TERMS AND CONDITIONS

Producer
Carbickova Crowns s.r.o.
with its registered seat at Mydlarska 105, 46010 Liberec, Czech Republic
company identification number: 10834184
VAT identification number: CZ10834184
registered in the Commercial Register kept by the City of Liberec in Czech republic
for selling goods through sales gallery platform Etsy.com available at the following internet address: carbickovacrowns.etsy.com


1. Opening provisions

1.1. These trading conditions (hereinafter referred to as “trading conditions”) of the producer
Carbickova Crowns s.r.o., with registered seat at Mydlarska 105, 46010 Liberec, CIN: 10834184, VAT ID: CZ10834184, registered in the Commercial Register kept by the City of Liberec (hereinafter referred to as the “seller”) regulating in accordance with the provisions of Section 1751, paragraph 1, Law No. 89/2012 Coll. of the Civil Code Czech Republic, as amended (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contractual parties incurred associated or based on the purchase contract (hereinafter referred to as “purchase contract”) between the seller and any natural person other than seller (“buyer” below) through sales gallery platform Etsy.com available at the internet address www.carbickovacrowns.etsy.com (hereinafter referred to as “internet trade”).

1.2. These terms and conditions form an integral part of the purchase contract. The purchase contract and trading conditions are drawn up in English language. The contract may be concluded in the English language.

1.3. The seller is entitled to change or complete the trading conditions. This provision is without prejudice to the rights and obligations that have accrued at any time in effect of version of trading conditions.

1.4. The communication between the buyer and the seller is carried out exclusively via messages in Etsy store (hereinafter referred to as “message”).


2. Conclusion of the purchase contract

2.1. The Purchase Agreement arises by sending the order by the buyer.

2.2. By requesting a change in the character of the ordered goods (color, size) in the supplementary report the seller may not consider this change. In that case he may refuse the order. Changing the character of goods can be agreed upon prior agreement with the seller via message and produce the goods in accordance with the buyer’s request.

2.3. The confirmation of the order is done by the seller. The buyer is informed via message about the receipt of the order.


3. The price of the goods and payment conditions

3.1. The price of the goods and any delivery costs incurred by the purchase contract are paid using Etsy payments.

3.2. In the case of payment by Etsy payments, the purchase price is payable immediately.

3.3. The buyer is informed by message about the receipt of the payment.

3.4. If the buyer purchases or has been purchased a gift voucher of a certain financial value, and he may not use it in a full value, the seller is not obliged to pay the buyer a price difference between the value of the voucher and the value of the purchased goods.


4. Withdrawal from the purchase contract

4.1. The buyer acknowledges that, in accordance with provision of § 1837 of the Civil Code, he/she cannot inter alia withdraw from purchase contract on delivery of goods that has been modified according to the wishes of the buyer or that was meant to for his person.

4.2. Unless referred to the Article 4.1 of trading conditions or any other case when the buyer cannot exercise his/her right of withdrawal in respect of the purchase contract, in accordance with provision of § 1829, paragraph 1 of the Civil Code Czech Republic has the buyer a right to withdraw from the purchase contract. Customer have to contact seller within fourteen (14) days from delivery date. Goods have to be shipped to the seller within twenty one (21) days from the delivery date. Withdrawal from the purchase contract shall be sent to the seller within a period referred to in the previous sentence.

4.3 The buyer is obliged to address the withdrawal from the purchase contract inter alia to the message address of the seller.

4.4. In case of withdrawal from the purchase contract in accordance with Article 4.2 of trading conditions, the purchase contract is repealed with effect. Customer have to contact seller within fourteen (14) days from delivery date. Goods have to be shipped to the seller within twenty one (21) days from the delivery date. If the buyer withdraws from the purchase contract, the buyer should bear any costs related to returning goods to the seller. The goods cannot be returned on cash on delivery.

4.5. In case of withdrawal from the purchase contract in accordance with the Article 4.2 of trading conditions, the seller is obliged to reimburse the received payments within twenty one (21) days from the day of delivery date to the seller, and in the same payment method that has been used by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to reimburse the received payments to the buyer before the buyer returns the goods in question to the seller or not before the buyer provides that he has sent the goods to the seller.

4.6. The goods must be returned undamaged, without obvious defects caused by use or improper storage. Goods must be packed in a suitable package (preferably the same, in as it was delivered) in an appropriate manner that clearly follows from the nature of the thing to avoid any possible damage to the goods during transport.

4.7. Compensation of a damage incurred on returned goods is covered by the buyer in a full value.

4.8. The seller is entitled to withdraw from the purchase order at any time before the goods is accepted by the buyer. In such a case, the seller will return the purchase price using Etsy refund platform.

4.9. If a gift is carried together with the goods to the buyer, a gift agreement between the seller and the buyer is concluded with a cancellation clause that signifies, in case of withdrawal from the purchase contract by the buyer, the expiry of the measures of the gift agreement in force, and the buyer is then obliged to return the gift, together with the goods, to the seller. T hat the withdrawal occurs buyer ‘s purchase agreement, the gift agreement expires on such a gift of efficiency, and the buyer is obliged to return the presented gift together with the goods to the seller.


5. Production

5.1. All assortment of the seller available in the web-shop is handmade and every made piece is unique. The presented product photographs are exemplary. The final product can slightly different from the illustrated one.

5.2. The seller stipulates a certain amount of time for order processing, which is determined based on product availability (stock /made to order), product’s complexity, present quantity of orders and on the season (hereinafter referred to as “production time”). Production time is set for each product individually and varies depending on the above mentioned factors. Time production is stated at the each product.

5.3. Product components are their integral parts. However, the manufacturer reserves the right to change the components of the illustrated product. All used components are made of imitation jewellery materials with a high degree quality of galvanization, unless stated otherwise.

5.4. The product will be delivered to the purchaser with the galvanising color appearance of the component stated in the product description or on the product photograph, unless stated otherwise. The galvanizing color appearance of the component can be changed upon prior agreement via message.

5.5. If the product is made to order or the product is customized to buyers requirements then it couldn’t be returned and refunded.

5.6. The products are unsuitable for children under the age of three they could swallow or inhale small particles.

5.7. The crowns are very sharp at the tops. Please be careful. Seller bears no responsibility for any damage to health.


6. Transportation and delivery service

6.1. If the seller is obliged in accordance with terms of purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the delivery of goods.

6.2. In case that for a reason on the buyer’s side is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to cover the costs related to the repetitive delivery, more precisely the costs related to another way of delivery.

6.3. Goods will be dispatched through Česká Pošta a s. (Hereinafter referred to as “Czech Post”). Goods will be shipped according to the shipping method selected in the order, unless decided otherwise after the prior agreement by internal post. Within the standard postage for orders in the Czech Republic it is mainly shipped as recommended writing (RR) or recommended package (BA) depending on the size of the ordered goods. When transporting the goods outside Czech Republic it is mainly shipped as recommended writing (RR) or recommended package (CS) depending on the size of the ordered goods.

6.4. Upon prior agreement, it is possible to send the goods by EMS express (Czech republic only) or DHL (worldwide) express service, which is charged individually.

6.5. The seller reserves the right to change the postage price depending on the current price-list of Czech Post and DHL.

6.6. The buyer is informed about dispatching of goods by message.


7. Rights related to faulty performance

7.1. The rights and obligations of the contracting parties regarding defective performance rights are abided by relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and§ 2161 to 2174 of the Civil Code Czech republic).

7.2. The seller is responsible for that the goods are not defected at receipt. Particularly, the seller is responsible for that when the buyer has accepted the goods:

7.2.1. The goods have qualities the parties have agreed on, and if there is no arrangement, the goods have such qualities the seller or manufacturer has described or which the buyer has expected with respect to its nature and based on advertisement made by the seller.
7.2.2. The goods are meant for the purpose the seller claims or for which the goods of its kind is commonly used.
7.2.3. The design or quality of goods corresponds with an agreed sample or model, if the design or quality has been determined in accordance with the agreed sample or model.
7.2.4. The goods are in corresponding quantity, size and or weight
7.2.5. The goods meet the legislative requirements.

7.3. The provisions of Article 7.2 Terms and Conditions are not applicable to goods sold for a lower cost due to a defect, for which the lower price has been agreed, to the wear and tear of goods due to its usual use, to defected goods due to a relevant use extent or tear and wear, which the goods has had already upon receiving or arises from the nature of goods.

7.4. Rights related to a faulty performance can the buyer apply to the seller by email. The moment when the seller receives from the buyer the faulty goods is considered to be the moment of making the complaint.

7.5. Other rights and obligations related to the seller’s liability for defects are regulated by return policy of the seller.


8. Return policy

8.1. Return Policy derived from the provisions of the Civil Code and Act No. 634/1992 Coll consumer protection, as subsequently amended, and applies to trading goods (hereafter only “goods”) by which are under the warranty period applied rights of the buyer resulting from the responsibility for defects (hereinafter referred to as “complaints”).

8.2. Return Policy is an integral part of business terms and conditions. By concluding the purchase agreement the buyer expresses an agreement with terms and conditions and with the return policy and confirms, that he is well familiar with it.

8.3. Rights of liability for defects of goods do not apply especially to cases when a defect or damage occurred:

8.3.1. by mechanical damage of goods;
8.3.2. demonstrably incorrect use;
8.3.3. by demonstrable use under conditions that do not match by their temperature, dustiness, humidity, chemical and mechanical influences of the environment, which unambiguously comes from the nature of a thing;
8.3.4. By demonstrably improper storage, which obviously comes from the nature of a thing.

8.4. An obvious damage of the goods or the packaging at delivery should be immediately resolved with the carrier and write down the discrepancies in the delivery documents (delivery note). The buyer is not obliged to accept such goods from the carrier and shall without undue postponing inform the seller. At the day of receipt the buyer duly check the integrity of the goods and the completeness of all fittings.

8.5. Goods must be shipped to the address of the business premises undamaged, without obvious defects caused by usage or an inappropriate storage. Goods must be packed in a convenient package (preferable the same as it was delivered) in appropriate way, which unquestionably comes for the nature of a thing to avoid potential damage during the transport.


9. Other rights and obligations of the contractual parties

9.1. The buyer obtains the ownership of the goods by paying the full purchase price of the goods.

9.2. In relationship to the buyer is the seller not obliged by any code of conduct in the sense of the provision of Section 1826 (1) e) the Civil Code.

9.3. The out-of-court settlement for consumer disputes in the purchase contract is the responsibility of Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha, ID: 00020869 with Internet address: http://www.coi.cz.

9.4. Seller is entitled to sell goods on the basis of a trade license. Trade control is performed, within the scope of its authority, by the relevant Trade Licensing Office. Supervision of the personal data protection is executed by the Office for Personal Data Protection. Czech Trade Inspection Authority executes in a limited extent, among other things, supervision of the compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended regulations.


10. Sending business documents

10.1. The buyer agrees to be sent information related to goods, services or the seller’ s business and also gives consent to be sent commercial notifications from the seller to the buyer’s electronic address.


11. Privacy policy

11.1. Basic provisions
The data controller in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the “Regulation”) is Carbickova Crowns s.r.o., identification number: 10834184, VAT ID: CZ10834184, with its registered seat at Halasova 896, 46006 Liberec, Czech republic. (hereinafter referred to as the “Administrator”).

Administrator contact information:
Carbickova Crowns s.r.o.
Mydlarska 105, 46010 Liberec, Czech republic
Tel: +420 725 044 852
E-mail: iwantcrown@carbickovacrowns.com

Administrator did not appoint a Data Protection Officer.

11.2. Managed personal data
For the contract of sale is necessary to provide personal information, without that is not impossible to conclude a purchase contract:
11.2.1. Registered user
· E-mail - required, account identifier
· Password - required, access to the account
· Name and surname - required
· Company - optional
· Street and number - required
· City - required
· Country - required
· Postcode - required
· Phone - optional
11.2.2. Unregistered user
· E-mail - required, account identifier
· Name and surname - required
· Company - Optional
· Street and number - required
· City - required
· Country - required
· Postcode - required
· Phone - optional

11.3. Purpose and legal reason for the processing of personal data
11.3.1. Performance of a contract between you and the administrator, as the processing of your order and the rights and obligations arising from the contractual relationship between you and the administrator under Article. 6, Paragraph. 1, Point. b) the Regulation.
11.3.2. Sending commercial and promotional messages (in particular newsletters) pursuant to Article. 6, Paragraph. 1, Point. a) the Regulation.

11.4. Retention period of personal data
11.4.1. Personal data is retained for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and further claims of these contractual relations.
11.4.2. Until your request to delete your personal data.

11.5. Security of personal data
11.5.1. Securing personal information at the carbickovabijoux.com online store is through the Shopify Online Shop Provider.
11.5.2. All data and printed personal data are kept at safe place out of reach of unauthorized persons.

11.6. Cookies
11.6.1. We use cookies to make your visit on our site more attractive, enable to use of various features and provide statistics on our site. Cookies are small text files that your browser creates automatically and will be saved on your end device (laptop, tablet, smartphone, etc.) when you visit our site. The cookies store information that results from the connection to the end device used. However, that does not mean that we will find out your identity directly.
11.6.2. Most of the cookies we use will be deleted after a browser session (so-called cookies session). These cookies provide, for example, how many items are currently in your cart and what is the current purchase value. Other cookies will remain on your computer and allow us to know your computer on the next visit (so-called permanent cookies). With these files, you may, for example, receive information tailored to your interests on this page.
11.6.3. Of course, you can set up your browser so that our cookies will not be stored on your end device.

11.7. User Rights
11.7.1. Request access to your personal information.
11.7.2. Allow to delete your personal information.
11.7.3. Change your personal information.
11.7.4. Withdraw consent to the processing of personal data electronically or in writing.
11.7.5. If you think that your right has been violated, you can file a complaint with the Office for Personal Data Protection.

11.8. Other processors of your personal data
11.8.1. Etsy - Online Sale Gallery Provider
11.8.2. Česká pošta s.p. - Shipper
11.8.3. DHL - Express shipper

11.9. Final provisions Privacy Policy
11.9.1. By creating an order, you confirm and accept the privacy policy.
11.9.2. By checking the privacy policy popup window, you acknowledge and accept the privacy policy.


12. Final provisions

12.1. If the relationship under the purchase contract contains an international (foreign) element, the parties agree on governing the contract by the Czech law. This is without prejudice to the rights of a consumer resulting from general binding rules.

12.2. If any provision under trading conditions is invalid or inefficient, or if it becomes so, another valid provision that most closely approximates the invalid provision will be performed neither invalidity or inefficiency of a provision affects validity of other provisions. Any changes and amendments of the Purchase Order or trading conditions are subject of a prior agreement by email.

12.3. The purchase contract including trading conditions shall be archived by the seller in electronic form and shall not be available.

12.4. The contact details of the seller: Mydlarska 105, 460 10 Liberec, e-mail: iwatncrown@carbickovacrowns.com, phone +420 725 044 852.


These Terms and Conditions updated on 29.5.2022.