Shop: Myslíkova 9, Prague 1 Monday – Friday 11-19 Saturday – Sunday 10-18 Invoicing information: du coeur s.r.o, Jugoslávských partyzánů 1600/29, 160 00 Praha 6 identification number: 17617171 www.DUCOEUR.CZ Contact details: E-mail address: firstname.lastname@example.org phone: 777768699 hereinafter also referred to as "Seller" 1. INTRODUCTORY PROVISIONS 1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at www.ducoeur.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface"). 1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession. 1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. 1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language. 1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions. 2. USER ACCOUNT 2.1 Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop. 2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller. 2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account. 2.4 The Buyer is not entitled to allow third parties to use the user account. 2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions). 2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties. 3. CONCLUSION OF THE PURCHASE CONTRACT 3.1 The Buyer acknowledges that the photographs on the web interface are for informational purposes only, the colour of natural materials such as stones, pearls etc. may vary for each product, this is their natural characteristic and is not a defect. 3.2 All presentation of the goods on the web interface of the shop is for information purposes only and the Seller is not obliged to enter into a contract of sale in respect of the goods. Section 1732(2) of the Civil Code shall not apply. 3.3 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. 3.4 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic. 3.5 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about: 3.5.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store), 3.5.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and 3.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order"). 3.6 The Buyer acknowledges that all Goods are made to order by the Seller only after the Buyer has placed an order. 3.7 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with respect to the Buyer's ability to detect and correct errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the button " ". The data provided in the order is considered correct by the Seller. 3.8 The sending of the order is considered to be such an act of the Buyer, which identifies in an unquestionable way the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price, and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions. 3.9. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address"). 3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone). 3.10. The draft purchase contract in the form of an order is valid for fifteen days. 3.11. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address. 3.12. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address indicating the possible variants of the order and requesting the Buyer's opinion. 3.1š. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case only upon the Buyer's acceptance via e-mail. 3.14. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate. 4. PRICE OF GOODS AND PAYMENT TERMS 4.1 The current payment options for the price of the goods and any costs associated with the delivery of the goods are always listed on the web interface of the shop. Currently, the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement can be paid to the Seller in the following ways: 4.1.2. by wire transfer to the Seller's account specified in the Order Confirmation (the "Seller's Account"); 4.1.3. cashlessly via a payment system/payment card; 4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. 4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance. 4.4. 4.5 In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. 4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply. 4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. 5. WITHDRAWAL FROM THE PURCHASE CONTRACT 5.1 In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract (if the Purchase Contract is concluded at a distance or outside the business premises) within fourteen (14) days of receipt of the goods, and if the subject of the Purchase Contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. 5.2 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, among other things, cannot be withdrawn from. Thus, the purchase contract cannot be withdrawn from if the jewellery has been modified according to the specific wishes of the buyer (so-called personalised jewellery), e.g. the jewellery has been embossed at the buyer's request, the standard length of the jewellery has been modified, a medallion has been added, etc. If the jewellery is a standard jewellery piece (it has not been customised), the buyer has the right to withdraw from the contract and return the goods. 5.3 For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal. In case of return of goods, the Buyer is always obliged to provide the goods with the withdrawal information (specification of the goods, purchase price, specification of the Buyer - name, surname, address, email, telephone, order number, date of ordering, date of receipt of goods, account number to which the funds are to be returned). The seller will only refund the purchase price of the goods, not the shipping cost. The buyer is responsible for all costs associated with the withdrawal from the contract and the return of the goods. 5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller. 5.5 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Buyer is obliged to return the purchased goods to the Seller exclusively by means of the mail order service, by sending them to a specific branch specified by the Seller. The Seller is not obliged to accept the return of goods in any other way, e.g. through another entity (Czech Post, PPL, etc.). 5.5 In the event of withdrawal from the contract under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the return of the purchased goods by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in any other manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. 5.6 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price. 5.7 Until the Buyer accepts the goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer. 5.8 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller. 5.9 The returned goods must be returned in the original packaging and condition in which they were delivered by the Seller. If defects are found in the returned goods, the Seller is entitled to reduce the amount refunded to the Buyer according to the nature of the damage to the returned product, or not to accept the returned goods at all. 6. TRANSPORT AND DELIVERY OF GOODS 6.1 The Seller is entitled to make the shipping options, the current shipping options are always listed on the web interface of the shop. The Seller has the right to change the carrier at its own discretion (e.g. in exposed periods such as Christmas, etc. the Seller has the right to use instead of the carrier Zásilkovna Česká pošta, etc.), in which case, however, the price of transport remains the same and the Seller will not require any additional costs from the Buyer on account of transport fees. 6.2 If the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport. The Seller shall not be obliged to comply with such special request of the Buyer. 6.2 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery. 6.3 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery. 6.4 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier and make a claim with the carrier. 7. RIGHTS FROM DEFECTIVE PERFORMANCE 7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code). 7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. 7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in used goods corresponding to the level of use or wear and tear the goods had when taken over by the Buyer, or if this is apparent from the nature of the goods. 7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. 7.5 The Buyer shall assert the rights arising from the defective performance with the Seller, and the claim may only be made via the Parcel Service (and to the address of the branch listed on the web interface). The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made. The Buyer is always obliged to state the reason for the complaint. 7.6 The defect of the goods is not normal wear and tear, oxidation of the metal, mechanical damage to the goods (e.g. breaking of the chain, breaking of the pearl or stone, etc.). 7.7 A sample claim form is available on the web interface. 8. FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES 8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods. 8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code. 8.4 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. 8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code. 9. PROTECTION OF PERSONAL DATA 9.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. 9.2 The Buyer consents to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data"). 9.3 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract. 9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data. 9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent. 9.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner. 9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data. 9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out processing of his/her personal data which is contrary to the protection of private and personal life of the Buyer or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the Buyer may: - 9.8.1. ask the seller or processor for an explanation, - 9.8.2. require the seller or processor to remedy the situation. 9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information. 10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES 10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address. 10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time. 11. DELIVERY 11.3 The Buyer may be served at the Buyer's electronic address, unless otherwise specified. 11.4 Withdrawal from the Purchase Contract and claims by the Buyer may be delivered by electronic mail to the address indicated on the web interface, and may also be delivered by the Parcel Service (together with the return of the goods or sending the goods for claim). 12. CONCLUDING PROVISIONS 12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation. 12.2 If any provision of the 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing. 12.3 The Purchase Contract including the Terms and Conditions shall be archived by the Seller in electronic form and shall not be accessible. 12.4 The sample withdrawal form and the sample complaint form are annexed to the terms and conditions. TO RETURN YOUR SHIPMENT, PLACE AT ZÁSILKOVNA OUR CODE 93720334 to create a return label.