General conditions

Terms and Conditions

 

of the Seller: Granat, cooperative of artistic production, Turnov,

ID: 000 30 091,

with registered office: Výšinka 1409, 511 01 Turnov,

registered in the Commercial Register kept by the Regional Court in Hradec Králové under the file number Dr XVIII 390,

e-mail address: [email protected]

 

(hereinafter referred to as the "Seller")

These Terms and Conditions apply for the sale of goods via the online store located at www.granat.cz.

 

1. Introductory provisions

 

1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Seller, regulate the mutual rights and obligations of the parties when concluding a purchase contract between the Seller and a natural person (hereinafter referred to as "Buyer") through the online store (hereinafter referred to as "Online Store"), located at www.granat.cz (hereinafter referred to as "Website"). This online store is operated by the Seller.

 

2. The Buyer and the Seller are governed by the relevant applicable legislation, the purchase contract and these Terms and Conditions. By concluding the purchase contract, the Buyer expressly confirms that he/she is aware that these Terms and Conditions form an integral part of the purchase contract and that he/she has read them in detail and agrees with them.

 

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Any divergent provisions in the purchase contract shall prevail over the provisions of these Terms and Conditions.

 

4. The Buyer has been duly and timely notified of these Terms and Conditions before placing the order and has had the opportunity to read their entire wording in detail.

 

5. The Buyer agrees that means of distance communication can be used during the conclusion of the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.

 

6. The purchase contract can be concluded via the online store in Czech language. The Terms and Conditions and the purchase contract are available to the Buyer in Czech.

  

1. Definitions

 

1. The Seller is a legal person who acts within the scope of its business or other activities when concluding and performing the contract.

 

2. The Buyer is the person who buys goods through the Seller's online store. The Buyer can only be a consumer. A consumer is a natural person who, when concluding and performing a contract, is not acting in the course of his/her trade or other business activity or in the course of the independent exercise of his/her profession.

 

3. By the purchase contract, the Seller undertakes to hand over to the Buyer the thing which is the subject of the purchase and to allow him to acquire the ownership right to it, and the Buyer undertakes to take over the thing and to pay the Seller the purchase price.

 

1. The order and the process of conclusion of the purchase contract

 

1. To order goods, the Buyer places the goods in the shopping cart and then follows the instructions communicated to him/her during the purchase process. When placing an order, by selecting from the options displayed and completing the order, the Buyer selects the goods, the number of items, the method of payment and delivery.

 

2. The Buyer expressly agrees that the Seller excludes the application of Section 1732(2) of the Civil Code. An order for goods is a proposal to conclude a purchase contract.

 

3. After confirming the data in the order form, the Buyer will be asked to enter the method of payment of the purchase price and to choose the method of delivery of the goods.

 

4. After confirming the choice of the method of payment and confirming the choice of the method of delivery of the goods and before sending the order to the Seller, the Buyer is allowed to check and change the order and the data that the Buyer has entered in the order.

 

5. Unless all the requirements set out in the Civil Code as indispensable for the conclusion of a purchase contract, are negotiated during the purchase process, the purchase contract cannot be concluded, according to Section 1726 of the Civil Code. Furthermore, in accordance with Section 1740(3) of the Civil Code, the Seller excludes the acceptance of an offer with an amendment or divergence.

 

6. The Buyer sends the order to the Seller by clicking on the confirmation button. The information provided in the order is considered correct by the Seller.

 

7. In order to be valid, all the prescribed data specified in the order (form) must be completed, i.e.: the contents of the basket, name and surname, telephone, email and delivery address of the Buyer, as well as the method of delivery and the method of payment of the purchase price, and the confirmation of the Buyer that he/she has read these Terms and Conditions.

 

8. Upon receipt of the order, the Seller will send a confirmation of the order to the email address provided by the Buyer when ordering. The current Terms and Conditions of the Seller are attached to the confirmation.

 

9. In the event that an error occurred during the payment of the purchase price, the Buyer will receive an e-mail notifying him of the problem that occurred during the payment, or instructing him to make the payment in another way.

 

10. The Seller reserves the right not to confirm the order or part of it before the conclusion of the purchase contract if the goods are no longer manufactured and/or the Seller does not have them in stock and/or in case of obvious errors in the price of the goods. In the event that this situation arises, the Seller undertakes to contact the Buyer immediately in order to agree on a further course of action. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the account from which it was paid.

 

11. In the event that there is an obvious technical error from the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an order confirmation in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by confirmation of receipt by the Buyer to the Seller's email address.

 

12. The Buyer is obliged to notify the Seller immediately of any changes in his/her identification, billing and contact details that could affect the performance of the purchase contract. The details provided by the Buyer when ordering the goods are considered correct by the Seller.

 

13. Confirmation of the content of a contract concluded in a form other than a secure electronic or written form which diverges from the actual agreed content of the contract shall have no legal effect.

 

1. User registration and ordering without registration

 

1. On the basis of the Buyer's registration made on the web page of the online store (hereinafter referred to as "registration"), the Buyer can enter the user interface for his/her profile created by registration (hereinafter referred to as "user account"). From his/her user account, the Buyer can order goods in the online store.

 

2. Access to the user account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account and prudence regarding the storage of this information. The Buyer is obliged to use the user account personally and is not entitled to allow third parties to use the user account.

 

3. When ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change.

 

4. The Buyer is not entitled to allow third parties to use his user account.

 

5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the purchase contract or these Terms and Conditions.

 

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

 

7. The Buyer can also order the goods without registration, directly on the website of the online store.

 

1. Information about goods and prices, payment and delivery terms

 

1. Information about the goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.

 

2. The prices of the goods are quoted as final, excluding delivery costs.

 

3. All presentation of goods placed in the catalogue of the online store is informative and the Seller is not obliged to conclude a purchase contract regarding these goods.

 

4. Information on the costs associated with packaging and delivery is published in the online store. The information on the costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the Czech Republic.

 

5. The method of payment of the purchase price is agreed in the purchase contract. The purchase price of the goods and the price for delivery of the goods can be paid by any of the methods specified in the order form, based on the Buyer's choice.

 

6. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract by the methods specified in the form.
7. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Hereinafter in these Terms and Conditions, unless expressly stated otherwise below, the term „purchase price“ covers also the costs associated with the delivery.

 

8. In case of cash payment, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 5 days of the conclusion of the purchase contract.

 

9. In case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.

 

10. In case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited at the Seller's bank account.

 

11. The goods are delivered to the Buyer at the address specified by the Buyer in the order.

 

12. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer's order and in the confirmation of receipt of the order by the Seller. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.

 

13. The goods will be delivered to the Buyer within the usual delivery time after the conclusion of the purchase contract. The Seller reserves the right to extend the delivery time during special events, holidays and busy periods (e.g. Christmas, St. Valentine's Day). The Seller shall inform of the possible extension of the delivery time on the website of the online store in advance.

 

14. The Buyer agrees that the Seller shall provide the selected carrier with the Buyer's data in the extent necessary for the proper delivery of the goods, and the Seller shall package and mark the goods before delivery at the Seller's expense in the manner agreed in the purchase contract or in the usual manner appropriate to the agreed method of delivery and use.

 

15. If the Seller is obliged, according to the purchase contract, to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take the goods over upon delivery. If it is necessary, for reasons from part of the Buyer, 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 the goods, or the costs associated with a different method of delivery.

 

16. 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. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the package, the Buyer may not accept the shipment from the carrier.

 

17. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer together with the goods.

 

18. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

 

1. Withdrawal from the contract

 

1. The Buyer has the right to withdraw from the purchase contract.

 

2. The withdrawal period is 14 days.

• from the date of receipt of the goods,
• from the date of acceptance of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts.

 

3. Although the Buyer is entitled to withdraw from the contract without giving any reason, he/she acknowledges that the withdrawal period is intended to allow him/her to become sufficiently familiar with the characteristics of the purchased goods and cannot be understood as a right to borrow the goods.

 

4. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the purchase contract cannot be withdrawn from, among othera,

• the supply of goods customised to the consumer's wishes or for the consumer's person,
• the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons.

 

5. In case of withdrawal from the contract according to Article VI, paragraph 1 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the Seller within 14 days of sending the withdrawal to the Seller. The goods must be returned to the Seller undamaged and unworn and, if possible, in their original packaging, to the address of the Seller's registered office.

 

6. The costs associated with the return of the goods to the Seller shall be borne by the Buyer in the event of withdrawal from the contract pursuant to Article VI, paragraph 1 of the Terms and Conditions. Goods sent to the Seller on delivery will not be accepted.

 

7. In order to meet the withdrawal deadline, the Buyer must send the notice of withdrawal within the withdrawal period.

 

8. To withdraw from the purchase contract, the Buyer can use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller's delivery address specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the notice of withdrawal from the purchase contract to the Buyer.

 

9. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

 

10. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than within 14 days of the withdrawal, all funds received from the Buyer, including shipping costs, within the scope of Article VI, paragraph 11 of the Terms and Conditions, in the same manner as the Seller received the funds. The Seller shall return the funds to the Buyer by other means only if the Buyer agrees to this and if no additional costs are incurred.

 

11. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall refund the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.

 

12. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods to the Seller or proves that he has sent the goods to him.

 

13. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally offset his claim for compensation for damage induced on the goods against the Buyer's claim for reimbursement of the purchase price.

 

14. The Seller is entitled to withdraw from the purchase contract due to stock out. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the Contract, within 14 days of notification of withdrawal in the same manner as he has received them, or in the manner specified by the Buyer.

 

15. All provisions of this article of the Terms and Conditions apply exclusively to the withdrawal from the purchase contract concluded with the consumer.

 

• Rights from defective performance - complaints

 

1. If the purchased goods are defective, the Buyer is entitled to make a complaint about the defect within two years of receipt of the goods (§ 2165 (1) of the Civil Code).

 

2. When making a complaint, the Buyer must present the defective goods and if he/she requests a replacement of the defective goods with faultless ones or a refund of the purchase price, he/she must present the complete product with all its accessories. A claim cannot be made if the defect is due to improper use or storage of the goods by the Buyer or if the Buyer has made arbitrary changes or modifications to the goods. The Seller shall not be liable for defects in the goods caused by force majeure, such as natural disasters and the like. Conditions caused by the use of the goods cannot be considered as defective performance, see Article 12 of the Terms and Conditions.

 

3. The Buyer shall lodge a complaint at the Seller's registered office, which may also be contacted via a postal service provider or similar.

 

4. The fact when the goods were purchased shall be proven by the Buyer, in particular by the relevant sales receipt or other demonstrable means.

 

5. The Buyer is obliged to complain about the defect of the goods within two years from the receipt of the goods, unless a longer period is indicated on the goods, their packaging, instructions. If the Buyer does not submit the claim in time, he is not entitled to a positive settlement of the claim.

 

6. The Seller is obliged to properly examine the complaint and decide on it as soon as possible, but no later than within three working days. This time limit does not include the time required for a professional assessment of the defect, appropriate to the type of goods. The complaint, including the rectification of the defect, must be settled and the Buyer must be informed of this within 30 days of the date on which the complaint was duly made, unless the Seller and the Buyer agree in writing on a longer period. The report on how the complaint has been settled shall be given to the customer in the same way as the complaint was made, unless otherwise agreed in writing.

 

7. The Seller shall issue the Buyer with a confirmation of when the claim was made, as well as a confirmation of the repair (removal of the defect in the goods) and the duration of the repair. If the Seller finds that the claim for liability for defects is unjustified, he shall return the goods and the original receipt to the Buyer together with his decision in the claim report.

 

8. If the assertion of rights based on defects in the goods is unjustified and the Seller incurs costs for this reason, in particular for the professional assessment of the defect or for legal representation, the Seller is entitled to compensation for these costs.

 

9. Removable defects are those defects whose removal within the specified period of time will not impair the appearance, function and quality of the product. If the defect is a removable defect, the Buyer has the right to free, proper and timely removal of the defect. In addition, the Buyer may, instead of removing the defect, demand the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part of the goods, unless this is disproportionate due to the nature of the defect. If this is not possible, the Buyer may withdraw from the contract and demand a refund. The Buyer may also claim a reasonable discount on the purchase price, unless he has made other claims.

 

10. If there is an irremovable defect that prevents the goods from being properly used as goods without defects, the Buyer may, at his option, demand:

- replacing defective goods or parts of goods with faultless ones,

- withdrawal from the purchase contract and refund,

- a reasonable discount on the purchase price, unless he has made other claims.

 

11. The Buyer has the same rights in case of removable defects, if the he cannot use the goods properly due to the recurrence of the defect (after 2 previous repairs of the same nature and occurrence) after repair or due to a greater number of defects and failure to carry out the repair within the period agreed between the Buyer and the Seller.

 

12. The Seller's liability for defects in the goods does not apply, in particular, but not exclusively, in cases of:

(a) wear and tear caused by normal use of the goods,

1. b) items sold for a lower purchase price, when it comes to the defects for which the lower purchase price was agreed,
2. c) if the goods are used, for defects corresponding to the level of use or wear and tear that the goods had when they were taken over by the Buyer,

(d) for defects that have arisen:

- by unprofessional repair or other unprofessional interference with the characteristics of the goods

- by any action taken by the Buyer in contravention of the correct instructions in the instructions for use of the goods,

- by using, operating or maintaining the goods in contravention of the instructions for use, operation or maintenance of the goods, or the warranty certificate, or generally known rules for the use, operation or maintenance of the goods

- for reasons of force majeure,

- keeping, using or storing the goods in a damp, dusty or otherwise unsuitable environment, especially a chemically or physically aggressive one, unless otherwise specified by the Seller or the manufacturer of the goods

- the fault of the Buyer (e.g. mechanical damage),

- ingress of foreign substances into the goods

 

13. Here is an exemplary list of defects which cannot be considered as defects in sense of defective performance:

- change in the colour of the jewellery plating due to the environment,

- defects caused by normal wear and tear,

- defects caused by improper use of jewellery,

- mechanical damage to the jewellery,

- scratched surface of the jewellery,

- stones with visible scratches,

- broken earring mechanics above the joint,

- breaking of chains outside the connection points,

- loss of part of the jewel.

 

14. Rules concerning the quality of the goods at the moment of receipt are regulated by Section 2161(1) of the Civil Code. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt (Section 2169(2) of the Civil Code). In all other matters not expressly covered by these terms and conditions, the rights and obligations of the parties arising from defective performance of the goods shall be governed by the Civil Code.

 

• Dispute Resolution

 

1. Disputes between the Seller and the Buyer are resolved by Czech general courts.

 

1. The Czech Trade Inspectorate (ČOI), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase contract.

 

1. Personal data protection

 

1. The Seller is guided by the principles of personal data protection and secure work with data in the system and complies with all IT security standards necessary with regard to the nature of the activity carried out by the Seller.

 

1. Appropriate security software is installed on all servers used by the online store operator and on all workstations, including laptops.   

 

1. For more detailed information on data protection, please refer to the Privacy Policy at www.granat.cz.

 

1. Final provisions

 

1. All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.

 

1. All rights to the Seller's website, in particular the copyright to the contents, page layout, photographs, films, animations, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller. Buyer's purchase of goods from the Seller does not confer any rights to use registered trademarks, trade names or corporate logos of the Seller or of other individuals or entities.

 

1. The Seller shall not be liable for any errors resulting from third party´s interference with the online store or its use contrary to its purpose. The Buyer must not use any procedures that could have a negative impact on the operation of the online store and must not perform any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components that form the online store and use the online store or its parts or software in a way that would be contrary to their determination by the Seller or their purpose.

 

1. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

 

1. The purchase contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

 

1. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

 

1. A sample Withdrawal Form is attached to the Terms and Conditions.

 

 

These terms and conditions shall take effect on 1.7.2024.