1. GENERAL PROVISIONS
    1. The following terms and conditions (hereinafter “Terms and Conditions”) are valid for all purchases on the e-shop www.katerinamatechova.cz, whose provider is MgA. Kateřina Matěchová, seated at Ruprechtická 1306/152, 460 14 Liberec, IČO: 01398377.
    2. Terms and Conditions define and specify the rights and obligations of the seller and the customer.
    3. The provision of Terms and Conditions is an inevitable part of the purchase contract. The purchase contract and Terms and Conditions are written in both Czech and English. The purchase contract can be signed in both the Czech and English languages.
    4. All the contracting relations are in accordance with the laws of the Czech Republic. Relations which are not in accordance with these Terms and Conditions, follow Act no. 89/2012 Coll., of the Civil Code. When acting for the buyer, the addition of these relationships by Act no. 634/1992 Coll., on consumer protection.
    5. It is possible to negotiate provisions differently from the terms and conditions in the purchase contract. Different conditions come before the general provisions of Terms and Conditions.
    Definitions of terms

    Seller is MgA. Kateřina Matěchová, seated at Ruprechtická 1306/152, 460 14 Liberec, IČO: 01398377 who is allowed to sell products through the e-shop on the following web address www.katerinamatechova.cz. While negotiating and fulfilling the contract the seller acts within her business, which is production, sales and services stated in the appendix 1 to 3 of the business law on goldsmith and jewelry. These are the contacts to the seller: tel. +420-775-343-141, e-mail: boutique@katerinamatechova.cz, postal address: Proboštská 1645/6, 160 00 Praha.

    Purchaser is a consumer or a businessman.

    Consumer is an individual, who does not act within his business.

    Businessman is an entity, who performs entrepreneurship independently on their own account and responsibility with the intention to create a profit. If a purchaser cites their identification number as a part of the order, he/she accepts the terms and conditions for a businessmen. For the purpose of these Terms and Conditions and the complaint procedure, a businessman is also any legal entity or individual who is going to use the product for business purposes, although they had not originally cited their identification number.

    Proposal is a legal act leading towards signing the contract, if it contains essential elements of a contract so that the agreement can be concluded in its simple and unconditional admission, and it follows from this that the petitioner will be bound by the contract, if the offer is accepted. It is considered that the proposal to deliver the goods or provide the service for a specified price made in business advertising, catalog or displayed goods, is an offer subject to inventory depletion or loss of the ability of entrepreneurs to meet. In relation to the previous statement, the seller would like to inform the customers that the presentation of her products on her website is purely informative.

    Web page/web interface is a document, which can be found through a web search and displayed on a computer screen. In this case, by webpage it is meant www.katerinamatechova.cz. The customer implements his purchases through this web interface.

  2. ESTABLISHMENT OF THE PURCHASE AGREEMENT
    1. The seller reserves the right to change the assortment of the provided products. All orders made through the seller’s online store are obligatory.
    2. The purchaser agrees with concluding the contract through distant communication methods and understands to cover the cost of this communication (internet access, telephone costs) himself.
    3. Ordered products are processed through the e-shop, email communication via boutique@katerinamatechova.cz, or by phone on weekdays from….to…..
    4. The webpage contains information about the products, prices of individual items included.
    5. To order the products the purchaser fills in an order form on the webpage. The ordering form contains information about:

      1. the products being ordered (the products are “placed” into a shopping basket on the webpage)
      2. method of payment
      3. shipping information
      4. costs related to delivery (further on under the name “order”)
    6. Before placing the order, the purchaser is free to change or correct previously stated information. To place the order, the purchaser presses “Place Order” button. All the information placed at this point is considered correct. The seller is not liable for any failure or mistake caused by data transfer.
    7. Sending orders is an act done by a purchaser who identifies an item he plans to order, its price, his identity, and a payment method. This act is for both parties considered a mutually binding business proposal. The condition of validity of the order is to fill in all the mandatory data in the order form, to read and understand the terms and conditions on the website, and by confirming it, to agree with Terms and Conditions at the time of placing the order
    8. By completing and sending the order, the purchaser gives the seller consent to collect and archive his/her personal data. (Confidentiality, see Privacy).
    9. After receiving the order, the seller will confirm its reception through an email message sent to the purchaser’s email address stated in the order form (hereinafter referred to as “Electronic Address”). After receiving the confirmation of the order the purchase agreement becomes concluded. From this moment the purchaser and the seller create mutual rights and obligations.
    10. The seller is entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the purchaser for additional confirmation of the order (in a written form or by phone)
    11. In case any of the requirements specified in the order cannot be fulfilled by the seller, the purchaser will receive an email stating possible variations of the order, and the purchaser will be asked for his/her opinion.
    12. The revised offer is considered a new draft of the purchase agreement, which can be finalized only after valid acceptance is sent from the purchaser’s email address.
    13. The finalized purchase agreement (including the agreed price) can be changed or cancelled only by the mutual agreement of both parties or based on legal grounds, unless business conditions are otherwise stated. However, the seller reserves the right to cancel the order or its part before concluding the purchase agreement in cases where the product is no longer available or the price has been significantly altered. In case the purchaser has already paid some part or the whole price of the ordered product, the seller will send him this amount of money back, and therefore the purchase will not be finalized.

  3. PRICES AND PAYMENT TERMS
    1. Prices of products include VAT, and/or all other taxes and fees. Prices remain valid until they are listed on the website of the seller. This provision does not limit the seller to conclude a business agreement under negotiated conditions.
    2. Prices do not include shipping and handling. The shipping and handling costs are separately listed on the website. The costs of shipping and handling, and/or any other fees, are verified by the purchaser as the third step of the ordering process. Before confirming and sending the order, the total shipping cost is calculated with VAT included. All the information regarding the costs of shipping and handling applies only within the territory of the Czech Republic. In case of delivery outside of the Czech Republic, it is necessary to contact the seller. Unless explicitly stated otherwise, the purchase price includes costs associated with the delivery of products.
    3. These are payment methods the purchaser can use to pay the product price and all the costs associated with its delivery:

      1. Bank transfer to the seller's account no. 1012836926/6100 held by Equa bank Inc. (Hereinafter the "Seller Account")
      2. Transfer through PayPal payment system,
      3. Cashless payment card.
    4. In case of payment on delivery, the purchase price is payable upon receipt of the product. In case of cashless payment, the purchase price is due within 2 days of the purchase contract.
    5. In case of cashless payment, the purchaser is obliged to pay the price of the product, and place a correct variable symbol of the payment. The variable symbol is similar to the purchase order number. In case of cashless payment, the transaction is seen as finalized once the amount appears in the seller’s bank account.
    6. The seller is entitled, especially if the purchaser does not provide any additional confirmation (Art. 12.2), to require payment of the full purchase price before sending the product to the purchaser. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
    7. Discounts provided by the seller to the purchaser cannot be combined.
    8. If it is customary in trade relations or if so stipulated by generally binding legal regulations, the seller will issue an invoice. The seller is not liable to pay VAT. The tax document/ invoice is issued by the seller to the buyer after the payment, and will send it to the purchaser’s email.

  4. TRANSPORT AND DELIVERY
    1. By signing the purchase agreement, the seller agrees to undertake to refer the matter to the buyer, which is the subject of purchase, and allow him to take ownership of this issue and the buyer agrees that the matter will be taken over and to pay the purchase price.
    2. The seller submits the purchased product to the purchaser in the agreed quantity, quality and design.
    3. The purchaser becomes the owner of the purchased product after paying the total price.
    4. The subject of purchase will be delivered to the purchaser under the seller's inventory and through the previously chosen method of delivery. For orders received on holidays and/ or weekends, the delivery time will be extended. In case the delivery is delayed, or the product sold out, the buyer is obliged to inform the purchaser immediately. Likewise, the buyer will be informed of the fact that the product is not in stock at that moment.
    5. The subject of the purchase can also be, after previous consultation, picked up personally by the purchaser at the seller’s address Proboštská 1645/6, 160 00 Prague.
    6. After the purchaser chooses the method of delivery, the seller sends the purchased product to the address stated in the order form. The method of transport is a part of the order form, and has to be chosen before placing the order.
    7. In case of a uniquely requested delivery method, the purchaser bears the risk and bears the risk and additional costs associated with this mode of transport.
    8. Tax document/ invoice is a part of the delivery, or can be sent in an email.
    9. The purchaser is obliged to thoroughly inspect the purchased product immediately after receiving it and even before confirming the delivery note. Any damage of the purchased item needs to be immediately reported and written down, and/ or the purchaser can reject the product.
    10. By signing the delivery note, the purchaser agrees to take over the purchased product. to assume the object of purchase. If the purchased product was damaged during shipping, the purchaser needs to notify the delivery company , and also properly apply the liability for defects at the seller with whom the case will be solved.
    11. In case the event that the reasons for the buyer to be the object of purchase delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of purchased items, respectively. costs associated with other delivery method.
    12. The purchaser's delay in taking over the purchased product gives the seller the right, after a prior notice to the purchaser, to sell the product. The purchaser is provided with reasonable period of time to take over the product. This applies also when the purchaser lingers with payment.

  5. THE RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
    1. A product is called defective, unless previously agreed properties. The defect is regarded as the fulfillment of other things and flaws in the documents necessary for the use of product.
    2. The risk of loss passes to purchaser once he takes over the purchased product. However, the seller is responsible until the purchaser signs the takeover documentation. When defect is detected within six months of acceptance of the purchase by the purchaser, it is considered that the item purchased was defective at the time of takeover. The seller is liable to the purchaser that the product:

      1. Holds all the properties both parties have agreed on, and it has characteristics described by the seller and expected by the purchaser, given the nature of the purchased product
      2. Fits its advertised purpose, or purpose of which products of the same type are normally used
      3. Corresponds to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or template
      4. Is in appropriate quantity, measure or weight
      5. Meets the requirements of legislation
    3. The purchaser is entitled to exercise the right arising from a defected purchased within a period of twenty four months from the day he received the product. This right is not valid for products sold for a lowered price caused by an advertised defect, also it is not valid when a product is worn out do to normal use, also with used items that have become defective do to use or wear that item should be taken over by the buyer or, in other cases, if it is clear from the nature of things. When buying a second-hand product, the period for exercising the rights of defective performance can be shortened to 12 months (this will be indicated in the sales document). The moment of claiming the return of the product is considered the moment when the seller receives the claimed product from the purchaser.
    4. The entrepreneur is entitled to exercise the right of defects, which were continuously present though had not materialized until later. The seller’s right is established also in case of a later formed defect that the seller caused through breach of his obligations.
    5. The seller is obliged to claim right of defects without undue delay. The warranty period is 12 months for entrepreneurs.
    6. Upon request, the seller confirms to the purchaser, in a written form, about the extent and length of his obligations of the defective performance.
    7. The purchaser is obliged to notify seller about the defect without undue delay. The rights of defective performance needs to be claimed by the purchaser either in person at the seller’s establishment address, or through written communication.
    8. The seller is not obliged to meet the purchaser's claim if it can be proven that the purchaser knew of the defect or he himself caused it.
    9. A defect can represent a substantial or insubstantial breach of contract. It can also be removable or irremovable.
    10. A defect constituting a fundamental breach of contract, is such a defect for which the party in breach at the time of conclusion of the contract knew or should have known that the other party would not sign the contract.
    11. For a defect to constitute a fundamental breach of contract the purchaser (regardless of whether or not the defect is removable or non-removable) has the right to demand:

      1. a removal of defects by supplying a new and non-defective product or delivery of a missing part
      2. free remedy repair
      3. a reasonable discount on the purchased product
      4. refund of the price based on the withdrawal
    12. However in case of a defect, which means minor breach of the contract (regardless of whether or not the defect is removable or non-removable), the purchaser is entitled to have the defect removed, or a reasonable discount of the price.
    13. If a repairable defect appears after repeated repair (third complaint for the same defect or fourth for different defects), or if a product shows more defects at the same time (at least three defects simultaneously), the purchaser has the right to ask for a discount of the price, exchange of the product, or withdrawal from the contract. The purchaser is obliged, without undue delay, to inform the seller about his choice, later on his choice cannot be changed without the seller’s approval. However if the defect proves to be unrepairable, the purchaser retains his right to change his choice. If the seller fails to remove the defects within a reasonable time or notify the buyer if the defects are not removed, the purchaser may require a reasonable discount or withdrawal from the contract instead.
    14. If no repair or replacement of the product is possible, then on the basis of the withdrawal, the purchaser may demand reimbursement of the price of the product in full.
    15. If the purchaser fails to detect issues in time, he loses the right of withdrawal.
    16. The seller is not responsible for defects caused by normal wear and/ or improper use, all caused by the purchaser.
    17. Other rights and obligations of the parties relating to the liability of the seller for defects can be modified in the complaints procedure of the seller.

  6. WITHDRAWAL FROM THE CONTRACT
    1. The purchaser has the right to withdraw from the contract within 14 days from receiving the product of the purchase or its final part, regardless of the manner of the reception of the product or payment. Withdrawing from the contract deems the contract void. The withdrawal from the contract is sent to the seller’s electronic mail address or by writing to the address MgA. Kateřina Matěchová, Proboštská 1645/6, 160 00 Prague. The purchaser has the right to pursue the withdrawal even without giving the seller a reason for his action.
    2. The consumer is entitled to withdraw from the contract even before delivery of the object of purchase.
    3. The purchaser cannot withdraw from a contract which has been modified according to his wishes or tailored for him personally.
    4. The purchaser is obliged to send or give the purchased product back within 14 days from the withdrawal. The product must be returned to the seller complete with all its accessories, preferably in the original packaging, and without any signs of wear or damage. The consumer is obliged to use appropriate packaging to avoid any damage. The seller highly recommends the return of the product to be insured. The purchaser is not obliged to send the product payable on delivery. This type of transport will not be accepted by the seller.
    5. The seller has 14 days from the withdrawal to return the cost of the product and also to reimburse the costs of delivery, the lowest possible (otherwise the cost of the cheapest method of delivery). This procedure must be done in the same way as done originally by the purchaser. The seller is not obliged to return the funds received to the buyer before the buyer had purchased the item back or demonstrate that it sent it to the seller. The cost of returning the purchased product is borne by the purchaser and the seller is not to reimburse it.
    6. In case the purchaser damages the purchased product, the seller is entitled to deduct from the refunded price the lessened value of goods.
    7. If the purchaser receives a gift along with the purchased product, the seller is obliged to also return this gift. In case he does not do so, his actions will be considered an unjust enrichment. In this context also, the seller informs the purchaser that gifts, which are free of charge, do not bear any rights valid for purchased products.

  7. PROTECTION OF PERSONAL DATA
    1. The personal information protection is provided by no. 101/2000 Coll., on personal data protection. The purchaser when signing the contract agrees to provide his personal data to the seller, who can store it in his database. The seller’s personal data will be used only for the seller’s internal use in connection with the fulfillment of obligations from the purchase contract, the running of a user account and marketing actions
    2. The purchaser has the right to be informed about what kind of personal data the seller saves. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
    3. The buyer has the right to disagree with the use of his personal data in a written form. If the buyer does not choose another option, consents to the processing of personal data, also for the purpose of sending commercial messages and information. Consent to the processing of personal data in full accordance with this paragraph is not a requirement that would in itself make it impossible to conclude a purchase contract.
    4. The purchaser understands his obligation to provide correct and true personal data (for registration in his user account when ordering from the web interface of the shop), and that he is obliged to inform the seller about any changes without undue delay
    5. The processing of personal data of the purchaser can be appointed by the seller to a third party- the processor. Other than that the personal data of the purchaser cannot be shared with any other party without previous acknowledgement to the purchaser.
    6. Supervision over privacy is exercised by the Office for Personal Data Protection

  8. SENDING COMMERCIAL MESSAGES AND COOKIES
    1. The purchaser agrees to receive information related to products, services or business, and commercial messages on their electronic mail address.
    2. The purchaser also agrees with the storage of so-called cookies on their computer. In case the purchase on the webpage can be proceed, and all the commitments coming from the contract fulfilled without storing of so called cookies on their computer, then the purchaser has every right to cancel his previous agreement with cookies.

  9. DELIVERY
    1. All communication between the purchaser and the seller, especially all communication related to the withdrawal from the contract, must be conducted via registered mail, unless the contract states otherwise. Announcements must be delivered to the contact address of the other party, and shall be deemed effective upon their receipt by mail, except for notifications of withdrawal made by the buyer, the withdrawal is effective if the notification deadline for withdrawal is met.
    2. A notification is regarded as delivered even if it was refused by the addresser, also one which was not picked up on time, or one returned undeliverable.
    3. Both contractual parties may mutually deliver regular correspondence by e-mail, at the e-mail address specified in the user account of the purchaser or one the purchaser specified in the order, respectively, to the address indicated on the website of the seller.

  10. FINAL PROVISIONS
    1. The version of the purchase contract can be changed or canceled only by agreement of the parties or for legal reasons.
    2. The purchase contract is electronically archived by the seller and is not accessible.
    3. If it turns out any provision of Terms and Conditions is invalid or unenforceable, then the provision whose meaning is closest to the original Terms and Conditions becomes valid. The invalidity or unenforceability of one provision is without prejudice to the validity of other provisions. Amendments and supplements to the purchase agreement or terms and conditions are required to be in written form.
    4. If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation
    5. Any disputes arising from the purchase contract between the purchaser and the seller will primarily be addressed amicably. An out of court complaint is conducted via e-mail addresses. Information on the settlement will be sent to the purchaser’s email address by the seller. In case of failure of an amicable solution to disputes of the purchase agreement, the solution shall be found according to Czech law and in local Czech courts.
    6. The seller is entitled to sell goods on the basis of a trade license, and checks can be carried out by the respective Trade Office. Seller is not in bound relation to the purchaser by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
    7. The supervision of privacy exercised by the Office for Personal Data Protection, supervision over compliance with Act no. 634/1992 Coll., On Consumer Protection performs Czech Trade Inspection. These consumer has the opportunity to lodge complaints.
    8. The stated business and guaranteed conditions are valid and effective from 1.8.2015 and are available on the premises of the seller or the seller's website. At the moment of concluding the purchase agreement, the purchaser accepts all the provisions and conditions in force and effect at the date of sending the order, including the price of ordered goods specified in the order, unless in a particular case clearly stating otherwise.