Terms and Conditions

Terms and Conditions
Business conditions Klára Bílá
store operator on the klarabila.cz domain

(hereafter referred to as the "Terms and Conditions")

I. Introductory Provisions
These terms and conditions regulate mutual rights and obligations between the company Klára Bílá, Holešovice, U smaltovny 1335/20e
17000 Prague Holešovice, ID number: 71784187, (hereinafter referred to as the "seller"), registered in the commercial register maintained by the Municipal Court in Prague under no. C314268/MSPH, as the seller on the one hand, and the customer as the buyer on the other (hereinafter referred to as the "customer").
The buyer, who is a consumer (hereinafter referred to as the "customer"), and the seller (collectively referred to as the "contracting parties"), under the conditions set out below, enter into a contract pursuant to § 2079 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "the Act") a contract for the purchase of goods with the rights and obligations of the contracting parties defined below (hereinafter referred to as the "Contract"). The contract can be concluded in Czech and English.
The contract is concluded between the seller and the customer electronically, via the e-shop on the seller's website at the address klarabila.cz (hereinafter referred to as the "website") or by email.
Only a consumer can be a customer. In the event that the buyer, who is a consumer by law, does not conclude the contract, he does not have the rights specified in the terms and conditions, which according to legal regulations belong only to consumers.


II. A conclusion of the contract
The seller presents a catalog of goods and services on the website - especially jewelry (hereinafter referred to as "products").
The offer of products on the website is not a proposal to conclude a contract within the meaning of § 1731 et seq. of the law. Information about the availability and delivery time of the products displayed on the website is only indicative with regard to the delivery times of the suppliers, availability and other decisive circumstances. Product images (especially color shades, variable parts of the product) are by nature only illustrative, the resulting product may differ in appearance depending on circumstances beyond the seller's control.
Conclusion of the Contract: The person interested in purchasing the product creates an order through the website by placing a specific product, after selecting the sizes or other parameters of the goods, in the basket by clicking on the "Add to basket" button. If the product is successfully added to the basket, indicating:                                                             a) the number of pieces and any type of product,
b) product delivery method,
c) identification and delivery data of the customer,
d) method of payment and possibly other data, if required,
after clicking on the "Order" button, an order for products (hereinafter referred to as "order") is created on the checkout page, which is a binding proposal for concluding a Contract with the seller with the content specified in the order. Before the binding order is sent, the customer is allowed to check and change the data he entered in the order.
All additional data for the order, for example specifying the color, type or design of the product, or possibly other specifying data, messages and requirements for the seller, is specified in the "note" window, which appears at the bottom of the form.
The seller is not obliged to accept the order. The conclusion and effectiveness of the Agreement between the seller and the customer occurs at the moment of acceptance of the order by the seller by sending a confirmation email to the customer's email address specified in the order. The deadline for acceptance of the order by the seller is three working days. If you have not received an order confirmation even within five working days of its dispatch, contact the seller at the email address listed at the end of these terms and conditions.


III. Content of the Agreement
By concluding the Contract, the seller undertakes to deliver the product according to the order, to the place specified in the order as the place of fulfillment (to the customer or to a person specified by the customer or at a place specified by the customer), and the customer undertakes to pay the seller for the product and its transport the price of the product and transport specified in the order.
The delivery date of the product specified in the order is non-binding for the seller and is only indicative, it depends on the manufacturer's delivery times and the availability of the goods. Due to the nature of the performance, the seller does not guarantee the exact delivery date specified in the order, but will make reasonable efforts to meet the deadline according to the customer's wishes.
The customer is obliged to check the condition, quantity and quality of the product immediately after receiving it.
The customer is obliged to notify the seller of product defects without undue delay after delivery of the product, to the seller's address specified in Article I of the terms and conditions, or electronically to the email address specified at the end of these terms and conditions.

IV. Product price and payment method
Unless otherwise stated on the website, product prices displayed for a specific product are inclusive of value added tax. When manufacturing to order, the fixed price is 500,- for the drawn design and after determining the costing, 50% of the price in advance and the rest when the order is made. The realization of the 3D design is charged in the amount of CZK 2,000.
Transport of the product to the place of fulfillment, possibly packaging and other related costs are paid by the customer. The customer will be informed about the amount of these costs and the shipping price before sending the order.
The price of the products can be paid in the following ways:
a) by online payment card
b) by bank transfer

c) Apple pay


The seller will issue and hand over to the customer a tax document for performance according to the Agreement at the latest at the same time as this performance.


V. Consumer Information
The provisions of this Article V of the Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods as part of his business activity.
Contact details of the seller:

a) the delivery address listed at the end of these terms and conditions
b) e-mail address listed at the end of these terms and conditions
c) telephone contact indicated at the end of these conditions


The provider is authorized to sell products on the basis of a trade license and his activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within its jurisdiction.
In the event of defective fulfillment of the seller's rights, the customer has the right according to § 2099 et seq. of the Civil Code. The seller does not provide any special guarantee for the quality of the products in the sense of § 2113 of the Civil Code.
By sending the order, the customer agrees to the use of remote means of communication when concluding the Agreement.
The customer, who is a consumer according to the law, has the right to withdraw from the Agreement concluded through the website, within 14 days of the customer taking over the product. This does not apply in cases where the subject of the Contract is the supply of a product that has been modified according to the customer's wishes or for his person or gold jewelry. This also includes size adjustment, surface treatment, engraving, etc. In these cases, we offer compensation in the form of an exchange for another product or service in the form of jewelry adjustment. Should this be done late, then cancellation is void for late, therefore no refunds can be made and the goods will be collected or sent at the consumer's expense.
The seller hereby warns the customer that for Contracts concluded in a so-called distance manner by means of remote communication, according to the law, the following applies:


a) the costs of means of remote communication in connection with the conclusion of the Agreement do not differ from the basic rate (costs of Internet connection, etc.) and the customer pays these costs himself
b) A deposit for the price of the product is not required, the entire price of the product must either be paid before shipping to the customer or paid by the customer upon delivery (cash on delivery), except for custom productions with a 50% deposit in advance. If the order is not executed according to the proposal at the request of the consumer, a flat rate of 500 per proposal is charged. Realization of the design in 3D is charged in the amount of CZK 2,000.
c) in case of withdrawal from the Contract, the customer will bear the costs associated with returning the product
d) By exercising the right to withdraw from the Contract within the period established by law, the customer is not entitled to reimbursement of the postage incurred to return the product to the seller, except for custom-made products.


If the customer withdraws from the distance contract, the seller will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all monies, including delivery costs, which he received from him on the basis of the contract, in the same way. The seller will return the received funds to the customer in another way only if the customer has agreed to this and if it does not incur additional costs. Except for custom production. In this case, it is not possible to withdraw without giving a reason within 14 days.
It is possible to cancel the order within 24 hours of the order. Cancellations after a longer period of time will not be taken into account, as all orders are shipped within 2 days, as indicated on the main page of the e-shop.
If the customer has chosen a different method of delivery of the product than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the customer in the amount corresponding to the cheapest method of product delivery offered.

  1. We determine your satisfaction with the purchase through e-mail questionnaires as part of the Heureka - Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purpose of sending questionnaires as part of the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by opting out of further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.                                                                                        
    VI. Undelivered (uncollected) shipments                                                                                                                                        
    The buyer chooses the method of delivery as part of his order, either by post or by another carrier. If the buyer chooses the option of delivery by post or courier, he thereby expresses his consent to pay the shipping price (hereinafter referred to as the "shipping price").
    If the shipment is returned as undelivered through no fault of the seller (the carrier did not find the addressee, did not understand about storing the shipment, the customer did not take over the shipment), the seller is entitled to demand payment of the shipping and packaging costs from the customer.
    In the event that the order (including any shipping cost) has already been paid for and it has not been delivered according to point VI. paragraph 2 of the terms and conditions, the buyer can request resending. Re-sending can only take place after re-payment of the transport price.                                                                                                      
    VII. Complaint
    The seller is responsible in relation to the customer for defects (contradiction of the product with the Contract). In case of product defects, the customer has the following rights, according to his choice:                                        a) the right to remove the defect by delivering a new item without a defect or by supplying the missing item,
    b) the right to remove the defect by repairing the item,
    c) the right to a reasonable discount from the purchase price, or
    d) the right to withdraw from the Agreement. while the specific conditions for the implementation of the above-mentioned customer rights are set out in the individual generally binding legal regulations in force in the Czech Republic, in particular in the provisions of § 1914 to § 1925, § 2087 to § 2117 and § 2158 to § 2174 in Act no. 89/2012 Coll., Civil Code, and in the provisions of Act no. 634/1992 Coll., on consumer protection. The exception is custom production. In this case, it is not possible to withdraw without giving a reason.
    The customer must deliver or send the defective product together with the claim to the seller's address and attach a description of the defect and data enabling the customer to be identified.
    In the case of custom production, one adjustment is part of the price claim, others are charged as additional costs, and only if the product matches the design that the consumer has agreed to.                                                             
    VIII. Resolution of consumer disputes
    The entity entitled to out-of-court settlement of disputes arising from the Agreement is the Czech Trade Inspection.
    The customer has the right to contact the Czech Trade Inspection with a complaint in connection with the performance of the concluded Contract or a proposal to initiate an out-of-court settlement of the dispute with the seller at the address Česká obchodní inspekce, Štěpánská 15, 120 00 Prague 2. More information at adr.coi.cz

IX Final Provisions


The legal relationship between the seller and the customer is governed by Czech law. If the Contract contains a foreign element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and additions to the Contract or terms and conditions require written form.
The contract is archived by the seller in electronic form. The content of the order will be received by the customer in a confirmation email, and these terms and conditions can be accessed at any time on the website or under the following link [Terms and Conditions].
The seller may change or supplement the wording of the terms and conditions to a reasonable extent without the customer's consent. The change in the terms and conditions does not affect already concluded Contracts.
Provisions deviating from the business terms and conditions can be negotiated with the customer in an individual case in writing, otherwise only if the seller explicitly confirms the change in the content of the Agreement in the acceptance of the order. Deviating arrangements confirmed in this way take precedence over the provisions of the terms and conditions.
These terms and conditions are effective from November 29, 2019
Contacts: Klára Bílá, U smaltovny 1335/20e, 17000 Prague – Holešovice, +420 604 440 462, info(at)klarabila.cz

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Sample form for withdrawal from the Contract concluded by distance method in case the law so provides:

Addressee: Klára Bílá, Holešovice, U smaltovny 1335/20e, 170 00 Prague – Holešovice

I, the undersigned (customer identification) hereby withdraw from the purchase contract or the contract for the provision of services concluded at a distance with the seller Klára Bílá concluded on ___________________ under the order number __________________________ (indicate the order number or other unique identification).

Please return the paid purchase price to the bank account number _____________________/_______ (fill in the bank account number for the refund).

___________________________

(Date, customer signature)

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