Terms & Conditions
Terms & Conditions
(General commercial conditions for internet store)
- These commercial conditions are valid for the internet store of the Seller, that is hosted on the web site located on the internet address www.grunsberg.com (hereinafter referred as “website”) using the interface of the website (further just “web interface of the store”).
- Operator and owner of the website Grunsberg Jewellery www.grunsgberg.com is the company Grunsberg Diamonds, s.r.o. Identification Number: 06296432, DIČ: CZ06296432, residing in Kaprova 42/14 110 00 Praha 1. The company is registered in the commercial registry held by the City Court in Prague, section C, layer 279707 (fhereinafter referred as “company Grunsberg Diamonds” or also “Seller”).
- Access and use of the internet page www.grunsberg.com is free, the visitor uses the web site at his own risk. The company Grunsberg Diamonds does not bear any liability for the safe use and uninterrupted access to this site.
- The commercial conditions stipulate the rights and obligations of the Seller and Buyer, who is either a Consumer or Business Person (Consumer or Business Person hereinafter referred as “Buyer”). A Consumer is every person, who outside of their business activity or outside of the individual performance of their employment entered into a contractual relationship with the Seller. A Business Person is he who individually performs on their own account and responsibility the earning of funds through business or another manner for the purpose of obtaining profit. The commercial conditions are accessible on the website to all persons.
- All of the contractual relations between the Seller and the Buyer fall under Czech Law, particularly Law No. 89/2012 Sb. Civil Code, as amended (hereinafter referred as “NOZ”).
- The Buyer agrees with using long distance means of communication when closing a purchase contract. Expenses incurred to the Buyer when using long distance means of communication in relation to the forming of a contract of purchase are paid for by the Buyer (Internet connection, phone calls). The Seller does not conclude contracts, whose object is repeated fulfilment, using long distance means of communication.
- If the Buyer is a Consumer, the offer to conclude a purchase contract is the placing of the offered goods by the Seller on the website www.grunsberg.com. The purchase contract is created with the sending of the order by the Buyer and the acceptance of the order by the Seller. The Seller will accept the order without unnecessary delay by confirming the order to the Buyer using the email message sent to the email address stated by the Buyer. The confirmation email does not have an effect on the conclusion of the purchase contract. If the Buyer is not a Consumer, the offer to conclude a purchase contract is the sending of an order by the Buyer. The purchase contract is concluded by the delivery of the confirmation email message to the email address stated by the Buyer. The purchase contract is concluded in the Czech language.
- All of the goods presented on the web interface of the store are of an informational character and the Seller is not required to conclude a purchase contract in relation to these goods. Provision § 1732 odst. 2 NOZ will not be applied.
- The latest applicable version of these conditions is always a part of the email message by which a confirmation of an order by the Buyer is made.
- An order of the goods is done through the web interface of the store situated on the web site of www.grunsberg.com with filling in of all of the therein listed particulars. Before the sending of the order of goods to the Seller the Buyer can change the information, which the Buyer put into the order, like the amount of goods, transportation, and method of payment.
- Concluding a purchase contract without agreeing on issues prescribed by the NOZ is in the meaning of § 1726 NOZ not allowed. The Seller along with the provision § 1740 odst. 3 NOZ will not accept an offer with an addition or variance.
- An order which does not contain all the requirements, or does not fulfil the issues listed in these commercial conditions, or is in conflict with them and where not even after calling upon by the Seller are they fulfilled or corrected, is looked upon as an offer that was not made.
- With the sending of the order the Buyer confirms that before its sending they have become aware of these General Commercial Conditions and that they agree with the form and manner that is applicable at the moment the order has been sent.
Price of goods and payment conditions
- The web interface of the store contains information about goods, including the listed price of individual goods. The price of goods is listed including the value added tax and all related charges. The Seller is allowed to unilaterally change the price of the goods given the fact that such a change will not have an effect on an already concluded purchase contract.
- Based on the conditions stipulated in these commercial conditions the Seller will charge the Buyer (in addition to the price of the goods) the costs of delivery of the goods. The web interface of the store contains information about the expenses associated with packaging and delivering goods. Information about the expenses associated with packaging of the listed goods in the web interface of the store is only applicable in the case that goods are delivered in the area of the Czech Republic.
- By completing an order the Buyer confirms agreement with the Seller on the listed price of the ordered goods.
- The method of payment of the buying price will be negotiated in the purchase contract, and this in relation to the choice of the Buyer made during the order. The Buyer has the choice between these options:
- Cashless bank transfer to the account of the Seller Number 1025211992/6100, listed at the bank house Equa Bank. The variable symbol that is required to be stated is the order number. The goods will be sent to the Buyer after the amount of the payment is credited to the account of the Seller.
- Cashless transfer using the Paypal system
- Cash (payment upon delivery) - the customer pays for the goods in cash during their pick up of the goods from the contracted transporter
5. The Seller requires the payment of the purchase price before the pick up of the goods by the Buyer. The Seller can demand from the Buyer a deposit or a similar payment, especially in the case where it is listed with the goods that the goods will be delivered “only by order”.
- The goods will be delivered to the Buyer at the address which the Buyer lists on the order. The goods will be delivered through a transporter, which the Buyer will choose during their order. The expenses for delivering the goods along with the period for their delivery are listed in the web interface of the store.
- If, based on the purchase contract, the Seller is required to deliver the specified goods to a place stipulated by the Buyer in the order, the Buyer is required to pick up the goods on delivery.
- If (based on reasons stemming from the Buyer) it is necessary to deliver the goods repeatedly or in a different manner than is listed in the order, the Buyer is required to pay for the expenses associated with repeated delivery of the goods or for expenses associated with a different delivery of the goods.
- The Buyer agrees with the fact that the Seller will provide to the chosen transporter information concerning the Buyer that is necessary for a rightful delivery of the goods.
- In the case where the goods are transported with a transporter, the Buyer is required, during pick up of the goods, to check that the packaging has not been damaged and in the case of any defects to without undue delay inform the transporter of this fact - a defect protocol must be written down. An incomplete or damaged package must be at the same time brought to the attention of the Seller. In the case damage to the packing demonstrates an unlawful entry into the package, the Buyer does not have to pick up the package from the transporter.
- The Buyer is required to without undue delay, latest within 3 days after picking up of the package with the goods, to check the contents of the package. He must check if the package completely corresponds to the order, especially with regards to the model, size, colour, and also quantity. The Buyer must also check if the goods don’t show marks of surface damage, and must also check the functionality of controllable elements of the product. In the case that the content of the package does not in any way corresponded to the order, or if the Buyer finds surface damage or non-functionality of some of the controllable elements of the product, they will without undue delay inform of this fact to the Seller and come to a correction in the form of a repair, or additional sending of missing goods. In the case of being late in this responsibility by the Buyer the Seller will assume that the contents of the package completely corresponds to the order and that the delivered goods are without any type of surface damage.
- Pick-up of the goods from the chosen transporter comes before the right of ownership to the goods as does the liability for damages of the goods for the Buyer.
Rights stemming from defect of goods
- The rights and obligations of the contracting parties related to defective performance are dictated by the relevant stipulations of the NOZ.
- The Seller is responsible to the Buyer that the goods do not have any defect during pick up. The Seller has a responsibility to the Buyer that at the time of pick up of the goods:
- that the goods have such properties which the parties agreed up, and if there is no additional negotiation, such properties which the Seller or manufacturer described or which the Buyer expected with regard to the type of good based on the quality of the goods in relation to a commercial made about them
- that the goods are fit for the purpose listed by the Seller or for the purpose of which goods of this type are usually used
- the goods correspond with the way that the goods are to be made is based on a contractual sample, if the way that the goods are to be made is to be based on a contractual sample
- the goods exist in the relevant amount, measure, and size, and fulfils legal requirements
3. If the Buyer is given defective performance, whereby the breach of contract was substantial, the Buyer has the right to:
- Removal of the defect through the supply of a new item without a defect or by supply of the missing item
- Removal of the defect through a repair of the item
- A proportional discount from the purchase price or
- Withdrawing from the contract
The Buyer will inform the Seller, which right they have chosen, at the time of notification of the defect or without undue delay after notification of the defect. The Buyer cannot make a change to the choice without agreement of the Seller; this is not the case if the Buyer requests repair of the defect which turns out to be unrepairable. If the Seller does not remove the defect in a reasonable time or if they notify the Buyer that they will not remove the defect, the Buyer can instead request the removal of the defect, a proportional discount from the buying price, or they can withdraw from the contract. If the Buyer does not choose their right in time, they have the same rights as is the case of an insignificant breach of contract (see par.4 below).
- If the defective performance is an insignificant breach of the contract, the Buyer has a right to have the defect removed or to have a proportional discount from the purchase price. If the Buyer does not make use of the right to a discount from the purchase price or does not withdraw from the purchase contract, the seller can supply what is missing or remove the legal defect. Different defects can be removed by the Seller by their choice of either fixing the item or supplying a new item. If the Seller does not remove the defect in time or refuses to remove the defect, the Seller can ask for a discount from the purchase price or they can withdraw from the contract. The Buyer cannot change their choice without the agreement of the Seller.
- During the delivery a new item the Buyer will return to the Seller the item previously supplied at his expense.
- If the Buyer does not inform of the defect in time, there is a loss of the right to withdraw from the purchase contract.
- If the Buyer does not inform of the defect without unnecessary delay when they could have with a proper check and enough care found out of the defect, the court will not rule that a right from defective performance exists. In the case of a hidden defect, the same is applicable if the defect was not announced without unnecessary delay after which the Buyer could with enough care find, latest though two years after the transfer of the item.
- In the case that the Buyer decides, with fulfilling the above conditions, to make use of their right to defective performance and make a complaints procedures then they shall fill in, specifically exact contact information of the Buyer - name, address, phone, e-mail, and a description of the claimed defect and requests of the Consumer, and electronically send it to the email address of the Seller : firstname.lastname@example.org. The Buyer can also fill in the form, print it out, and attach it to the package containing the defective good, and send it to the postal address of the Seller.
- The Buyer will send the goods without unnecessary delay by post or a different transportation service to the below listed address of the Seller. The moment a complaint is made is the moment when the Seller receives the goods from the Buyer. The goods should be carefully secured so that during the transportation it does not get damaged, the goods should be clearly labeled (“REKLAMACE”) and contain: goods in question (including all accessories), copy of the proof of purchase/sales note, also the filled in complaints form or at least link to the date of electronic sending of the filled in in form. Without the above mentioned items it is impossible to identify the origin and defect of the good. This procedure is also recommended for the Buyer-Consumer, unless they demonstrate and provided for existence of different means of providing the information.
- The Seller has the right to reject the acceptance of a good under a complaints procedure in the case where the good or its part are contaminated/dirtied or where the good does not meet the basic requirement for a safe hygienic handover of the goods to the complaints procedure, unless it is a regular contamination.
- In the case of purchase of the goods by the Consumer, if the defect becomes apparent six months from handover, it is as if the good was defective upon handover.
- The Buyer-Consumer has the right to right from defect, which comes up from consumer goods in the term of 24 months from handover. Provisions of this article are not use for goods sold for a lower price of defect, for which the lower price was negotiated , or the wear of goods caused by usual use, with used goods of defect corresponding to the amount of use or wear, which the goods had during handover of the Buyer, or if it corresponds from the characteristic of the goods.
- Further rights and obligations of the parties corresponding to the responsibility of the Seller for defects are stipulated in the complaints procedure of the Seller.
Special provisions regarding purchases by the Consumer
- In the case, where the purchase contract is concluded by means of distance communication, the Consumer along with the provisions of § 1829 odst. 1. NOZ has the right to, without providing a reasons, to withdraw from the contract within 14 days after pick up of the goods, where in the case of a contract of purchase was for more types of goods or the delivery of a number of parts, this period runs from the day of pick up of the last package of these goods. The withdrawal from the purchase contract must be by the Buyer sent in the period listed in the previous sentence to the address of the seller or to the email address of the seller which the Seller shall state. During a withdrawal from the purchase contract the Buyer must use the “Form for withdrawing from the contract” which is a part of these commercial conditions. In the case that the Consumer uses the Exemplary Form for withdrawing from the purchase contract, the Seller will confirm without undue delay in the text form its acceptance.
- In the case of withdrawing from the purchase contract based on this Article the purchase contract is terminated from the beginning. The Consumer is required to return the goods in a complete state to the Seller, with the Seller taking on himself the costs associated with returning the goods to the Seller, also in the case where the goods can’t be returned because of its nature in a regular postal manner.
- In the case where the Buyer withdraws based on the previous article from the purchase contract, the Seller shall return the funds received from the Buyer within 14 days from the withdrawal from the purchases contract by the Buyer. He shall return the funds in the same manner in which they received the funds from the Buyer, unless they agree otherwise. The Seller is also authorised to return the funds when returning the goods by the Buyer in another manner, if the Buyer agrees and if this does not create additional expense for the Buyer. If the Buyer withdraws from the purchase contract, the Seller is required to return the received funds to the Buyer before the Buyer returns the goods to the Seller, or before he shows that he has sent the goods.
- In the case of a withdrawal from a contract, it is necessary for the goods not to be in any way damaged or show finings of use or wear for the Seller to accept the goods back.
- The consumer takes into consideration that it is not possible with regard to the provision §nbsp;1837 of the Civil code to withdraw from the purchase contract about the delivery of goods, which was modified based on the wishes of the Consumer or for one of his persons.
- The consumer takes into consideration that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is closed with a condition, that if the Consumer makes use of the right to withdraw from the contract, the gift contract looses its effectiveness and the Consumer is required to return the provided gifts and everything which was given to him in this regard along with the goods. In the case that these gifts are not returned these items will be considered as unjustified enrichment of the Consumer. If is not possible to provide the object of the unjustified enrichment, the Seller has the right to financial compensation at the level of the usual price.
Contact Information of the Seller
Contact information of the Seller is:
Grunsberg Diamonds, s. r. o., Identifaction Number: 06296432, residing in Kaprova 42/14 110 00 Praha 1. The company is listed in the commercial registry of the City Court in Prague, section C, layer 279707 email@example.com
Delivery address for complaints: firstname.lastname@example.org
Contact person for dealing with orders, complaints and withdrawing from the contract: Miroslav Grunsberg
Protection of personal data
Detailed information about the subject of protection of personal data can be found on the main website of the seller - Processing of personal data
- These commercial conditions of the Seller are applicable in the way they are listed on the website of the Seller www.grunsberg.com on the day of concluding the purchase contract. The Seller maintains the right to change the commercial conditions.
- In the case where the contracting party is a Consumer, the relations not regulated by the commercial conditions are governed by the NOZ and the law no. 634/1992 Sb., about the protection of the Consumer. In the case where the contracting party is a Business Person, the relations not regulated by the commercial conditions are governed by of the NOZ.
- Relations and potential dispute, which come into existence on the basis of the contract, will be settled based on the law of the Czech Republic and will be settled by the applicable court of the Czech Republic. Potential disputes between the company Grunsberg Diamonds and the Buyer can also be settled through non-judicial means. In this case the Buyer - Consumer can contact the subject of non-judicial means of dispute settlement, like is the “Česká obchodní inspekce”. More information about non-judicial means of dispute settlement can be found here. Before a non-judicial means of dispute settlement is used, the company Grunsberg Diamonds recommends that the Buyer first contacts the company Grunsberg Diamonds for dealing with the situation that has arisen.
- It is possible to conclude the purchase contract in Czech, or in a different language, if it is not a reason for it not to be conluded.
- The purchase contracts are beginning with their conclusion archived by the Seller, even after their fulfilment. Purchase contracts are archived in the form they were concluded. Access to the archived purchase contracts are exclusively of the Seller or possibly a subject stipulated by the Seller for archiving. These subjects are not authorised to give access to the contracts to third parties with the exception of a legal obligation to provide such access.
- The Seller proclaims that he has for the sale of goods on the website www.grunsberg.com a valid business license. The check of following the business laws are gone by the relevant business office. The check for following of the law on the protection of personal data is the Office for the protection of personal data. The check on the following of the lawn on the proaction of the Consumer is done in a limited fashion by the Czech National Inspection.
- These General Commercial Conditions are valid and applicable from 01.01.2018.