TERMS AND CONDITIONS
of the company Korálky.cz s.r.o.
Registered seat: Malešická 2178/20, Praha 3, 130 00, Czech Republic
Identification number: 24260452
VAT Identification number: CZ24260452
Registration number at (Czech) Office for Personal Data Protection:
Registered in the Commercial Register of the Municipal Court in Prague, Section C, File 198378
for the sale of products through its on-line shop at the internet address www.dobeado.co.uk
E-mail address: email@example.com
Phone: +44 800 048 8604
Delivery address in the United Kingdom: Dobeado.co.uk, 92966 York House, Green Lane West, Preston, Lancashire, PR3 1NJ (to be used only for returning products/orders)
1. GENERAL PROVISIONS
1.1. Thank you for visiting our web site of www.dobeado.co.uk (the “Website”). Dobeado.co.uk is an online retail store and information site to provide a convenient experience for customers to purchase glass beads and jewellery components. Dobeado.co.uk wants each visitor of the Webiste to have a pleasurable visit, so we have established these Terms and Conditions (“Terms and Conditions”) to provide clear and smooth shopping experience for you.
1. 2. Dobeado.co.uk is the trading name of Korálky.cz, s.r.o. registered seat Malešická 2178/20, Praha 3, 130 00, Czech Republic. Dobeado.co.uk is operated by Korálky.cz, s.r.o.
1.3. These Terms and Conditions are governing mutual rights and duties of contract parties originated in connection or based on particular purchase contract (the “Purchase Contract”) concluded between the company of Korálky.cz, s.r.o. registered seat Malešická 2178/20, Praha 3, 130 00, Czech Republic (the “Seller”) and other natural person (the “Customer”) through the Seller’s e-shop. The e-shop is run by the Seller on the Website through the interface of the Website (hereinafter only as the “Web interface of the e-shop”).
1. 4. By using the Website, the Customer agrees to be bound by the terms set forth herein. The Seller may change the Website, these Terms and Conditions, or the policies and conditions that govern the use of the Website at any time.
1.5. Provisions of the Terms and Conditions form the integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in Czech. The Purchase Contract can be concluded in Czech or English.
1.6. The text of these Terms and Conditions can be modified or amended by the Seller. This provision shall not affect rights and duties associated with the previous text of the Terms and Conditions. The Seller encourages the Customer to review the Website and the Terms and Conditions periodically for any updates or changes. Continued access or use of the Website by the Customer shall be deemed to be the acceptance of these changes and of the reasonableness of these standards for notice of changes.
1.7. Provisions different from the Terms and Conditions can be negotiated in the Purchase Contract. Different provisions included in the Purchase Contract take precedence over provisions of those Terms and Conditions.
1.8. The place of sale for all transactions conducted on this Website is the Czech Republic.
1.9. All relationships established between the Seller and the Customer, especially Purchase Contracts and these Terms and Conditions are governed by the law of the Czech Republic, especially by the Act no. 89/2012 Coll., Civil Code, as amended (the “Civil Code”) and both parties agree with that. The courts of the Czech Republic will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Sellers‘s Website and any dispute arising from, or related to, Purchase Contracts of products from our Website. However, the Seller retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
This does not affect the consumer’s rights arising from generally applicable laws.
1.10. If any provision of those Terms and Conditions is invalid or unenforceable or if it becomes invalid or unenforceable, then the provision which is as similar as possible to such provision shall be used. Invalidity or unenforceability of one provision shall not affect the validity of remaining provisions. Modifications and amendments of the Purchase Contract or Terms and Conditions shall be in a written format.
1.11 The Purchase Contract including the Terms and Conditions is archived by the Seller in an electronic form and it is not accessible.
2. USER ACCOUNT
2.1. Based on the Customer’s registration performed on the Website, the Customer can access their user interface. From their user interface the Customer can undertake the ordering of products (hereinafter only as the “User Account”). If the Web interface of the e-shop allows it then the Customer can undertake the ordering of products even without their direct registration from the Web interface of the e-shop.
2.2. During registration and/or ordering of products on the Website, the Customer shall state all their information correctly and truthfully. The Customer shall update all their information included in the User Account if there is any modification. Information included in the Customer’s account and during the ordering of products is considered to be true and up-to-date.
2.3. Access to the User Account is protected by a username and a password. The Customer shall maintain confidentiality about such information necessary for access to their User Account.
2.4. The Customer does not have the right to grant access to their User Account to any third person.
2.5. The Seller has the right to cancel any User Account, especially in the case when the Customer is not using their User Account for more than 2 years or if the Customer violates their duties arising from a particular Purchase Contract (including these Terms and Conditions).
2.6. The Customer acknowledges that their User Account does not have to be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software or hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Web interface of the e-shop contains information about products including prices. Prices of offered products and services include value added tax and all other related fees and taxes. Prices of products are valid for the time period when they are displayed on the Web interface of the e-shop. This provision shall not restrict Seller’s right to conclude the Purchase Contract according to individually agreed terms.
3.2. The Web interface of the e-shop contains information about expenses connected with the packing and delivery of products. These expenses are dependent on parameters of the products ordered by the Customer, e.g. on total weight, size, or total value of products. However, the final sum of expenses for packing and delivery is always stated during the check-out process in the Web interface of the e-shop and always before any request for payment is made.
3.3. To order any products, the Customer shall fill in the order form on the Web interface of the e-shop. This order form contains information especially about:
- the ordered products (they shall be “inserted” into the electronic shopping basket on the Web interface of the e-shop by the Customer),
- the method of payment of the purchase price,
- the requested type of delivery and the expenses connected with the delivery of products.
(together as the “Order”)
3.4. Before the Order is submitted to the Seller, the Customer can check and modify any information which has been placed into the Order.
3.5. The Order shall be sent by the Customer to the Seller by using the button “Complete Order”. Information included in the Order is considered to be correct and truthful. The Seller shall notify the Customer about their receipt of the Order via the e-mail the Customer has listed in their User Interface or their Order (the “Customer’s electronic address”).
3.6. The Seller has the right to request an additional confirmation of the Order from the Customer (e.g. in a written form or by phone) depending on the type of a particular Order (e.g. amount of products, purchase price, expected transport expenses).
3.7. The contractual relationship between the Seller and the Customer shall be valid from the date and time of the confirmation of the acceptance of the Order being delivered; such confirmation shall be sent by the Seller to Customer’s electronic address.
3.8. The Customer agrees with the fact that a means of distant communication will be used for the conclusion of each Purchase Contract. The Customer’s expenses connected with the use of the means of distant communication in connection with the conclusion of the Purchase Contract (expenses for internet connection, phone calls) shall be paid for by the Customer themselves and that such expenses are not different from the basic rate. The Seller itself will not charge the Customer any payment for the distant communication.
3.9. Presentation of products on the Web interface of the e-shop is only informative and the Seller is not obliged to conclude the Purchase Contract regarding such products. The provision § 1732, par. 2 of the Czech Civil Code shall not be used.
4. PRICE FOR GOODS AND PAYMENT TERMS
4.1. Price of products and possible expenses connected with the delivery of products in compliance with the Purchase Contract can be paid by the Customer to the Seller only via the safe and secured payment processing gateway system of GoPay (operated by GOPAY s.r.o.), where the Customer is redirected after using the button “Complete Order”. The Customer can use any payment method offered by the GoPay gateway, e.g. credit card, debit card or PayPal.
4.2. Together with the purchase price the Customer shall also pay expenses connected with the packing and delivery of products of the agreed amount to the Seller. If it is not explicitly stated otherwise, then the purchase price is considered to be the purchase price and expenses connected with the delivery of the products.
4.3. The Seller has the right to demand payment of the whole purchase price before the products are dispatched to the Customer.
4.4. Possible discounts from the purchase price provided by the Seller to the Customer cannot be mutually combined, with the exception of gift (discount) vouchers previously purchased in the e-shop.
4.5. Purchased gift (discount) voucher entitles its owner to a discount from the order price up to the amount stated on the voucher.
4.6. Special promotion prices or discounts are valid until either products labelled as such are exhausted or for a limited period. The Seller reserves the right to change any condition or completely cancel any special promotion or similar limited-time marketing event at any time.
4.6. If it is usual in the business relations or if it is established by generally applicable laws, then the Seller shall issue the invoice regarding payments performed in compliance with the Purchase Contract to the Customer. The Seller is a payer of value added tax. The invoice shall be issued by the Seller to the Customer after the purchase price is paid and it shall be sent to the Customer’s electronic address.
4.7. The Customer has the right to cancel their Order without giving any reason and without any cancellation fee, if the Order has not been already dispatched.
4.8. Cancellation of the Order shall be sent to the e-mail address firstname.lastname@example.org by the Customer. The Seller can accept the cancellation of the Order by phone as well. When cancelling the Order, the Customer needs to provide the order number, their full name and contact information. When the Order is cancelled by the Seller, the Customer will receive an e-mail confirmation.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Customer acknowledges that it is not possible to withdraw from the Purchase Contract on delivery of products which have been individually modified according to the Customer’s wish or on delivery of products which has been irretrievably mixed with other products after its delivery.
5.2. If it is not the case mentioned in Article 5.1 or another case when it is not possible to withdraw from the Purchase Contact, then the Customer has the right to withdraw from the Purchase Contract within fourteen (14) days since the receipt of such products. The Customer does not have to state any reason for doing so. If there are several kinds of products or the delivery of several parts in the Purchase Contract, then such a period begins when the last delivery of products is taken over. Withdrawal from the Purchase Contract shall be sent to the Seller within the aforementioned time period. The Customer can send their withdrawal from the Purchase Contract either:
- to e-mail address email@example.com (preferred)
- or to the Seller's contact address in the United Kingdom: Dobeado.co.uk, 92966 York House, Green Lane West, Preston, Lancashire, PR3 1NJ
- or to the Seller’s headquarters in the Czech Republic: Korálky.cz s.r.o., Malešická 2178/20, Praha 3, 130 00, Czech Republic.
The form for the withdrawal from a particular contract is available on the website (pdf file, doc file).
5.3. In the case of withdrawal according to Article 5.2, the Purchase Contract shall be cancelled from the beginning. Products shall be returned to the Seller address in the United Kingdom:
92966 York House,
Green Lane West,
within fourteen (14) days of the Customer’s withdrawal from the Purchase Contract. Expenses connected with the returning of products to the Seller shall be paid by the Customer even if such products cannot be returned via common mail due to their nature.
5.4. In the case of withdrawal from the Purchase Contract according to the Article 5.2 of those Terms and Conditions the Seller shall return money received from the Customer within fourteen (14) days of the Customer’s withdrawal from the Purchase Contract in the same way as it was accepted by the Seller from the Customer.
The Seller has the right to return accepted money to the Customer using different means if the Customer agrees with such a procedure.
In the case of Customer’s withdrawal from the Purchase Contract, the Seller is not obliged to return accepted money to the Customer unless the products are returned by the Customer or unless the Customer proves that the products were sent to the Seller.
5.5. In compliance with the provision § 1832 of the Civil Code the Customer has the right to demand the return of money connected with the transport of products (postage) when it was purchased (not when it was returned).
However, this claim cannot exceed the price of the cheapest delivery option offered by the Seller (even in the case where the Customer selected a more expensive option during their Order).
5.6. If the returned products were damaged before return, the Seller has the right to unilaterally offset the claim for the compensation of damage of products against the Customer’s claim for the refund of the purchase price.
5.7. Before the products are received by the Customer, the Seller has the right to withdraw from the Purchase Contract at any time. In such case the Seller shall refund the purchase price to the Customer without undue delay.
5.8. If the Customer receives a present together with products, then such deed of a gift between the Seller and the Customer is concluded with the resolute condition that if there will be a withdrawal from the Purchase Contract, then such deed of a gift about such present will cease to exist and the Customer shall return the sent gift together with the products.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the case when the type of transport is negotiated based on a Customer’s special request, then the Customer shall bear the risk and possible additional expenses connected with such type of transport.
6.2. If the Seller is obliged to deliver the products to the place defined by the Customer in their Order in compliance with the Purchase Contract, then the Customer is obliged to take receipt of such products on delivery.
6.3. If the products have to be delivered repeatedly or via other means due to the Customer’s reasons, then the Customer shall pay expenses connected with such repeated delivery or expenses connected with other types of delivery.
6.4. When the products are being received from a carrier the Customer shall check to see whether the packaging is not damaged and if there are any defects, then the Customer shall notify the particular carrier immediately. If it is discovered that the wrapper is damaged and that there was any unauthorized opening of such delivery, then the Customer does not have to take receipt of such a delivery from the carrier.
6.5. Other rights and duties of the contract parties during the transport of products can be modified by Seller’s special delivery terms if they are issued by the Seller.
7. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE
7.1. The Seller is liable to the Customer that the products will not be defective when received. The Seller is especially liable to the Customer that the products when received:
- have qualities which have been negotiated by the contract parties and if there are not such agreements that it has such qualities which have been described by the Seller or which are expected by the Customer with regard to the nature of the products and based on its advertisements,
- that the products are suitable for the purpose which is declared by the Seller or which is common for these kinds of products,
- products fit to an agreed sample or draft by its quality of execution if quality or execution has been defined according to an agreed sample or draft,
- products are of a matching amount, measure or weight and
- products are in compliance with the law.
The Customer is to examine the products, its characteristics and quantity immediately after receiving the products. The risk of damage passes to the Purchaser upon accepting the product in question.
7.2. If there is a defect within six months from when the products were received, then it is considered that such products were defective when they were received.
7.3. The Customer can execute his rights arising from a defective performance within 24 months since when the products were recieved.
7.4. Rights arising from a defective performance shall be executed by the Customer by the filling out of the complaints sheet which is available at the website (pdf file, doc file) and sending it to the e-mail address firstname.lastname@example.org
Such claims need to include the Order number, description of defects and possible documentation (e.g. photos). The moment when the Seller has received the returned products from the Customer is considered to be the moment of submission of such a complaint.
7.5. After receipt of the returned products the Seller shall send confirmation about the acceptance of the Customer’s complaint within 3 days from the submission of such a complaint. Confirmation about the commencement of a complaint procedure shall be sent to the Customer’s email address that was included in their Order.
7.6. The Customer shall prove (e.g. by issued invoice, order number, etc.) that they have purchased products from the Seller and that their right is executed within the proper period. The Seller does not have to accept the Customer’s complaint unless those facts are proven.
7.7. Rights arising from a defective performance do not cover wear and tear of products caused by their usual use or defects of products caused by the Customer or if the Customer has known about such defects.
7.8. If the complaint is approved by the Seller the Customer has the right to demand either:
- delivery of new products or its part,
- or withdrawal from the contract,
- or removal of defects, if possible,
- or discount from the purchase price.
Only the Customer has the right to choose the mean how to solve their claim.
7.9. In the case when the complaint is approved by the Seller then the Seller shall pay the minimum necessary expenses connected with the sending of products back to the Customer. If the Customer will not select the cheapest option of a standard delivery of products offered by the Seller, then only the expenses corresponding with the cheapest option of a standard delivery of products offered by the Seller shall be returned to the Customer. In the case when the complaint is unjustified then the Customer does not have the right for the compensation of their expenses connected with the complaint and at the same time the Seller does not have the right for the compensation of their expenses.
7.10. The time period for the processing of a complaint is suspended when the Seller has not received all documents necessary for the processing of the complaint (parts of products, other documents). The Seller shall request completion of documents from the Customer as soon as possible. Such a time period shall be suspended from this date until requested documents are delivered by the Customer.
7.11. The Seller shall notify the Customer about the processing of the complaint within 30 calendar days via the e-mail address included in the Order.
7.12. Other rights and duties of the contract parties connected with the Seller’s liability for defects can be modified using the Seller’s Complaint Procedure.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACT PARTIES
8.1. The Customer shall acquire the ownership right for products when the full purchase price is paid.
8.2. Extrajudicial settlements of the consumer’s complaints are ensured by the Czech Trade Inspection Authority (CTIA), registered seat: Štěpánská 567/15, 120 00 Praha 2, Czech Republic, internet address www.coi.cz/en/.
8.3. The Seller has the right to sell products based on their trade license. Trade supervision is performed by the Trade Office within its authority. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. Czech Trade Inspection Authority performs within the given scope supervision over the compliance with the Act no. 634/1992 Coll., on consumer’s protection, as amended.
8.4. According to the Czech Act no. 112/2016 Coll. about online sales reporting, we are obliged to issue you (the Customer) a specific receipt and register the sale online at the Czech tax administrator and provide the Customer the Czech wording of the obligation. Wording of the obligation in the Czech language is as follows: Podle zákona o evidenci tržeb je prodávající povinen vystavit kupujícímu účtenku. Zároveň je povinen zaevidovat přijatou tržbu u správce daně online; v případě technického výpadku pak nejpozději do 48 hodin.
9. PERSONAL DATA PROTECTION AND USAGE OF COOKIES
9.1. Protection of the personal data of the Customer who is a natural person is provided by the Act no. 101/2000 Coll. (the “Act”), on personal data protection, as amended.
9.2. The Customer agrees with processing of those personal data: first name and surname, address of their residence, name of the company, identification number, VAT number, electronic address, phone number (the “Personal Data”). The personal data disclosed willingly by the Customer for the purposes of placing the order and marketing are collected, processed and stored in compliance with law.
9.3. The Seller warrants that the Personal data are confidential and such will be used only for the performance of the agreement entered into with the Customer and the Seller and for Seller’s marketing purposes (incl. marketing activities performed together with Seller’s contractual partners). The Personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered products (name, account number, shipping address) or for special marketing purposes.
9.3. The Customer agrees that the Seller will process their Personal Data for the purpose of the realization of rights and duties arising from the Purchase Contract and for the administration of the User Account.
If the Customer does not select another option, then they also agree with the processing of the Personal Data for the purpose of the sending of information and business or marketing notifications by the Seller to the Customer. Consent with the processing of the Personal Data in the full scope of this article is not itself the condition which could thwart conclusion of the Purchase Contract.
The Customer’s consent is granted until revoked, either by submitting the notice of revocation in electronic form to email@example.com or in writing by sending the notice to the Seller’s registered seat of Malešická 2178/20, Praha 3, 130 00, Czech Republic.
9.4. The Customer acknowledges that they are obliged to provide their Personal Data correctly and truthfully (during registration, in their User Account, in any Order via the Web interface of the e-shop) and that they are obliged to inform the Seller about any change of their Personal Data without undue delay.
9.5. The Seller has the right to appoint any third person as the processor of the Customer’s personal data. The Customer’s personal data shall not be transferred to any third person without the Customer’s prior consent with the exception of persons responsible for the transport of the products (delivery companies).
9.6. Personal Data shall be processed for an indefinite period of time, or until revoked by the Customer. Personal Data shall be processed electronically and automatically or manually on a printed form.
9.7. The Customer confirms that the provided Personal Data is exact and that they were informed about the fact that it is a voluntary provision of Personal Data.
9.8. In the case when the Customer deems that the Seller or processor (Article 9.5) is processing their Personal Data in contradiction to the protection of private and personal life of the Customer or in contradiction to the Act, especially when the Personal Data is inaccurate with regard to the purpose of processing, it has the right to:
- request an explanation from the Seller or processor,
- demand removal of such an issue by the Seller or processor.
9.9. If the Customer will request information about processing of its Personal Data, then the Seller shall give the Customer such information. The Seller has the right to demand adequate compensation of expenses for provision of above mentioned information; however such expenses shall not exceed expenses necessary for the provision of information.
9.10. The Seller reserves the right to collect data as to the Customers’ activities on the Website and use the same in anonymised form to enhance its services.
In Prague, July 26, 2017
- Terms and conditions (pdf)
- Complaint sheet (pdf)
- Complaint sheet (docx)
- Contract withdrawal form (pdf)
- Contract withdrawal form (docx)