Terms and Conditions

Terms and Conditions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”)

Tereza Marušíková

Company ID: 07837771

Contact details: K Turkovu 3286/3, 723 00, Ostrava

email: infomedalabel@gmail.com

phone: 606 828 687

www.medalabel.cz

 

(hereinafter referred to as “the Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of their business activities as a consumer, or within their business activities (hereinafter referred to as: “the Buyer”) through the web interface located on the website available at…. . (hereinafter referred to as "the online store").

3. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

 

II.Information on Goods and Prices

1. Information about the goods, including the prices of individual goods and their main features, is listed for each item in the online store catalog. Prices of goods include value-added tax, all related fees, and costs for returning goods, if these goods, by their nature, cannot be returned by ordinary postal means. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually agreed conditions.

2. All presentations of goods placed in the online store catalog are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement regarding these goods.

3. The online store publishes information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods listed in the online store applies only when the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless the Seller and the Buyer agree otherwise.

 

III.Order and Conclusion of Purchase Agreement

1. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, costs for telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer places an order for goods in the following ways:

  • through their customer account, if they have previously registered in the online store,
  • by filling out the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity of goods, the method of payment, and delivery.

4. Before submitting the order, the Buyer is allowed to check and change the data they have entered into the order. The Buyer sends the order to the Seller by clicking the "send order" button. The data provided in the order are considered correct by the Seller. A condition for the validity of the order is the filling in of all mandatory data in the order form and the Buyer's confirmation that they have read these Terms and Conditions.

5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered a conclusion of the contract. The current terms and conditions of the Seller are attached to the confirmation. The purchase agreement is concluded only after the Seller accepts the order. The notification of order acceptance is delivered to the Buyer's email address. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is considered the conclusion of the contract. The current terms and conditions of the Seller are attached to the confirmation. The purchase agreement is concluded by the Seller's confirmation of the order to the Buyer's email address.

6. In the event that the Seller cannot fulfill any of the requirements stated in the order, they will send an amended offer to the Buyer's email address. The amended offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at their email address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer has received notification of the Seller's acceptance of the order. The Buyer may cancel the order by telephone at the Seller's phone number or email listed in these Terms and Conditions.

8. In the event of a clear technical error on the part of the Seller in stating the price of goods in the online store, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and will send the Buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the Buyer's confirmation of acceptance to the Seller's email address.

 

IV.Customer Account

1. Based on the Buyer's registration in the online store, the Buyer can access their customer account. From their customer account, the Buyer can place orders for goods. The Buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data in the user account in case of any changes. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary for accessing their customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses their user account, or if the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.

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 necessary maintenance of hardware and software equipment of third parties.

 

V.Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:

  • by cashless transfer to the Seller's bank account no. 281819521/0300, held at Československá obchodní banka
  • in cash upon delivery of the goods,

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price hereinafter also means the costs associated with the delivery of the goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within …. days from the conclusion of the purchase agreement.

4. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.

5. According to the Act on Sales Records, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online, or in case of a technical outage, within 48 hours at the latest.

6. The goods are delivered to the Buyer:

  • to the address specified by the Buyer in the order
  • through a parcel pick-up point to the address of the pick-up point specified by the Buyer,
  • by personal collection

7. The choice of delivery method is made during the ordering of goods.

8. The costs of delivery of goods depending on the method of dispatch and receipt of goods are indicated in the Buyer's order and in the Seller's order confirmation. If the method of transport is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this method of transport.

9. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order according to the purchase agreement, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

10. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In case of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.

11. The Seller will issue a tax document – an invoice – to the Buyer. The Buyer will receive the tax document in an email.

12. The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but not earlier than by taking over the goods. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in breach of the purchase agreement.

 

VI. Failure to collect/accept ordered shipment

 

 

  1. After concluding a binding order and confirming agreement with the e-shop's terms and conditions, the buyer is obliged to collect the ordered goods from the deliverer. In the case of ordering goods that are custom-made according to the customer's wishes and failing to collect this shipment, the buyer will be charged a contractual penalty equal to the value of the order including postage. You will be requested by email to pay this contractual penalty. If this penalty is not paid, this amount will be recovered through legal action by our legal representative. We recommend responding to this request by paying this contractual penalty, as you expose yourself to further costs of legal proceedings and default interest.
  2. Please note that by submitting your order, you agree to these terms and conditions.We believe that these cases will only occur rarely, as this will save you time and, most importantly, your money.

 

VII.Withdrawal from the Contract

1. A Buyer who has concluded a purchase agreement outside their business activity as a consumer has the right to withdraw from the purchase agreement.

2. The period for withdrawal from the contract is 14 days

  • from the day of receipt of the goods,
  • from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the day of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

3. The Buyer cannot, among other things, withdraw from the purchase agreement:

 

  • for the delivery of goods that have been modified according to the Buyer's wishes or for their person (personalized products), goods that are not suitable for return due to their condition,

     

  • goods that spoil quickly and goods subject to expiry,

  • for the provision of services, if they have been fulfilled with the Buyer's prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
  • for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the Seller's control and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations beyond the Seller's control,
  • for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery,
  • for the delivery of goods in sealed packaging that the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
  • for the delivery of audio or video recordings or computer programs if they have broken their original packaging,
  • for the delivery of newspapers, periodicals, or magazines,
  • for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the Buyer's prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
  • in other cases specified in § 1837 of the Civil Code.

4. To observe the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase agreement to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall immediately confirm receipt of the form to the Buyer.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer, without undue delay, but no later than 14 days from the withdrawal from the contract, the monetary funds received from them.

8. If the Buyer has chosen a method of delivery other than the cheapest offered by the Seller, the Seller will reimburse the Buyer for the cost of delivery of the goods to the extent corresponding to the cheapest offered method of delivery of the goods.

9. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer until the Buyer hands over the goods to them or proves that they have sent the goods to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn, and unsoiled, and if possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for damages incurred on the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The Seller will immediately inform the Buyer via the email address provided in the order and will return all funds received from them under the contract, including delivery costs, within 14 days from the notification of withdrawal from the purchase agreement, in the same manner or in a manner specified by the Buyer.

 

VIII. Return of Goods

The right to return goods applies:

(a) If the customer is a natural person placing a private order without business intent, then they are a consumer and therefore have the general right to return goods and withdraw from the contract, as stated below.

When exercising the right to withdraw from the contract in accordance with Section 8 of these terms, the customer is obliged to return the goods in their original condition and packaging.

(b) Withdrawal from the contract and return of goods is possible only if the products are not engraved and do not include any modifications and/or specifications.

 

The Seller's liability for defects applies to defects that arose during the warranty period due to a demonstrable manufacturing error, technological process, or hidden material defect.

The Seller's liability for defects does not apply to wear and tear of the item caused by its usual use, such as oxidation, scratches, abrasion of gilding, rhodium plating, loss of zircon. The warranty does not cover defects caused by:

  • wearing jewelry with cubic zirconia during work activities (gardening, washing, dishwashing, bathing…)
  • exposing jewelry to water and chemical influences (aggressive sweat, sauna, hair dyes, detergents, chemicals…)
  • exposing products to chemical influences that may degrade the product (cause stains, corrode the surface, change the structure or color of the product)
  • improper handling and mechanical damage such as deformation of the jewelry, breakage of the chain, breaking or snapping of the wire or flat necklace, breaking of a stone, stripping of a thread, etc.
  • improper cleaning of goods (cleaning crystals with unsuitable means)
  • improper use or storage
  • as a result of an external event beyond the Seller's control

Furthermore, the warranty does not cover:

  • goods where damage or removal of the manufacturer's trademarks has been found
  • goods that have been improperly repaired or modified
  • goods that have suffered damage caused by loss or disruption of the material structure due to frequent use and wear and tear
  • any change that occurred during the warranty period due to wear and tear caused by improper use and unprofessional intervention or mechanical damage
  • a defect in goods for which a discount on the purchase price is agreed at the time of takeover, as goods sold at a lower price due to a defect

 

VIII.Rights from Defective Performance

1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:

  • the goods have the properties agreed upon by the parties, and if no agreement has been made, they have such properties as described by the Seller or manufacturer or as the Buyer expected given the nature of the goods and the advertising carried out by them,
  • the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  • the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  • the goods are in the appropriate quantity, measure, or weight andthe goods comply with the requirements of legal regulations.

2. If a defect appears within six months of the Buyer taking over the goods, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to assert rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the Buyer, or if it results from the nature of the goods.

3. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

  • exchange for new goods,
  • repair of goods,
  • a reasonable discount from the purchase price

4. The Buyer has the right to withdraw from the contract:

  • if the goods have a significant defect,
  • if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,
  • in case of a larger number of defects in the goods.

 

5. The Seller is obliged to accept the complaint at any establishment where it is possible to accept complaints, or at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised their right, what the content of the complaint is, and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint.

6. The Seller or their authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably necessary for expert assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period. The fruitless expiry of this period is considered a material breach of the contract, and the Buyer has the right to withdraw from the purchase agreement. The moment of filing the complaint is considered to be the moment when the Buyer's declaration of will (assertion of rights from defective performance) reaches the Seller.

7. The Seller will inform the Buyer in writing about the outcome of the complaint.

8. The Buyer is not entitled to rights from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect themselves.

9. In the event of a justified complaint, the Buyer has the right to compensation for expediently incurred costs arising in connection with the complaint. The Buyer may assert this right with the Seller within one month after the expiry of the warranty period; otherwise, the court may not grant it.

10. The Buyer chooses the method of complaint.

11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

 

 

IX.Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address specified in their customer account or in the order.

 

 

 

X.Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a 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 (Regulation on online dispute resolution for consumer disputes).

3. The Seller is authorized to sell goods based on a trade license. Trade inspections are carried out within their scope by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, to a defined extent.

 

XI.Final Provisions

1. All agreements between the Seller and the Buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

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.

3. All rights to the Seller's websites, particularly copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the websites or any part thereof without the Seller's consent.

4. The Seller is not responsible for errors arising from interventions by third parties in the online store or from its use in violation of its purpose. The Buyer must not use procedures when using the online store that could negatively affect its operation and must not carry out any activity that could allow them or third parties to unlawfully interfere with or unlawfully use software or other components forming the online store and use the online store or its parts or software in a manner that would be contrary to its designation or purpose.

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

6. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

8. A sample withdrawal form is attached to the terms and conditions.

 

These terms and conditions become effective on October 6, 2020.