Terms and Conditions

of the business
Petra Viesnerová
registered office: Hradební 1366, 268 01 Hořovice
Identification number: 71631186
Trade license issued by: Municipal Office of Prague, reference number: ZIV/U13370/2013/Obu

for the sale of goods through the online store located at:
www.bijouxobsessionbypetra.com

1. Introductory Provisions

1.1 These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company Petra Viesnerová, registered office Hradební 1366, 268 01 Hořovice, Identification number: 71631186, trade license issued by the Municipal Office of Prague, reference number: ZIV/U13370/2013/Obu (hereinafter referred to as the "Seller") govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store.

The online store is operated by the Seller on a website located at:
www.bijouxobsessionbypetra.com (hereinafter referred to as the "Website") through the Website interface (hereinafter referred to as the "Web Interface of the Store").

1.2 These Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or independent professional practice.

1.3 Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Such deviating provisions shall prevail over the provisions of these Terms and Conditions.

1.4 The Terms and Conditions form an integral part of the Purchase Agreement. 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 amend or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

2. User Account

2.1 Based on the Buyer's registration on the Website, the Buyer may access their user interface. From this interface the Buyer may order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly from the Web Interface.

2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer must update the data in the User Account whenever there is a change. The data entered by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

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

2.4 The Buyer is not authorized to allow third parties to use the User Account.

2.5 The Seller may cancel the User Account, particularly if the Buyer does not use the account for a period longer than [time period], or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

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

3. Conclusion of the Purchase Agreement

3.1 All presentation of goods placed in the Web Interface of the Store is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732 (2) of the Civil Code shall not apply.

3.2 The Web Interface of the Store contains information about the goods, including the prices of individual items and the costs for returning goods if such goods cannot be returned by usual postal methods due to their nature.

Prices are listed including value added tax and all related fees. The prices remain valid for the period during which they are displayed in the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.

3.3 The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. These costs apply only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer fills out an order form in the Web Interface of the Store. The order form contains information about:

• the ordered goods (the Buyer places the goods into the electronic shopping cart),

• the method of payment for the purchase price of the goods,

• the requested method of delivery,

• information about the costs associated with delivery.

(collectively referred to as the "Order")

3.5 Before sending the order to the Seller, the Buyer is allowed to check and change the information entered in the order. The Buyer sends the order by clicking the "Complete Order" button.

The data in the order are considered correct by the Seller. The Seller confirms receipt of the order to the Buyer without delay by email sent to the Buyer's email address.

3.6 The Seller is always entitled, depending on the nature of the order (quantity, price, expected shipping costs), to request additional confirmation of the order (for example in writing or by telephone).

3.7 The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order sent by the Seller to the Buyer via email.

3.8 The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using such means (internet connection, telephone calls) are borne by the Buyer and do not differ from the standard rate.

4. Price of Goods and Payment Terms

4.1 The Buyer may pay the price of the goods and delivery costs by the following methods:

• cash on delivery

• bank transfer to the Seller's account No. 5368764001/5500 held with Raiffeisenbank a.s.

• online payment via the Global Payments Europe payment system

4.2 Together with the purchase price, the Buyer is obliged to pay the costs associated with packaging and delivery.

4.3 The Seller does not require a deposit or similar payment. This does not affect Article 4.6 regarding advance payment.

4.4 In the case of cash or cash-on-delivery payment, the purchase price is payable upon receipt of the goods. In the case of bank transfer, the purchase price is payable within 10 days of concluding the Purchase Agreement.

4.5 In case of bank transfer payment, the Buyer must indicate the variable payment symbol. The obligation is fulfilled when the payment is credited to the Seller's account.

4.6 The Seller may require payment of the full purchase price before shipping the goods, especially if the Buyer does not confirm the order as required.

4.7 Discounts on goods provided by the Seller cannot be combined.

4.8 If customary in business practice or required by law, the Seller will issue a tax document (invoice) for payments made under the Purchase Agreement. The Seller is not a VAT payer. The invoice will be sent electronically to the Buyer's email address.

5. Withdrawal from the Purchase Agreement

5.1 The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been customized according to the Buyer's wishes or for the Buyer's person, from a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase agreement for the supply of an audio or video recording or computer software if the original packaging has been broken.

5.2 Unless it is a case referred to in Article 5.1 of these Terms and Conditions or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods. If the subject of the Purchase Agreement 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 notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the withdrawal notice, among other ways, to the Seller's business premises or to the Seller's email address: pviesner@gmail.com

5.3 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from delivery of the withdrawal notice to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by usual postal methods due to their nature.

5.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement, using the same method by which the Seller received them from the Buyer. The Seller is also entitled to return the performance already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been sent back to the Seller.

5.5 The Seller is entitled to unilaterally set off any claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay by bank transfer to an account designated by the Buyer.

5.7 If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to a subsequent condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such gift shall cease to be effective and the Buyer is obliged to return the provided gift together with the goods.

6. Transport and Delivery of Goods

6.1 If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2 If under the Purchase Agreement the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

6.3 If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the 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. If damage to the packaging indicating unauthorized intrusion into the shipment is found, the Buyer does not have to accept the shipment from the carrier.

6.5 Further rights and obligations of the parties during transport of the goods may be governed by special delivery conditions issued by the Seller, if any.

6.6 The delivery period begins on the day the binding order is received, provided that all documents necessary for timely processing of the delivery have been received. The Seller undertakes to dispatch or hand over the ordered goods to the carrier no later than within 5 (five) working days from the date of receipt of the order. The delivery period shall be reasonably extended if the delay is caused by force majeure or circumstances not caused by the Seller.

If the ordered goods are not in stock or cannot be handed over to the carrier within 5 (five) working days from receipt of the order, the Seller shall inform the Buyer of the expected delivery date or offer another comparable product. In such a case, however, the Seller shall request the Buyer's consent.

If the Seller is unable to dispatch the goods to the Buyer (hand them over to the first carrier for transport) within 30 (thirty) calendar days, the Purchase Agreement shall be cancelled from the beginning and the Seller is obliged to return the paid amount to the Buyer without undue delay, unless the contracting parties expressly agree otherwise.

7. Rights Arising from Defective Performance

7.1 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

7.2.1 the goods have the properties agreed by the parties, and if no agreement exists, they have the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising carried out by them,

7.2.2 the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,

7.2.3 the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,

7.2.4 the goods are in the appropriate quantity, measure or weight, and

7.2.5 the goods comply with the requirements of legal regulations.

7.3 The provisions set out in Article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.

7.4 If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective already upon receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months from receipt.

7.5 The Buyer shall exercise rights arising from defective performance with the Seller at the address of the Seller's business premises where acceptance of complaints is possible with regard to the range of goods sold, or possibly at the Seller's registered office or place of business.

7.6 A warranty period of 24 months is provided for the sold goods in accordance with the Civil Code.

7.7 The warranty does not apply to goods for which a complaint was made after the expiry of the specified warranty period, nor to wear and tear caused by use of the goods. The warranty does not apply to defects caused by improper use, unsuitable maintenance or improper storage of the product. Improper use may include, among other things, contact with aggressive substances (perfumes, shampoos, detergents, as well as chlorinated water or seawater). Costume jewellery goods and semi-finished products must also not be exposed to direct sunlight, nor used or stored in humid or otherwise demanding environments (saunas, swimming pools, showers, solariums, spas, mineral springs, etc.).

7.8 The Seller is liable to the Buyer that the sold item conforms to the Purchase Agreement, in particular that it is free from defects. Conformity with the Purchase Agreement means that the sold item has the quality and utility properties described by the Seller or expected on the basis of advertising carried out by them, or the quality and utility properties usual for a thing of that type, that it complies with the requirements of legal regulations, is in the appropriate quantity and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.

7.9 If the item is not in conformity with the Purchase Agreement upon receipt by the Buyer (hereinafter referred to as "non-conformity with the Purchase Agreement"), the Buyer has the right to have the Seller, free of charge and without undue delay, bring the item into a condition corresponding to the Purchase Agreement, according to the Buyer's request, either by replacing the item, repairing it, or by providing a reasonable discount from the price of the item, or the Buyer may withdraw from the agreement. This does not apply if the Buyer knew of the non-conformity before taking over the item or caused the non-conformity themselves.

7.10 In the event of non-conformity with the Purchase Agreement, the Buyer shall proceed as follows:

(a) informs the Seller of the defect via email without undue delay,

(b) sends or otherwise delivers the defective goods to the Seller's address by registered mail,

(c) encloses with the shipment a written description of the defect, a copy of the tax document or invoice, and the account number for refund of the amount for the defective goods.

7.11 The Seller undertakes to settle the complaint without delay, but no later than within thirty (30) days from its notification.

7.12 The Buyer shall exercise rights arising from the Seller's liability for defects, including warranty liability, with the Seller at the following address: Petra Viesnerová, Hradební 1366, 268 01 Hořovice

8. Other Rights and Obligations of the Contracting Parties

8.1 The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1)(e) of the Civil Code.

8.3 Consumer complaints are handled by the Seller via the email address pviesner@gmail.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's email address.

8.4 The Buyer acknowledges that the software and other components forming the Web Interface of the Store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the Web Interface of the Store.

8.5 The Buyer is not entitled to use mechanisms, software or other procedures when using the Web Interface of the Store that could negatively affect its operation. The Web Interface of the Store may only be used to the extent that is not at the expense of the rights of other customers of the Seller and that is in accordance with its intended purpose.

8.6 The Buyer acknowledges that the Seller is not liable for errors resulting from third-party interference with the Website or from use of the Website contrary to its intended purpose.

8.7 The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.8 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the contact point pursuant to 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.

8.9 The Seller is authorized to sell goods on the basis of a trade license. Trade licensing supervision is performed by the competent trade licensing office within its scope of authority. Supervision over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. Personal Data Protection

9.1 The Seller fulfils their information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR) related to the processing of the Buyer's personal data for the purposes of performance of the Purchase Agreement, negotiations regarding this agreement, and fulfilment of the Seller's public law obligations, by means of a separate document.

10. Sending Commercial Communications and Storing Cookies

10.1 The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's email address and further agrees to receive commercial communications from the Seller at the Buyer's email address. The Seller fulfils their information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.

10.2 The Buyer agrees to the storing of so-called cookies on their computer. If it is possible to make a purchase on the Website and fulfil the Seller's obligations under the Purchase Agreement without storing cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.

11. Final 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.

12.2 By the choice of law pursuant to Article 12.1 of these Terms and Conditions, the consumer is not deprived of the protection afforded to them by provisions of the legal system from which no contractual derogation is permitted and which would otherwise apply in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3 If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.4 The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5 An annex to these Terms and Conditions is the model withdrawal form for withdrawal from the Purchase Agreement.

12.6 Seller's contact details:
delivery address: Petra Viesnerová, Hradební 1366, 268 01 Hořovice
email address: pviesner@gmail.com
telephone: +420 603 112 347

In Hořovice on 7 August 2023