Terms and Conditions

Operator: Ing. Kamila Jungmannová

with registered office: Okružní 59, 26701 Trubín (This address is only the registered office and correspondence address. STONES ARE NOT STORED HERE, THERE IS NO SHOP)

ID: 19965605

1. Introductory provisions

These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the operator Kamila Jungmannová, with registered office at Okružní 59, 26701 Trubín, ID No.: 19965605 hereinafter referred to as “Seller”) regulate in accordance with the provisions of §1751 paragraph 1 of Act No.89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Seller’s online shop is operated by the Seller on the website located at www.e-gems.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).

The Terms and Conditions do not apply to cases where the person who intends to purchase from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.

Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.

The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

The buyer is bound by the terms and conditions valid at the time of conclusion of the purchase contract.

2. Conclusion of the purchase contract

All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are final. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. Prices are not adjusted to the buyer’s personality based on automated decision-making. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic, Europe or the world.

To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

a) the ordered goods (ordered “inserted” by the buyer into the electronic shopping cart of the web interface of the store),

b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

c) information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered into the order. The Buyer sends the order to the Seller by clicking on the “Order binding payment” button. The data provided in the order are considered correct by the Seller. The Seller shall confirm this to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the order (“Buyer’s e-mail address”).

Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).

The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.

The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).

3. Price of goods and payment terms

The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

a) by wire transfer to the Seller’s account No. 2402738410/2010, held at Fio banka a.s. (hereinafter referred to as the Seller’s account).

b) exceptionally in cash on delivery at the place specified by the buyer in the order

Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 3 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract.

In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 2), to demand payment of the full purchase amount before the goods are sent to the Buyer. The provisions of §2199 paragraph 1 of the Civil Code shall not apply.

Any discounts on the price of the goods granted to the buyer cannot be combined with each other.

If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not subject to value added tax. The Seller shall issue a document – invoice to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer’s electronic address or shall enclose the invoice in paper form with the dispatched goods.

4. Withdrawal from the contract

The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract of sale for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a contract of sale for the supply of goods that have been irreversibly mixed with other goods after delivery.

Unless it is a case referred to in Article 4 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code within fourteen (14) days from the receipt of the goods by the buyer or a third party designated by him other than the carrier, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the preceding sentence. The Buyer must send the withdrawal from the Purchase Contract to the Seller’s correspondence address (Kamila Jungmannová, Okružní 59, 26701 Trubín) and at the same time send information about the withdrawal from the Purchase Contract to the Seller’s e-mail address: info@e-gems.cz.

In the event of withdrawal from the purchase contract pursuant to Article 4 of the Terms and Conditions, the purchase contract is cancelled from the outset. The Buyer shall return or hand over the goods to the Seller without undue delay, at the latest within fourteen (14) days of withdrawal from the contract, unless the Seller has offered to collect the goods himself. The time limit under the previous sentence is maintained if the buyer sends the goods before the expiry of the time limit. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.

In the event of withdrawal from the contract according to Article 4 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the return of the goods by the Buyer by wire transfer to the bank account designated by the Buyer. The Seller is also entitled to return the performance provided by the Buyer in another way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the seller receives the goods. The goods must be returned undamaged, complete and unworn and, if possible, in their original packaging.

The Buyer acknowledges that if the goods returned by the Buyer are damaged, returned incomplete or worn out, the Seller shall be entitled to compensation for damages incurred by the Buyer. The Seller shall be entitled to unilaterally offset the claim for payment of damages to the goods against the Buyer’s claim for reimbursement of the purchase price.

In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.

Failure to collect the purchased goods from the carrier is NOT considered a withdrawal from the purchase contract. In case of non-collection of the goods, the buyer will be charged the costs associated with shipping, packaging and administration in the amount of 200 CZK.

5. Transport and delivery of goods

Goods are shipped within seven working days after payment (THIS DELAY IS BECAUSE MOST GOODS ARE STORED IN SEVERAL BANKING CARDS AND IT TAKES TIME TO COMPLETE THE GOODS).

In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event of non-acceptance of the shipment by the buyer, the seller is entitled to compensation for the costs associated with the delivery of the goods to the buyer (in a fixed amount of CZK 200).

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 specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. By accepting the goods from the shipping company, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

TRANSPORT COST PRICE LIST:

Shipments are sent with Czech Post s.p., as valuable writing and are insured.

Payment in advance – transfer to account: postage + packing PRICE WRITING: 110,- CZK

Cash on delivery: postage + packing PRICE DRAFT: 200,- CZK

6. Rights from defective performance

The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of §1914 to 1925, §2099 to 2117 and §2161 to 2174 of the Civil Code and Act No.634/1992 Coll., on Consumer Protection, as amended).

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

(a) it has the characteristics agreed between the parties and, in the absence of an agreement, it has the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertised performance,

(b) the goods are fit for the purpose for which the seller states or for which goods of that kind are usually used,

(c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship has been determined by reference to the agreed sample or specimen,

(d) the goods are in the appropriate quantity, measure or weight; and

(e) the goods comply with the requirements of the legislation.

The preceding provisions of the terms and conditions do not apply if the seller has specifically notified the buyer before the conclusion of the purchase contract that a certain property of the item differs and the buyer has expressly agreed to this when concluding the purchase contract. Furthermore, the above provisions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods, which the buyer was informed of in advance and expressly agreed to when concluding the contract.

If the defect manifests itself within two years of acceptance, the item shall be deemed to have been defective upon acceptance, unless the nature of the item or the defect precludes this. This period shall not run for the time during which the buyer cannot use the goods if he has rightly complained of the defect.

The buyer may complain about a defect that becomes apparent within two years of receipt. If the buyer has rightfully pointed out the defect to the seller, the period for pointing out the defect does not run for the period during which the buyer cannot use the item.

If the item has a defect, the buyer may demand its removal. He may, at his option, require the delivery of a new item without the defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.

The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item.

The buyer may demand a reasonable discount or withdraw from the purchase contract if: the seller has refused to remove the defect or has not removed it in accordance with the previous provision of the terms and conditions, or the defect is repeated, or the defect is a material breach of the purchase contract, or it is obvious from the seller’s statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

If the defect of the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of the preceding article of the terms and conditions); it is considered that the defect of the item is not insignificant. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer proves to him that he has sent the item.

The defect can be blamed on the seller from whom the item was purchased. However, if another person is designated to carry out the repair, who is in the place of the seller or in a place closer to the buyer, the buyer shall reproach the defect to the person who is designated to carry out the repair.

Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at its registered office, whereby the goods must be delivered exclusively by post. The Seller must issue the Buyer with a written confirmation when the Buyer makes a claim, stating the date on which the Buyer made the claim, what the claim contains, the method of handling the claim requested by the Buyer and the Buyer’s contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.

The complaint, including the removal of the defect, must be settled and the buyer must be informed of this within thirty (30) days of the date of the complaint, unless the seller and the buyer agree on a longer period. After the expiry of the time limit, the Buyer may withdraw from the Purchase Contract or demand a reasonable discount.

The Seller is obliged to issue the Buyer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

The buyer can specifically exercise the rights from the liability for defects of the goods by e-mail at: info@e-gems.cz .

Whoever has a right from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.

Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint rules.

7. Other rights and obligations of the parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods including the cost of transport.

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.

Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller’s electronic address. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s electronic address. No other rules for handling complaints are set by the Seller.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. 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 under the purchase contract.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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).

The buyer may lodge a complaint with the supervisory authority or the state supervisory authority. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

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

8. Privacy Policy

The personal data controller, i.e. the person who determines the purposes and means and decides on the processing of the buyer’s personal data, is the company of the seller – the operator of the online store, i.e. Ing. Kamila Jungmannová, with registered office at Okružní 59, 26701 Trubín, identification number: 19965605, e-mail:info@e-gems.cz.

When processing personal data, the Seller is governed by the relevant legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”). The processing of the Buyer’s personal data is necessary for the performance of the purchase contract concluded through the Seller’s online store. The processing of personal data takes place in order for the Seller to be able to provide the performance arising from the contract for the purchase of goods and the processing is necessary for the performance of this contract. The Seller also processes personal data for the purposes of any claims or the exercise of other rights of the Buyer as a consumer under the relevant legislation.

Personal data is processed for a period of time from the moment of ordering the goods. Only those personal data of the buyer which are necessary for the exercise of the seller’s rights and obligations or which are required by law are stored for the maximum period required by the applicable law. The processing of personal data does not involve automated processing or profiling.

The Seller processes only personal data that it has obtained directly from the Buyer and that the Buyer has provided in the order, i.e.: name and surname, telephone number, e-mail address, address, possibly delivery address, ID number, IP address and other data provided by the Buyer in connection with the performance of the purchase contract (e.g. bank account number). Without the provision of these personal data, it is not possible to perform the concluded purchase contract, i.e. to deliver the selected goods to the buyer and to provide other services of the seller. The provision and processing of the above personal data is therefore a necessary condition for the conclusion and performance of the purchase contract.

The Seller shall treat the Buyer’s personal data with due care and in accordance with applicable law. The personal data shall be protected to the maximum extent possible, which corresponds to the technical level of the available means.

Personal data is transferred by the buyer to the extent necessary to other entities to ensure the performance of the concluded purchase contract, in particular for the purpose of transport and communication with the buyer. In addition, personal data are not transferred to anyone except where the Buyer’s express consent is given or the Seller is required or authorised to do so by law (for example, in the case of requests from law enforcement authorities).

Personal data is not transferred to countries outside the EU.

Under the terms of the GDPR, the Buyer has the following rights in relation to personal data that can be exercised against the Seller:

právo na přístup ke svým osobním údajům dle čl. 15 GDPR
právo na opravu osobních údajů dle čl. 16 GDPR, popř. omezení zpracování dle čl. 18 GDPR
právo na výmaz osobních údajů dle č. 17 GDPR
právo vznést námitku proti zpracování dle čl. 21 GDPR
právo na přenositelnost údajů dle čl. 20 GDPR
the right to withdraw consent to processing in writing to the controller’s email: info@e-gems.cz
You also have the right to lodge a complaint with the Office for Personal Data Protection, ID:70837627, located at Pplk. Sochor 27, 17000 Prague 7,www:https://www.uoou.cz, if you believe that your right to personal data protection has been violated.

9. Sending commercial communications and storing cookies

The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller’s obligations under the purchase agreement can be fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw the consent according to the previous sentence at any time.

10. Final provisions

By submitting an electronic order, the buyer accepts without reservation all provisions of the terms and conditions in the version valid on the date of sending the order, as well as the price of the ordered goods valid on the date of the order, including shipping costs. The size and weight indicated for the goods are approximate. The Buyer acknowledges that the colours of the goods displayed may be distorted by digitalisation.

If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

Seller’s contact details:

Correspondence address (e.g. for returning parcels): Ing. Kamila Jungmannová, Okružní 59, 26701 Trubín

E-mail: info@e-gems.cz (The Seller does not provide any other element of on-line communication).

Headquarters: Ing. Kamila Jungmannová, Okružní 59, 26701 Trubín

The Terms and Conditions are valid from 1 January 2024 until further notice. In the event of a change in the terms and conditions, the terms and conditions that were in force at the date of purchase shall apply.

In Trubin 1.1.2024.