TERMS AND CONDITIONS

Of company KORBIČKA ŠPERKY s.r.o., ID-No.: 054 50 829, with registered office at Rybníček 621/1, 602 00 Brno.

VALIDITY OF THE GENERAL TERMS AND CONDITIONS

1.1. These General Terms and Conditions regulate the mutual rights and obligations between KORBIČKA ŠPERKY s.r.o., ID-No: 054 50 829, with registered office at Rybníček 621/1,
602 00 Brno, registered at the Regional Court in Brno under file no.
C 95408 (hereinafter referred to as "Seller") and a natural or legal person (hereinafter referred to as "Customer") on sale of goods by the Seller. The Seller and the Customer are also collectively referred to as the "Parties" or individually as a "Party".

1.2 These General Terms and Conditions shall always be considered an integral part of the agreement for the sale of goods concluded between the Seller and the Customer pursuant to Section 2085 et seq. of Act No. 89/2012 Coll., Civil Code, not only if the agreement for the sale of goods directly refers to these General Terms and Conditions within the meaning of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, but also if the agreement for the sale of goods is concluded after the Customer has explicitly accepted these general terms and conditions (e.g. by signing the printed copy delivered to the Seller or by another act).

1.3 By entering into an agreement for the sale of goods, the Customer bindingly agrees to all rights and obligations contained in and resulting from these General Terms and Conditions. The Parties agree that the regulation of the agreement for the sale of goods is governed by Section 2085 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Act No. 89/2012 Coll.”).

1.4 Deviating arrangements in the concluded agreement for the sale of goods shall prevail over the provisions of these General Terms and Conditions.

1.5 Mutual relations not regulated by the agreement for the sale of goods, or these general terms and conditions shall be governed by the provisions of the legal system of the Czech Republic, in particular Act No. 89/2012 Coll.

CONCLUSION OF AN AGREEMENT FOR THE SALE OF GOODS AND PAYMENT OF THE PURCHASE PRICE

2.1 The agreement for the sale of goods between the Seller and the Customer is concluded upon acceptance of the offer by the Customer by making a binding order on the Seller's Online shop operated on the website www.korbicka.com (hereinafter referred to as the "Online Shop") and paying the purchase price. In the Online shop, the Customer selects the specific goods, then their further specification, method of transport and payment, contact information and delivery address. By clicking on the button "send order", a binding order is placed by the Customer. Before making a binding order, the Customer is informed of the purchase price, the specification of the goods, the expected delivery time, the filled contact information, the delivery address and the method of transport and payment. Before making a binding order, the Customer can check the information entered by him and change it if it´s necessary. After sending a binding order, the Customer will receive an order confirmation on his filled email. At the same time as the confirmation, the Customer will receive payment details for payment of 100% of the purchase price. Until payment is made, the Seller is not obliged to start performance of the agreement for the sale of goods. The Customer will receive the tax document - invoice together with the goods.

2.2 The Customer acknowledges that the goods displayed on the Seller's Online shop may differ slightly in colour from the final goods. Especially for natural stones, the Seller cannot guarantee the same colour of the displayed and final goods.

2.3 In the case of concluding an agreement for the sale of goods via Online shop, all data filled in by the Customer is Stored by the Seller. Upon written request to the e-mail: [email protected], the Seller shall provide the completed data to the Customer.

2.4 The agreement for the sale of goods is be concluded in the Czech language.

2.5 The agreement for the sale of goods between the Seller and the Customer may be further concluded by drawing up an order form in the Seller's commercial premises at Rybníček 621/1, 602 00 Brno and at Senovážné náměstí 1565/16, 110 00 Prague. When concluding an agreement for the sale of goods in the Seller's commercial premises (also referred to as " Store"), the Customer is obliged to:
a) in case of order for a ring not made to the Customer's specifications or customised to the Customer's personal needs, pay 100% of the purchase price on the spot; or
b) in case of goods made according to the Customer's specifications or customized to his personal needs, to pay the design proposal of the jewellery in the amount of CZK 15,000 and subsequently, after disapproval on the proposal and the total price of the goods, the purchase price in the amount of 100%.
The Customer acknowledges that the jewellery design proposal may not exactly match the final design.

2.6 In case that the purchase price is not paid by the Customer in accordance with point a) or b) of point 2.5 of these General Terms and Conditions, the agreement for the sale of goods shall be terminated.

2.7 For the cases of a) or b) of point 2.5 of these General Terms and Conditions, the Parties exclude the application of Section 2119(1) of Act No. 89/2012 Coll.

2.8 The Customer may pay the purchase price in cash in the Store, but not more than the amount according to Act No. 254/2004 Coll, on Restriction of Cash Payments and also by no cash payment to account no. 115-3481020267/0100, IBAN: CZ8501000001153481020267, SWIFT code: KOMBCZPPXXX, maintained at Komerční banka, a.s. for payments in CZK or 123-8297370227/0100, IBAN: CZ72 01000001238297370227, SWIFT code: KOMBCZPPXXX, maintained at Komerční banka, a.s. for payments in EUR or by debit card. 

2.9 When using a postal service provider, the Customer can pay the purchase price by transfer to the Seller's account or via PayPal. The Seller does not require the Customer to pay for the costs associated with the use of postal services in excess of the purchase price if the goods are sent within the Czech Republic within standard delivery times. When sending shipments abroad or when sending shipments within a shorter than the standard time limit, the amount for the transportation of the goods is also added to the purchase price, which is part of the purchase price.

2.10 The Seller is subject to value added tax.

DELIVERY PERIOD

3.1 With the exception of goods that are physically available in the Seller's Store, the standard delivery time is 6 to 8 weeks from the date of making a binding order and payment of the purchase price.

3.2 The Seller may extend the delivery time in justified cases. The Seller shall always notify the Customer of any extension of the delivery period.

WITHDRAWAL FROM THE AGREEMENT FOR THE SALE OF GOODS

4.1 In the case of a binding order according to the procedure under point 2.1 of these General Terms and Conditions, the Customer - consumer can withdraw within 14 days from the conclusion of the agreement for the sale of goods or within 14 days from:

a) receipt of the goods from the carrier (postal service provider); or

b) receipt of the last piece of goods from the carrier (postal service provider) if the Customer-consumer orders several pieces of goods within one order, which are delivered separately; or

c) receipt of the last item from the carrier (postal service provider) or part of a delivery of goods consisting of several items or parts.

4.2 A model form for withdrawal from the agreement for the sale of goods is contained in Annex 1 to these General Terms and Conditions.

4.3 Withdrawal from the agreement must be made in writing to the address of the Seller's Store or electronically to the e-mail: [email protected]

4.4 The Customer - consumer cannot withdraw from the concluded agreement for the sale of goods in accordance with point 4.1 of these General Terms and Conditions, if it is a delivery of goods manufactured according to his requirements or adapted to his personal needs, pursuant to Section 1837(d) of Act No. 89/2012 Coll.

4.5 Upon withdrawal from the agreement, the legal effects from the beginning are cancelled and the parties are obliged to reimburse each other. The Customer is obliged to return the goods to the Seller within 10 days of withdrawal from the agreement for the sale of goods. The Seller shall refund the purchase price paid within 14 days from the time:

a) when the notice of cancellation of the agreement for the sale of the goods is delivered to him; or

b) when the returned goods were handed over to him; or

c) when he received the document proving the dispatch of the goods.

4.6 The costs of returning the goods upon withdrawal from the agreement for the sale of goods shall be borne by the Customer, even if the goods cannot be returned by the usual postal method due to their nature. Indicative prices for postage services are published at the address of the Czech Post (Price list of services of the Czech Post - Česká pošta (ceskaposta.cz)). Indicative prices for postage services provided by PPL CZ s.r.o. are published at ppl_cz_prices-edit-21.06.17.

4.7 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Customer's claim for refund of the purchase price paid.

4.8 The concluded agreement for the sale of goods may also be withdrawn by mutual agreement of the Parties.

RIGHTS FROM DEFECTIVE PERFORMANCE

5.1 Rights arising from defective performance are governed by the legal regulation contained in Act No. 89/2012 Coll.

5.2 The Customer is entitled to annual servicing of goods purchased from the Seller. The service includes polishing, cleaning, refinishing, renewal of the surface treatment, checking the fit of the stones and rhodium plating of the white gold. Servicing does not include change the size of the goods.

5.3 The Customer may exercise the right of defective performance (hereinafter referred to as "Claim") in writing to the address of the Store or electronically to the e-mail: [email protected]. The Seller shall notify the Customer of the acceptation of the Claim within 5 working days. The Seller shall resolve the Claim in writing within 30 days of receipt of the Claim and shall notify the Customer of the Claim within the same period. The Seller shall issue the Customer who has made a Claim with a written confirmation of when the Claim was made, what its content is and what method of settlement is required. The Seller shall issue to the Customer a confirmation of the date and method of handling the Claim and shall issue a written justification for any rejection of the Claim. The form for claiming the quality guarantee is attached as Annex 2 to these General Terms and Conditions.

5.4. The goods are usually made of precious metals that are soft. The Seller is not liable for damage to the goods caused by the Customer or force majeure.

GIFT VOUCHERS AND COMPETITIONS

6.1 Gift vouchers can be purchased through the Online shop or at the Saller's Store. The gift voucher is valid for 12 months from the date of purchase. When redeeming a gift voucher, the value of the gift voucher is deducted from the purchase price of the goods. A gift voucher can only be redeemed once.

6.2 The Seller periodically announces a competition in the form of a donation for a gift via Instagram and Facebook. The terms and conditions for participation the competition, including the date of the winner's announcement, are precisely defined in the Instagram and Facebook post. The Seller reserves the right to change the terms and conditions or to cancel the already announced competition. The Seller would inform about this in the same way as it announces the competition.

PROCESSING OF PERSONAL DATA, COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

7.1 The Seller is entitled to process the contact and identification data of the Customer and other data related to the agreement for the sale of goods in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as "GDPR"), on the basis of the performance of a legal obligation, the performance of a agreement, as well as in cases of legitimate interest of the Seller, i.e. also for the purposes of direct marketing (information and product campaigns) of the Seller. The Seller is entitled to process personal data for the duration of the agreement for the sale of goods and, after the end of this agreement, for as long as necessary in case of legitimate interests and the performance of legal obligations (bookkeeping, enforcement, legal disputes, guarantee periods, etc.). The Seller processes personal data manually and automatically.

7.2 Personal data may be obtained by the Seller in connection with the conclusion of an agreement for the sale of goods, by direct contact with the Customer or, where applicable, from third parties. In the cases and under the conditions set out in Articles 15 to 22 of the GDPR, the Customer may request free access to his/her personal data, a copy, rectification or erasure, or restriction of processing, and object to processing, profiling, as well as exercise the right to data portability. The Customer also has the right to lodge a complaint with a supervisory authority.

7.3 The Customer acknowledges that, for the purposes of the performance of the agreement for the sale of goods, the Seller may transfer the Customer's personal data specified in the agreement for the sale of goods to third parties to be used by the Seller in the performance of the agreement for the sale of goods and that such third party shall transfer the Customer's personal data back to the Seller.

7.4 The Customer consents to the sending of information relating to the Seller's goods, services or enterprise to the Customer's electronic address and further consents to the sending of commercial communications to the Customer's electronic address. The Customer agrees to the storage of cookies on Seller´s computer. In case that the Seller's Online shop can be used and the obligations under the agreement for the sale of goods can be meet without storing cookies on the Customer's computer, the Customer may revoke the consent pursuant to the previous sentence at any time.

FINAL PROVISIONS

8.1 In case that a Customer dispute arises between the Customer and the Seller in the course of the performance of the agreement for the sale of goods, which cannot be resolved by mutual agreement, the Customer may submit a proposal for an out-of-court settlement of such dispute to the designated entity for the out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority (www.coi.cz).

8.2 The Customer assumes the risk of change of circumstances pursuant to Section 1765(2) of Act No. 89/2012 Coll.

8.3 If the relationship based on an agreement for the sale of goods contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law.

8.4 If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the agreement for the sale of goods or to the general terms and conditions shall be in writing.

In Brno, on 15.3.2023