General Terms and Conditions

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Terms and Conditions, DANFIL JEWELLERY s.r.o.

DANFIL JEWELLERY s.r.o.

Registered office: Liberec, Lomová 704, postcode 463 12, Czech Republic 

Identification No.: 272 77 844

Registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 22160 for the sale of goods through an online shop located at www.cutie-kids.co.uk.

 

TERMS AND CONDITIONS FOR THE CONSUMERS

(the "Terms")

DANFIL JEWELLERY s.r.o., Identification No.: 272 77 844, registered office in Liberec, Lomová 704, postcode 463 12, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 22160 for the sale of goods via an online shop located at www.cutie-kids.co.uk.

 

1. Introductory provisions

1.1. Terms of DANFIL JEWELLERY s.r.o. (the "Seller") provide for the mutual rights and obligations of the Parties arising in relation with the Purchase Agreement (the "Purchase Agreement") entered into between the Seller and the individual (the "Buyer") via the Seller's internet store at www.cutie-kids.co.uk (the "E-shop") in accordance with Sec. 1751 et seq. of Act No. 89/2012 Sb., Civil Code, as amended (the "Code").

1.2. These Terms and Conditions do not apply if the Buyer is a legal person or a person entering into Purchase Agreement in the course of Buyer's business or in the exercise of Buyer's independent profession.

1.3. Provisions diverging from the Terms may be negotiated in the Purchase Agreement. Diverge provisions in the Purchase Agreement prevail over the provisions of the Terms.

1.4. The provisions of the Terms constitute an integral part of the Purchase Agreement.       

2. Registration and ordering without prior registration

2.1. The Buyers may access their User Account based on their registration in the E-shop. The Buyers may order goods from their User Account (the "User Account").

2.2. When registering in the E-shop, ordering the goods via User Account, or ordering goods without prior registration, the Buyer is obliged to provide correct and truthful information. Information entered into User Account must be updated by the Buyer as changes occur. Information that was entered into User Account, provided when ordering the goods via User Account and also when ordering the goods without prior registration is considered to be correct.

2.3. Access to the User Account is secured by the username and the password. The Buyers are obliged to maintain confidentiality regarding information necessary to access their User Account.

2.4. The Buyers are not entitled to allow the use of their User Account to third persons.

2.5. The Seller is entitled to close the Buyers' User Accounts in particular if the Buyers do not use their User Account for more than 24 months or they breach their obligations under the Purchase Agreement and the Terms.

2.6. The Seller enables the Buyer to order the goods without prior registration directly from the web interface of the E-shop.  

3. Business hours of the E-shop

3.1. E-shop is open 7 days a week, 24 hours a day.

3.2. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary Seller's hardware and software maintenance or the necessary hardware and software maintenance of third persons.

4. Entering into the Purchase Agreement

4.1. Presentation of the goods placed on the E-shop interface is for information purposes only and the Seller is not obliged to enter into the Purchase Agreement for these goods. The provisions of Sec. 1732 (2) of the Code do not apply.

The web interface includes also, besides other things, information on the goods, their prices, packing and delivery costs and the costs of goods return if the goods cannot be returned using the usual mail service. Prices are quoted in GBP (£) for a standard design of the goods (i.e. before any individual customization), inclusive of VAT and all related fees. Product prices remain valid as long as they are displayed on the web interface of the store. The weight of some goods is displayed, however, such data is only indicative and does not necessarily correspond to the actual weight.

4.2. The Buyer acknowledges that the final prices of the goods are quoted after being rounded up to the nearest whole GBP in accordance with the relevant legislation; therefore, in the specific situations, the total sum of all purchased goods might deviate slightly from the quoted purchase price due to rounding to whole GBPs. The Buyer further acknowledges that individual customizations result in the price being different from the original amount depending on degree of individual customization (shape, material, colour, etc.). A detailed breakdown of the purchase price is always provided in the Buyer's order.

4.3. Special offers are valid while stocks last or for a certain period of time.

4.4. The Buyer orders goods in the E-shop through an order form containing, in particular, information about:

Required goods and purchase price (the Buyer "puts" the goods into the electronic shopping cart of the E-shop web interface);

Purchase price payment method;

Delivery method of the required goods;

Information on the costs of delivering the goods.

Before submitting the order to the Seller, the Buyer may check and modify information entered into the order, taking into account the Buyer's ability to identify and correct the errors that might have occurred when placing the order. The Buyer submits the order by pressing the ORDER button. The electronic order is valid only if the all the required details are entered into the form.

4.5. By submitting the order, i.e. by confirming the entered details with the ORDER button, the Buyers confirm their consent with the consolidated text of the Code as well with the Rules for raising the warranty claims.

4.6. After receiving the order, the Seller always confirms order delivery by sending the e-mail to the address provided by the Buyer in the order.

4.7. The Seller is always entitled to ask the Buyer for additional order confirmation (either in writing or by phone) regardless of the nature of required goods and their quantity.

4.8. The Seller and the Buyer enter into Purchase Agreement upon delivery of the order confirmation (order acceptance) that is sent by the Seller to the Buyer by e-mail to the Buyer's email address provided in the order.

4.9. The Buyer agrees to use the means of distance communication when entering into the Purchase Agreement. Using the means of distance communication (telephone, the internet, etc.) for the execution of the order incurs ordinary costs depending on the tariff of the telecommunication services used by the Buyer.

4.10. The Buyer acquires ownership of the goods by paying the entire purchase price.

4.11. The Buyer hereby assumes the risk of change in circumstances in accordance with Sec. 1765 (2) of the Civil Code.

4.12. The Buyer acknowledges that the purchase of the goods does not establish any rights to use the registered trademarks, trade names, company logos or patents of the Seller or other entities.  

5. Payment Terms

5.1. The Buyer may pay the Seller the price of the goods and any costs associated with their delivery under the Purchase Agreement using any of the following methods:

Cash payment during business hours at the Seller's registered office (Liberec, Lomová 704, postcode 46312, Czech Republic); 

Cash on delivery (COD) at the place specified in the Buyer's order;

Wire transfer to Seller's account No. ....... maintained by ....... (the "Seller's Account") – the delivery time starts running after crediting the money to the Seller's account; the order number must be used as the variable symbol and the Buyer's name must be provided as the payment reference;

Cashless transfer via an online payment system (PayU, PayPal, etc.).

5.2. The Buyer is obliged to pay the purchase price and the costs associated with the packaging and delivery of the goods at the agreed rate. Unless explicitly stated otherwise, the purchase price means under the Terms also the costs associated with delivery of goods.

5.3. In case of specific goods not usually in stock or the customized goods for the Buyer, the Seller is entitled to require the Buyer to pay 100% of the product purchase price in advance. 

5.4. If the Buyer pays in cash or by cash on delivery, the purchase price is due upon receipt of the goods. If the Buyer makes a cashless transfer, the purchase price is due within 3 days of entering into the Purchase Agreement.

5.5. In case of cashless transfer, the Buyer is obliged to pay the purchase price of the goods and state the order number as the variable symbol. In case of cashless transfer, the Buyer's obligation to pay the purchase price is fulfilled at the moment the appropriate amount is credited to the Seller's account.

5.6. The Seller is entitled to request the Buyer to pay the entire purchase price before the goods are dispatched to the Buyer, unless the Buyer confirms the order additionally under par. 4.8 of the Code. The Sec 2119 (1) of the Code does not apply.

5.7. No price discounts provided to the Buyer can be combined with each other.

6. Transport and delivery of the goods

6.1. The modes of transport and delivery times of the goods are specified on the E-shop web interface or in the description of the ordered goods. The following modes of transport are available: personal pickup (Liberec, Czech Republic), GLS, UPS, and DPD. All goods are shipped in accordance with the delivery time specified in the description of the ordered goods. Unless delivery time can be kept for operational reasons, the customer will be notified accordingly by telephone or by email. If paying by cash on delivery, the delivery time starts running at the moment of ordering; if paying by other means, the delivery time starts running at the moment that the payment  credits  to the Seller's account. If the mode of transport is agreed based on a Buyer's exceptional request, the Buyer bears the risk and any additional costs associated with such mode of transport.

6.2. Personal pickup – the Buyer may pick up the goods personally after arranging this in advance by sending email to info@danfil.cz or by calling +420 485 110 116. The goods are available at the Seller's registered office in Liberec, Lomová 704, postcode 46312, Czech Republic.

6.3. GLS – parcels are delivered via GLS. GLS delivers to the Great Britain within 3-4 business days. The shipping costs are calculated based on the current GLS price list.

6.4. DPD – DPD delivers parcels to the Great Britain within 2-3 days. The service price is calculated based on the current DPD service price list.

6.6. Goods that are in stock are usually dispatched within 48 hours when ordered on a working day, within 96 hours when ordered on Saturday, Sunday, or a public holiday. If paying by cash on delivery or in cash at the Seller's registered office, the delivery time starts running at the moment of Seller's order confirmation; if paying by other means, the delivery time starts running at the moment of crediting the payment to the Seller's account. The delivery time of the goods to be produced is extended by the time required for manufacturing such goods; 8 days is usually the maximum. The time limit extension clause also applies to goods requiring individual customization according to the Buyer's instructions; the delivery time extends for the time needed for the individual customization of the goods, 8 days are usually concerned.

6.7. If pursuant to the Purchase Agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take the goods upon delivery.

6.8. If the goods need to be delivered repeatedly or by any method other than stated in the order due to the reasons occurring by the Buyer, the Buyer is obliged to pay the Seller the costs associated with repeated delivery of goods, or the costs associated with other delivery methods.

6.9. The Buyer is obliged to check the integrity of the packaging of goods upon takeover of the goods from the carrier, and if any defects are detected, the Buyer is obliged to notify the carrier immediately. If the Buyer finds the parcel unsealed, the Buyer is not obliged to accept such parcel from the carrier. If the Buyer accepts such damaged parcel, he or she is obliged to describe the damage in the Carrier's handover certificate.

6.10. The Seller will send the documents for the goods, particularly the invoice, to the Buyer immediately after taking delivery of the goods, no later than 2 days after taking delivery of the goods unless such documents are passed to the Buyer together with the goods.

6.11. If unforeseeable circumstances or circumstances beyond the control of the parties (such as all cases of force majeure) that prevent the Seller from keeping the agreed delivery time, occur, such delivery time is extended for the time such circumstances took; these include, without limitation, armed conflicts, official interference and prohibitions, delays in transport and customs clearance, damage caused by transport, lack of electricity or  raw materials, collective disputes and other employment disputes with employees, as well as the failure of an important supplier who is difficult to replace. The mentioned circumstances enable extension of the delivery time even if they occur with the subcontractor.

7. Withdrawal from the Purchase Agreement

7.1. Pursuant to Sec. 1829 (1) of the Code, the Buyer is entitled to withdraw from the Purchase Agreement within 14 days of taking delivery of the goods; if the Agreement deals with several types of the goods or delivery of several components, such time limit starts running from the last delivery of the goods. The withdrawal from the Purchase Agreement must be sent to the Seller no later than the last day of the time limit mentioned in the previous sentence. The Buyer may use the template form provided by the Seller to withdraw from the Purchase Agreement; such form constitutes an annex to these Terms.

7.2. Withdrawal from the Purchase Agreement may be sent to the Seller to the address of the Seller's seat: Liberec, Lomová 704, postcode 463 12, Czech Republic or by e-mail to info@danfil.cz. The goods may be returned only to the Seller's registered office at the provided address.

7.3. In the cases when the Buyer is entitled to withdraw from the Agreement under Sec. 1829 (1) of the Code, the Seller is also entitled to withdraw from the Agreement any time until Buyer's taking delivery of the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay; the return will be made by cashless transfer to the account specified by the Buyer.

7.4. The Buyers acknowledge that under Sec. 1837 of the Code they are not entitled, inter alia, to withdraw from an agreement to supply the goods customized according to the Buyers' instructions.

7.5. In case of withdrawal from the Purchase Agreement pursuant to Art. 7.1 of the Terms, the cancellation is retroactive to commencement of the Agreement. The goods must be returned to the Seller within 14 days from the withdrawal from the Agreement. If the Buyer withdraws from the Agreement, the Buyer bears the costs associated with goods return to the Seller, even if the goods cannot be returned using the usual mail service due to their properties.

7.6. In case of withdrawal from the Purchase Agreement pursuant to Art. 7.1. of the Terms, the Seller will return the funds received from the Buyer within 14 days of withdrawal from the Agreement by the Buyer in the same manner as the Seller received the funds from the Buyer. The Seller is also entitled to return the payments provided by Buyer upon return of the goods by the Buyer, or provided otherwise if the Buyer agrees to it and does not incur any additional costs associated with it.  If the Buyer withdraws from the Agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that the goods were dispatched to the Seller.

7.7. If the Buyer selects the goods delivery method different from the cheapest one offered by the Seller, the Seller will return the Buyer the costs of goods delivery only corresponding to the costs of the cheapest method of goods delivery.

7.8. The Seller is entitled to unilaterally offset his claim to compensate for the damage to the goods against the Buyer's claim to refund the purchase price.

7.9. If a gift is provided to the Buyer together with the goods, the Gift Agreement between the Seller and the Buyer is entered into under the condition subsequent that if the Buyer withdraws from the Agreement, the Gift Agreement dealing with such gift becomes ineffective and the Buyer is obliged to return the gift together with the goods to the Seller. 

7.10. The Seller is further entitled to withdraw from the Purchase Agreement even if the Buyer does not collect the goods prepared at the Seller's establishment for personal pickup within the time limit under Art. 6.7. of the Terms. 

8. Rights arising from defective performance

8.1. The rights and obligations of the parties regarding the rights arising from defective performance are governed by the applicable generally binding legislation (including but not limited to Sec. 1914 to 1925, Sec. 2099 to 2117 and Sec. 2161 to 2174 of the Code and the Act No. 634/1992 Sb., On Consumer Protection, as amended).

8.2 The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer, that when the Buyer takes delivery of the goods:

the goods have properties agreed by the Parties, and in the absence of agreement, the goods have such properties the Seller or manufacturer described or Buyer expected with regard to the nature of the goods and based on advertising;

the goods are appropriate for the purpose stated by the Seller or for which the goods of the same type are normally used;

the goods quality or design correspond to the quality or the design of the agreed sample or template if the quality or the design were determined by the agreed sample or template;

the goods are of appropriate quantity, size or weight;

the goods comply with the legal requirements.

8.3. The Seller is not liable for defects of the goods resulting from improper or defective use or for any consequential damages incurred if such use is not customary. Furthermore, the warranty does not apply to defects caused by incorrect or inappropriate handling and use that is contrary to common use. Furthermore, the Seller is not liable for the weight of the goods stated on the goods as the weight is only indicative and may not necessarily correspond to the actual weight of the goods.

8.4. If the defect occurs within six months from taking delivery, it is considered that the property was defective upon taking delivery.

8.5. The Buyer is entitled to exercise the right of the defect that occurs with the new consumer products within the warranty period of 24 months from the receipt, unless the manufacturer decides otherwise.

8.6. The Seller provides a purchase receipt (invoice) as a proof of warranty for the purchased goods; the invoice must include statutory details required for the warranty (including but not limited to the name of goods, the warranty period, the price, the quantity, and, if applicable, the jewel code).

9. Raising warranty claims

9.1. Warranty claims may be raised by the Buyer either in person at the Seller's registered office at the following address: Liberec, Lomová 704, postcode 463 12, the Czech Republic, or by delivering the goods to that address. The delivered goods must be clean, complete and packed suitably to avoid any damage.

9.2. The Buyer is obliged to raise a warranty claim with the Seller without undue delay after detecting the defect.

9.3. The Buyer is obliged to notify the Seller about the exercised right upon notification of the defect or without undue delay after notification of the defect. The Buyer may change his or her choice of exercised right without the Seller's consent only if the Buyer has requested a correction of a defect that proves to be irreparable.

9.4. Unless the Buyer exercises his or her right arising from a material breach of contract in a timely manner, he or she holds the same rights as in the case of an immaterial breach of contract.

9.5. The Seller will consider the warranty claim immediately, or within three working days if the claim is complex.

9.6. The Seller will confirm in writing the following facts to the Buyer: the date of the Buyer’s raising the warranty claim, the subject of the warranty claim and the Buyer's requested settlement of the warranty claim. 

9.7. Unless agreed otherwise, the warranty claim (including defect removal) must be settled by the Seller within 30 days from the raising of the warranty claim. The Seller will notify the Buyer by email or by phone as to the results of the warranty claim settlement.

9.8. The Seller will confirm to the Buyer in writing the means by which the claim was settled; such written confirmation will include a description of the defect, method of defect removal, duration of warranty claim settlement or the reasons for rejecting the warranty claim.

9.9. The warranty period will be extended by the period starting from the day of raising the warranty claim and ending the day of the claim settlement or the day when the Buyer was obliged to collect the goods.

9.10. The Buyer is obliged to take over the claimed goods within 30 days from the latest day when the claim was supposed to be settled; the Seller is entitled to sell the goods himself at the Buyer's cost at the end of the aforementioned period. The Seller must notify the Buyer on such procedure in advance and provide the Buyer a reasonable amount of additional time to take over the goods.

10. Data protection

see Information on the processing of personal data

11. Dispute resolution

11.1. The Buyer may raise any complaints to the Seller by email sent to info@danfil.cz.

11.2. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Identification No.: 000 20 869, the internet address: http://www.coi.cz has competent jurisdiction for an out-of-court settlement of consumer disputes under the Agreement. The online dispute resolution platform on http://ec.europa.eu/consumers/odr is available for resolution of disputes between the Seller and the Buyer under the Agreement.

11.3. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, (and registered website at http://www.evropskyspotrebitel.cz) is a contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

11.4. The Seller is entitled to sell the goods based on the relevant trade license. The authorized Trade Licensing Office carries out the trade inspection within its scope of authority. Supervision over data protection is exercised by the Personal Data Protection Authority. The Czech Trade Inspectorate is responsible, among others, for the supervision over compliance with Act No. 634/1992 Sb., On Consumer Protection, as amended, within the specified range.

12. Final Provisions

12.1. The Seller may modify or add the wording of the Terms. This provision is without prejudice to rights and obligations arising during the effective period of the previous wording of the Terms.

12.2. If the relationship established by the Agreement contains an international (foreign) element, the parties agree the relationship is governed by Czech law. This is without prejudice to the consumer's rights arising from generally binding legislation.

12.3. In the event of a dispute, the parties agree on the territorial jurisdiction of the Seller's Czech court, i.e. the Czech court at the place of the Seller's registered office.

12.4. If any provision of the Terms is invalid or ineffective, or becomes so, the invalid provision will be replaced by the most relevant new provision (i.e. the one that is closest to the invalid provision in terms of what the provisions regulate).  The invalidity or ineffectiveness of one provision is without prejudice to the other provisions.

12.5. The Agreement, including the Terms, is filed with the Seller in electronic form and is not accessible.

12.6. Template form to withdraw from the Agreement constitutes the annex to the Terms.

12.7. By specifying an email address in the order or in the User Account, the Buyer agrees to receive email related to the orders at that address.

 

The Terms become effective on 25 May 2018.


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