase goods from the vendor is a legal entity or a person who is ordering goods in the course of their business or as part of independent practice of profession.
    3. Provisions derogating from the general terms and conditions can be agreed in the purchase agreement. Divergent arrangements in the purchase agreement shall prevail over the provisions of the general terms and conditions.
    4. The provisions of the general terms and conditions are an integral part of the purchase agreement. The purchase agreement and general terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
    5. The wording of the general terms and conditions may be amended by the vendor. This provision shall not affect the rights and obligations arising during duration of the previous version of the general terms and conditions.
  1. USER ACCOUNT
    1. Upon registration of the buyer on the website, the buyer can access his user interface. From his user interface the buyer can order goods (hereinafter referred to as “user account“). However, the web interface allows execution of orders of goods also without registration directly from the web interface as a guest.
    2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data stated in the user account shall be updated by the buyer in case of any change. The data stated by the buyer in the user account and used when ordering goods are considered correct by the vendor.
    3. Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access his user account.
    4. The buyer shall not allow the use of a user account to third parties.
    5. The vendor may cancel a user account, especially when the buyer does not use the account for more than one (1) calendar year, or if the buyer breaches his obligations under the purchase agreement (including the general terms and conditions).
    6. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment of the vendor, or necessary maintenance of hardware and software equipment of third parties.
  1. CONCLUSION OF PURCHASE AGREEMENT
    1. Any presentation of goods placed on the web interface is of informative nature and the vendor is not obliged to conclude a purchase agreement concerning the goods. The provision of Section 1732 (2) of the Civil Code does not apply.
    2. The web interface provides information about goods and prices of particular goods. Prices of goods are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface of the online shop. This provision is without prejudice to the vendor’s possibility to conclude a purchase agreement under individually negotiated conditions in case a buyer is interested in customized modification of the goods offered.
    3. The web interface also contains information about the costs of packaging and delivery of goods depending on the shipping method selected by the buyer. Information on the costs associated with packaging and delivery of goods listed in the web interface of the online shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
    4. To order goods, the buyer fills an order form in the web interface. The order form contains particularly information about:
      1. goods being ordered (the buyer will “place” the ordered goods in the electronic shopping cart of the web interface of the online shop),
      2. method of payment of the purchase price, delivery method and
      3. information about the costs related to delivery of goods (hereinafter jointly referred to as “order“).
    5. Before placing an order with the vendor, the buyer is allowed to check and modify data entered in the order, taking into account the possibility of the buyer to detect and correct errors created while entering data in the order. The buyer sends the order by clicking on "Confirm order". Data specified in the order are deemed correct by the vendor. Immediately upon receiving the order, but no later than 24 hours, the vendor shall confirm receipt of the order by e-mail to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as "buyer’s e-mail").
    6. The vendor 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 (in writing or by phone).
    7. The contractual relationship between vendor and buyer is created upon delivery of order acceptance (acceptance), which is sent to the buyer by e-mail to the buyer’s e-mail. Delivery of acceptance by the vendor also contains information about the time of delivery of goods (unless already specified on the web interface of the online shop).
    8. The buyer agrees to the use of distance communication means in concluding the purchase agreement. Costs incurred by the buyer when using distance communication means in connection with concluding a purchase agreement (cost of internet access, telephone costs) shall be borne by the buyer, and these costs do not differ from the standard rate.
  1. PRICE OF GOODS AND PAYMENT TERMS
    1. The price of goods and any costs associated with the delivery of goods under the purchase agreement can be paid by the buyer to the vendor in the following ways:
      1. in cash at the vendor’s shop at the address Zlatnictví Lillian Vassago, Prešovská 337/6, Plzeň, Vnitřní Město, 301 00, phone: 377 22 77 97, goldjewels@seznam.cz
      2. in cash on delivery at the place designated by the buyer in the order, unless the order exceeds CZK 4,000;
      3. by wire transfer to the vendor’s account no. 107-6701190297/0100 kept by Komerční banka a.s. (hereinafter referred to as “vendor’s account“);
      4. postal money order to the vendor's account
    2. Along with the purchase price, the buyer shall pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of goods.
    3. The vendor does not request any advance or other payment from the buyer unless it concerns goods customized to individual requirements of the buyer under 5.1. of the general terms and conditions. This is without prejudice to the provision of 6 of the general terms and conditions concerning the duty to pay the purchase price of goods in advance.
    4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment the purchase price is payable within five (5) days from the purchase agreement.
    5. In the case of cashless payment, the buyer is obliged to pay the purchase price and use the variable symbol of the payment, which is the order number. In the case of cashless payment the buyer’s obligation to pay the purchase price is satisfied at the time the appropriate amount is credited to the vendor's account.
    6. The vendor is entitled, especially if the buyer does not provide additional confirmation of order (art. Chyba! Nenalezen zdroj odkazů.), to demand payment of the entire purchase price prior sending the goods to the buyer. The provision of Section 2119 (1) of the Civil Code does not apply.
    7. Discounts (if any) on the price of goods provided by the vendor to the buyer cannot be combined.
    8. The vendor shall issue a tax receipt – invoice to the buyer regarding payments made under the purchase agreement. The vendor is a payer of value added tax. The tax receipt - invoice shall be issued by the vendor to the buyer after payment of the price of goods and sent electronically to the buyer's e-mail address.
  1. GOODS CUSTOMIZED TO BUYER’S REQUIREMENTS
    1. The price of goods listed on the vendor’s website is always for specific goods offered with parameters specified in the relevant photo of the goods. However, the buyer is entitled to choose another alternative than the offered goods, namely in the form of choice of different material, stones, engraving, length etc. In this case the order does not follow these general terms and conditions and the terms of the purchase agreement between the buyer and the vendor will be negotiated individually. Customized goods to the buyer's requirements also include all wedding rings ordered via the web interface because these are placed by the vendor for customized production in specific sizes according to the buyer's order.
    2. If the goods are manufactured according to individual requirements of the buyer pursuant to art. 5.1 hereof, the vendor is entitled to demand advance payment of 30% of the agreed price of goods.
  1. WITHDRAWAL FROM PURCHASE AGREEMENT
    1. The buyer acknowledges that pursuant to Section 1837 of the Civil Code it is not possible to withdraw from the purchase agreement for the supply of goods that have been customized according to the buyer's request and according to their individual requirements, or in the case of goods customized specifically to his person, i.e. cases referred to in art. 5.1 hereof. Furthermore, it is not possible to withdraw from the purchase agreement for the supply of goods subject to rapid deterioration, as well as goods which were after delivery irrevocably mixed with other goods, from the purchase agreement for the supply of sealed goods which were unsealed by the consumer and due to hygienic reasons it is not possible to return the goods, and from the purchase agreement for the supply of audio or video recordings or computer programme, if the original packaging is damaged.
    2. Unless it concerns any case referred to in Article 6.1. hereof or any other case where it is not possible to withdraw from the purchase agreement, the buyer has in accordance with Section 1829 (1) of the Civil Code the right to withdraw from the purchase agreement within fourteen (14) days of receipt of goods, whereas in case the purchase agreement includes several kinds of goods or delivery of several parts, the period starts from the date of receipt of the last delivery. Withdrawal from the purchase agreement must be sent to the vendor within the period mentioned in the previous sentence. Withdrawal from the purchase agreement may be sent by the buyer to the address of the vendor or to the vendor’s e-mail address goldjewels@seznam.cz. The buyer can use a sample form to withdraw from the purchase agreement, which is attached as Appendix no. 1 hereof.
    3. In case of withdrawal from the purchase agreement pursuant to Art. 6.2. hereof the purchase agreement will be entirely cancelled. The goods must be returned to the vendor within fourteen (14) days from withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the vendor, even in the case where the goods cannot due to their nature be returned by the usual postal route.
    4. In case of withdrawal pursuant to Art. 6.2 hereof, the vendor shall return the funds received from the buyer within fourteen (14) days from withdrawal from the purchase agreement by the buyer (apart from an amount representing additional costs for delivery of goods caused due to the method of delivery chosen by the buyer, which is other than the least expensive type of standard delivery of goods offered by the vendor) within 14 days from withdrawal from the purchase agreement by the buyer, in the same way as the vendor received these funds from the buyer unless the buyer specifies otherwise. The vendor is also entitled to return performance provided by the buyer at the time of returning the goods by the buyer or otherwise, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the vendor is not obliged to return the funds received to the buyer before the buyer returns goods to him or proves that the goods have been sent to the vendor.
    5. Any claim for damage caused to the goods may be unilaterally set off by the vendor against the buyer's claim for refund of the purchase price.
    6. In cases where pursuant to Section 1829 (1) of the Civil Code the buyer has the right to withdraw from the purchase agreement, the vendor is also entitled to withdraw from the purchase agreement at any time until receipt of the goods by the buyer. In this case, the vendor shall refund the purchase price to the buyer without undue delay by a bank transfer to an account designated by the buyer.
    7. If the buyer receives a gift together with the goods, a gift agreement between buyer and vendor shall be concluded with a condition subsequent that if there is withdrawal from the purchase agreement, the gift agreement regarding such a gift loses effect and the buyer is obliged to return to the vendor the provided gift together with the goods.
  1. TRANSPORTATION AND DELIVERY OF GOODS
    1. The vendor shall ship goods to the buyer upon payment of the purchase price by bank transfer or upon payment on delivery via Česká pošta s.p. or PPL CZ s.r.o. The costs of transportation are charged on a lump sum, the amount of which is notified to the buyer on the web interface before confirming the order.
    2. In the event that the mode of transportation is agreed based on a special request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
    3. If the vendor is bound by the purchase agreement to deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
    4. If due to reasons on the side of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with another delivery method.
    5. When receiving the goods from the shipper the buyer is obliged to check the integrity of the packaging and in case of any defects immediately notify the shipper. If the packaging shows signs of unauthorized intrusion in the shipment, the buyer does not have to accept the shipment from the shipper.
    6. Delivery of goods to the buyer includes:
      1. packaging supplied by the manufacturer of the goods (if no packaging is supplied, the vendor will provide alternative packaging)
      2. guarantee certificate
      3. certificate of authenticity and quality (jewels with inset diamonds)
      4. tax receipt certifying payment of the purchase price including the shipping costs (invoice)
      5. gift box (according to customer’s requirement)
      6. additional elements (e.g. a free gift based on current promotion)
      7. instructions for use and information concerning the consequences arising from failure to comply with the instructions
    7. Other rights and duties of the parties during transportation of goods may be regulated by special delivery terms of the vendor if these are issued by the vendor.
  1. RIGHTS OF DEFECTIVE PERFORMANCE
    1. The rights and duties of the parties regarding rights of defective performance shall be governed by the relevant generally binding legal regulations (namely provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection as amended).
    2. The vendor shall be liable to the buyer that the goods have no defects on delivery. In particular, the vendor is liable to the buyer that when the buyer received the goods:
      1. the goods have properties that the parties have agreed, and in the absence of an arrangement they have properties described by the vendor or the manufacturer or expected by the buyer with regard to the nature of the goods and based on advertising conducted by the vendor or the manufacturer,
      2. the goods are fit for the purpose indicated by the vendor or for which goods of this type are usually used,
      3. the quality or model of the goods correspond with the agreed sample or template, if quality or model has been determined in accordance with an agreed sample or template,
      4. the goods are in the corresponding quantity, measurement or weight, and
      5. the goods comply with the requirements of applicable legal regulations.
    3. Provisions included in 8.2Chyba! Nenalezen zdroj odkazů. of the general terms and conditions shall not apply to goods sold for lower price due to a defect for which the lower price had been agreed, due to wear of goods caused by ordinary use, in case of used goods due to a defect corresponding with the extent of use or wear and tear the goods had prior takeover by the buyer, or if it relates to the nature of the goods.
    4. When a defect occurs within six (6) months after receipt of goods, it is assumed that the goods were defective at the time of receipt. The buyer is entitled to exercise the right of defects that occur in goods during the twenty-four (24) months from its receipt.
    5. The rights of defective performance shall be exercised by the buyer at the vendor’s address where the complaint may be accepted with regard to the range of sold goods - Zlatnictví Lillian Vassago, Prešovská 337/6, Plzeň, Vnitřní Město, 301 00, phone: 377 22 77 97, goldjewels@seznam.cz. In the case of exercising the right of defective performance the vendor shall confirm to the buyer the date the right is exercised, as well as repair and its duration, if the right of defective performance is exercised legitimately, in writing or to the buyer's email address stated in his order or at registration.
    6. Other rights and obligations of the parties relating to the liability of the vendor for defects shall be governed by the vendor’s Complaints Procedure, which forms part of these general terms and conditions.
  1. OTHER RIGHTS AND DUTIES OF THE PARTIES
    1. The buyer acquires ownership of the goods by paying the entire purchase price.
    2. Pursuant to Section 1826 (1) (e) of the Civil Code the vendor is not bound by any codes of conduct in respect of the buyer.
    3. Settlement of out-of-court consumer disputes arising from the purchase agreement shall be performed by Česká obchodní inspekce (Czech Trade Inspection) with registered office at Štěpánská 567/15, 120 00 Praha 2, Identification number: 000 20 869, http://www.coi.cz.
    4. The vendor is entitled to sell goods based on a trade license. Trade inspection is carried out by the relevant trade office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate performs supervision over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
    5. The buyer herewith assumes the risk of changed circumstances pursuant to Section 1765 (2) of the Civil Code.
  1. PERSONAL DATA PROTECTION
    1. Protection of personal data of the buyer who is a natural person is provided by Act No. 101/2000 Coll. on personal data protection as amended.
    2. The buyer agrees to the processing of his personal data: name, address, identification number, tax identification number, email address and phone number (hereinafter collectively referred to as "personal data").
    3. The buyer agrees to the processing of personal data by the vendor for the purpose of implementation of rights and obligations under the purchase agreement and for the purpose of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the vendor also for the purpose of mailing commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase agreement.
    4. The buyer acknowledges that he is obliged to provide his personal data (for registration, in his user account when ordering from the web interface of the online shop) correctly and truthfully, and that he is obliged to promptly notify the vendor about any change in his personal data.
    5. The vendor may entrust a third party as a processor to process the buyer’s personal data. Except to persons transporting goods no personal data will be disclosed by the vendor without prior approval of the buyer to any third persons.
    6. Personal data shall be processed for indefinite duration. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
    7. The buyer confirms that the provided personal data are accurate and that he was advised that it is voluntary provision of personal data.
    8. In case the buyer deems that the vendor or the processor (art. Chyba! Nenalezen zdroj odkazů.) performs processing of his personal data which is contrary to protection of the buyer’s privacy and personal life or contrary to law, particularly if the personal data are incorrect with regard to the purpose of processing, the buyer may:
      1. ask the vendor or the processor for explanation,
      2. demand that the vendor or the processor remedies this situation.
    9. If the buyer requests information regarding the processing of his personal data, the vendor must provide this information. The vendor has the right to demand reasonable compensation for the provision of such information pursuant to the preceding sentence, not exceeding the costs of providing the necessary information.
  1. COMMERCIAL COMMUNICATION AND COOKIES
    1. The buyer agrees to receive information related to goods, services or company of the vendor to the buyer's email address, and agrees to receive commercial communications by the vendor to the buyer's email address specified in his order or at registration.
    2. The buyer agrees with storing of cookies on his computer. In the event a purchase on the website can be made, and the vendor’s commitments agreed in the purchase agreement can be fulfilled without storing cookies on the buyer’s computer, the buyer may revoke the consent according to the preceding sentence at any time.
  1. DELIVERY
    1. The buyer may receive messages to the buyer’s electronic address.
  1. FINAL PROVISIONS
    1. If a relationship established by a purchase agreement includes an international (foreign) element, then the parties agree that the relationship shall be governed by the Czech law. This does not affect the rights of consumer resulting from generally binding regulations.
    2. If any provision of the general terms and conditions is or becomes invalid or ineffective, a provision whose meaning comes closest to the invalid provision will apply instead of the invalid provision. The invalidity or unenforceability of one provision is without prejudice to the other provisions.
    3. The purchase contract including the general terms and conditions is archived by the vendor in electronic form and shall not be accessible.
    4. A sample form for withdrawal from a purchase agreement is attached.
    5. Vendor’s contact details: correspondence address: Lillian Vassago s.r.o., Prešovská 337/6, Plzeň, Vnitřní Město, 301 00, e-mail: goldjewels@seznam.cz, phone: 377 22 77 97.

 

Plzeň, 8 September 2016

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