I. Basic Provisions

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

The seller is Sofie Harazimová, a natural person–entrepreneur (sole trader) under the Czech Trade Licensing Act, identification number (IČO) 17168074, registered in the Trade Register as a self-employed person, selling goods via the online store located at https://spoonringz.com/, with address Bedřicha Nikodema 4483/5, 708 00 Ostrava, Czech Republic (the “Seller”).

These Terms govern the mutual rights and obligations of the Seller and any natural person who concludes a purchase contract either outside the scope of their business as a consumer or within the scope of their business activities (the “Buyer”) via the web interface available at https://spoonringz.com/ (the “Online Store”).

The provisions of these Terms form an integral part of the purchase contract. Any individual agreement in the purchase contract shall prevail over these Terms.

These Terms and the purchase contract are concluded in the Czech language.

II. Information on Goods and Prices

Information about goods, including the price of each item and its main characteristics, is provided with each item in the Online Store catalogue. Prices are listed including VAT, all related charges, and the costs of returning goods where, by their nature, the goods cannot be returned by ordinary postal means. Prices remain valid for as long as they are displayed in the Online Store. This does not preclude the conclusion of a purchase contract on individually agreed terms.

Any presentation of goods in the Online Store catalogue is informational and the Seller is not obliged to conclude a purchase contract for such goods.

Information on packing and delivery costs is published in the Online Store and applies where delivery is within the Czech Republic.

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

III. Orders and Conclusion of the Purchase Contract

The Buyer bears their own distance-communication costs incurred in connection with concluding the purchase contract (internet connection, phone calls); such costs do not differ from the basic rate.

The Buyer may place an order:

• via their customer account if they have previously registered in the Online Store; or
  
• by completing the order form without registration.
  

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

Before submitting the order, the Buyer may review and correct the entered data. The Buyer submits the order by clicking “Submit Order”. The Seller considers the data in the order to be correct. A valid order requires completion of all mandatory fields in the order form and the Buyer’s confirmation that they have read these Terms.

Immediately after receiving the order, the Seller sends the Buyer an acknowledgement of receipt to the e-mail address provided by the Buyer. This acknowledgement is automatic and is not a contract conclusion. The purchase contract is concluded only upon the Seller’s acceptance of the order. The notice of acceptance is sent to the Buyer’s e-mail address.

If the Seller cannot fulfil any requirement in the order, the Seller will send a modified offer to the Buyer’s e-mail address. A modified offer is deemed a new proposal to conclude a purchase contract; the contract is concluded once the Buyer confirms acceptance of this offer to the Seller at the e-mail address stated in these Terms.

All orders received by the Seller are binding. The Buyer may cancel an order until the Buyer receives the Seller’s notice of acceptance. Cancellation may be made by phone or e-mail using the Seller’s contact details provided in these Terms.

If an obvious technical error occurs on the Seller’s part when listing the price in the Online Store or during ordering, the Seller is not obliged to deliver the goods at that clearly erroneous price, even if the Buyer has received the automatic acknowledgement under these Terms. The Seller shall inform the Buyer without undue delay and send a modified offer. The modified offer is a new proposal; the contract is concluded upon the Buyer’s acceptance sent to the Seller’s e-mail address.

IV. Customer Account

Upon registration in the Online Store, the Buyer may access their customer account and place orders from it. The Buyer may also order goods without registration.

When registering and when ordering goods, the Buyer must provide true and accurate information and must update it upon any change. The Seller considers the data entered in the customer account and in orders to be correct.

Access to the customer account is protected by a username and password. The Buyer must keep the login information confidential. The Seller is not liable for any misuse of the account by third parties.

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

The Seller may cancel the customer account, in particular if the Buyer does not use it for an extended period or if the Buyer breaches obligations under the purchase contract or these Terms.

The Buyer acknowledges that the customer account may not be available continuously, especially due to necessary maintenance of the Seller’s or third parties’ hardware and software.

V. Payment Terms and Delivery of Goods

The Buyer may pay the purchase price and any related delivery costs under the purchase contract by the following methods:

• cashless via Shopify Pay;
  
• cashless by payment card.
  

Together with the purchase price, the Buyer shall pay the Seller the packing and delivery costs as agreed. Unless expressly stated otherwise below, the term purchase price also includes delivery costs.

When paying via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

In case of cashless payment, the Buyer’s obligation to pay is fulfilled upon crediting the relevant amount to the Seller’s bank account.

The Seller does not require any advance or similar payment. Payment of the purchase price before dispatch is not an advance payment.

If usual in business practice or required by law, the Seller will issue the Buyer a tax document (invoice) for payments made under the purchase contract. The Seller is not a VAT payer. The invoice will be issued after the price is paid and sent in electronic form to the Buyer’s e-mail address.

Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer and to register the received sale with the tax administrator online; in the event of a technical outage, within 48 hours at the latest.

Goods are delivered:

• to the address specified by the Buyer in the order.
  

The delivery method is chosen during ordering. Delivery costs, depending on the method of dispatch and collection, are stated in the Buyer’s order and in the Seller’s order acceptance. If a delivery method is agreed at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with that method.

If the Seller is obliged under the purchase contract to deliver to the place specified by the Buyer, the Buyer must take delivery of the goods. If delivery must be repeated or made by a different method due to the Buyer, the Buyer shall pay the costs of re-delivery or of the different delivery method.

Upon receipt from the carrier, the Buyer must check the intactness of the packaging and immediately report any defects to the carrier. If the packaging is broken, indicating unauthorised entry, the Buyer is not obliged to accept the shipment.

The Buyer acquires title to the goods upon payment of the full purchase price including delivery costs, but not before handover of the goods. The risk of accidental destruction, damage or loss passes to the Buyer upon handover or at the time the Buyer was obliged to take delivery but failed to do so contrary to the contract.

VI. Withdrawal from the Contract

The Buyer acknowledges that, under Section 1837 of the Civil Code, the Buyer cannot withdraw from, inter alia, a purchase contract for goods customised to the Buyer’s wishes or for the Buyer’s person; goods that are perishable; goods that have been irreversibly mixed with other goods after delivery; goods in a sealed package that the consumer has removed from the package and which cannot be returned for hygienic reasons; or a contract for the supply of audio/video recordings or computer software if their original packaging has been broken.

Unless a case under Art. VI.1 of these Terms or another case where withdrawal is excluded, the Buyer has the right, under Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods; where the contract covers multiple types of goods or parts, the period runs from delivery of the last part. The Buyer must send the withdrawal to the Seller within this period. The Buyer may use the model withdrawal form provided by the Seller as an annex to these Terms.

Upon withdrawal under Art. VI.2, the contract is rescinded from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days of delivery of the withdrawal to the Seller. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot, by their nature, be returned by ordinary postal means.

Upon withdrawal under Art. VI.2, the Seller will refund the money received from the Buyer within fourteen (14) days of the Buyer’s withdrawal, using the same means of payment as used by the Buyer, unless agreed otherwise. The Seller may also refund upon the Buyer’s return of the goods or otherwise if the Buyer agrees and no additional costs arise. The Seller is not obliged to refund before the Buyer returns the goods or proves dispatch.

The Seller may set off compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

In cases where the Buyer has the right to withdraw under Section 1829(1) of the Civil Code, the Seller may also withdraw from the contract at any time until handover of the goods to the Buyer. In such case, the Seller will return the purchase price to the Buyer without undue delay by cashless transfer to the Buyer’s account.

If a gift is provided with the goods, the gift agreement is concluded with a resolutive condition that, upon the Buyer’s withdrawal from the purchase contract, the gift agreement ceases to be effective and the Buyer must return the gift together with the goods.

VII. Rights from Defective Performance

The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended), taking into account the nature of the goods, which are historical and used (vintage).

The Seller is liable to the Buyer that, at the time the Buyer takes delivery, the vintage necklace (by analogy, vintage jewellery):

• has the properties agreed between the parties, and, in the absence of agreement, properties usual for vintage jewellery of the given age and character;
  
• corresponds to the description and/or documentation provided by the Seller;
  
• is supplied in the appropriate quantity, measure, or weight; and
  
• has no hidden defects that were not described or documented at the time of sale.
  

Given the nature of the goods, the Seller is not liable for signs of wear and tear or minor defects commensurate with the age and prior use of the jewellery. The Buyer confirms they were informed of the condition of the goods, including wear and any defects.

The provisions of Art. VII.2 do not apply to goods sold at a reduced price due to a specific defect for which the price was reduced; to wear caused by ordinary use; or, for vintage jewellery, to a defect corresponding to the degree of use or wear present at the time of receipt, or where this follows from the nature of the goods.

If a defect that was not apparent at the time of sale and not described manifests within six months of receipt, it is presumed that the item was defective at the time of receipt. The Buyer may exercise rights from a defect occurring in vintage jewellery within twenty-four months of receipt, taking into account the nature and age of the goods.

The Buyer shall assert rights from defective performance with the Seller at the Seller’s place of business, or at the Seller’s registered address, or via the contact details listed on the Seller’s website.

Further rights and obligations related to the Seller’s liability for defects may be set out in the Seller’s Complaints Policy, with regard to the specific nature of vintage jewellery.

VIII. Notices and Service

The parties may deliver all written correspondence to each other by e-mail.

The Buyer sends correspondence to the Seller’s e-mail address specified in these Terms. The Seller sends correspondence to the e-mail address stated in the Buyer’s customer account or order.

IX. Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The EU Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under the purchase contract.

The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.

The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent Trade Licensing Office. The Czech Trade Inspection Authority exercises, within the defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

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

All rights to the Seller’s website—especially copyright to content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements—belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.

The Seller is not liable for errors arising from third-party interference with the Online Store or from its use contrary to its intended purpose. The Buyer must not use procedures that could adversely affect the operation of the Online Store and must not perform any activity that would allow themselves or third parties to interfere with or misuse the software or other components of the Online Store, or use the Online Store or its parts in a manner contrary to its intended purpose.

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

The purchase contract, including these Terms, is archived electronically by the Seller and is not accessible.

The Seller may amend or supplement these Terms. This is without prejudice to rights and obligations arising during the effectiveness of a previous version of the Terms.

An annex to these Terms is the model withdrawal form.