Terms and Conditions
Terms and Conditions of DANFIL JEWELLERY s.r.o. (hereinafter referred to as the “Terms”) with registered office in: Liberec, Lomová 704, ZIP code 463 12, Company registration number: 272 77 844, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 22160 for the sale of goods through the Online Store located at the following internet address https://www.danfil.co.uk.
1. Introductory provisions
1.1. The Terms of DANFIL JEWELLERY s.r.o. (hereinafter referred to as the "Seller") regulate in accordance with Sec 1751 et seq. of Act No. 89/2012 Sb, the Civil Code, as amended (hereinafter referred to as the “Code”), the mutual rights and obligations of the Parties arising in connection with the Purchase Contract (hereinafter referred to as the “Purchase Contract”) entered into between the Seller and a natural person (hereinafter referred to as the “Buyer”) through the Seller's Online Store located at https://www.danfil.co.uk (hereinafter referred to as the “Online Store”).
1.2. These Terms do not apply to cases where the Buyer is a legal person or a person who enters into the Purchase Contract in the course of his/her business activity or in the course of his/her independent exercise of his/her profession.
1.3. Provisions deviating from these Terms may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract prevail over the provisions of the Terms.
1.4. The provisions of the Terms constitute an integral part of the Purchase Contract.
2. Registration, Ordering without Registration
2.1. Based on the registration made in the Online Store, the Buyer can access his/her registered account. The Buyer can order goods from his/her Registered Account, (hereinafter referred to as the “Registered Account”).
2.2. When registering in the Online Store, when ordering goods through a Registered Account and when ordering goods without registration, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the Registered Account in case of any change. The information provided in the Registered Account and when ordering goods through the account and when ordering goods without registration is considered correct by the Seller.
2.3. Access to the Registered Account is secured with a user name and password. The Buyer is obliged to maintain confidentiality of the information necessary to access his/her Registered Account.
2.4. The Buyer is not entitled to allow third parties to use the Registered Account.
2.5. The Seller is entitled to annul the Buyer's Registered Account, in particular in cases where the Buyer does not use his/her user account for more than 24 months or if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms).
2.6. The Seller allows the Buyer to order goods without registration, directly from the web interface of the Online Store.
3. Opening hours of the Online Store
3.1. The Buyer acknowledges that the Registered Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
4. Entering into the Purchase Contract
4.1. All information of goods placed on the web interface of the Online Store is informative and the Seller is not obliged to enter into a Purchase Contract regarding these goods. Provisions of Sec 1732 (2) of the Code shall not apply.
4.2. The web interface contains, among other things, information about the goods, their prices, packaging and delivery costs and the cost of returning the goods if they cannot be returned using the standard mail service. The prices of the goods are quoted in the currency of British Pounds (£) in standard form (i.e. before possible individual adjustment), including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the Store. The weight of some goods is displayed, but this is for guidance only and may not correspond to the actual weight.
4.3. The Buyer acknowledges that the final prices of the goods are quoted after rounding to the nearest pound in accordance with the applicable legislation, therefore in specific situations there may be a slight deviation from the purchase price so quoted in the final total for all goods purchased, this is due to the rounding to the nearest pound. The Buyer further acknowledges that in the case of individual adjustments, the final price will differ from the original price, taking into account the individual adjustments (shape, material, colour, etc.). The detailed breakdown of the purchase price is always given in the Buyer's order.
4.4. Special prices are valid only while stocks last or for a certain period of time.
4.5. The Buyer orders the goods in the Online Store via the order form.
Before submitting the order to the Seller, the Buyer is allowed to check and change information that he/she has entered in the order, including with regard to the Buyer's ability to identify and correct errors that may have occurred when placing the order. The Buyer sends the order to the Seller through the ORDER button. The validity of the electronic order is subject to the completion of all the data and requirements set in the form.
4.6. By sending the order, the Buyer confirms his/her consent with the entire wording of the Terms as well as the Rules for Raising Warranty Claims.
4.7. After receiving the order, the Seller will always confirm the delivery of the order to the Buyer by confirming the order via e-mail to the address specified by the Buyer in the order.
4.8. The Seller is always entitled, regardless of the nature of the goods required and their quantity, to require the Buyer to provide additional order confirmation (in writing or by phone).
4.9. The Purchase Contract between the Seller and the Buyer is entered into upon delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail to the e-mail address specified by the Buyer in the order.
4.10. The Buyer agrees to the use of remote communication means in entering into the Purchase Contract. The costs of using remote means of communication (phone, internet, etc.) to complete the order are at the normal rate, depending on the tariff of the telecommunications services used by the Buyer.
4.11. The Buyer acquires ownership of the goods by paying the full purchase price.
4.12. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Sec. 1765 (2) of the Code.
4.13. The Buyer acknowledges that the purchase of the goods does not grant him/her any rights to use registered trademarks, trade names, company logos or patents of the Seller or other entities.
5. Payment Terms
5.1. The price of the goods and any costs associated with their delivery according to the Purchase Contract can be paid to the Seller in any of the following ways:
- By wire transfer to the Seller's account No. CZ7880400000002291112473 maintained by Oberbank (hereinafter referred to as the “Seller's Account”) – after the money is credited to the Seller's account, the delivery period begins; the order number must be indicated as a variable symbol and the name of the Buyer must be included in the message to the recipient;
- Cashless via an online payment system, in particular PayU, PayPal, etc.
5.2. 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 will also include the costs associated with the delivery of the goods. The costs of delivery of the goods cannot be determined in advance and may be charged before the conclusion of the Purchase Contract.
5.3. In the case of specific goods that are not normally in stock, or in the case of goods that are adjusted according to the Buyer's wishes, the Seller is entitled to require the Buyer to pay an advance payment amounting to 100% of the purchase price of the product.
5.4. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is due within 3 days of entering into the Purchase Contract.
5.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods and to identify the variable symbol of the payment, which is the order number. In case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
5.6. The Seller is entitled, in particular if the Buyer does not confirm the order additionally pursuant to paragraph 4.8 of the Terms, to require that the Buyer pays the full purchase price before the goods are sent to the Buyer. Provisions of Sec 2119 (1) of the Code will not apply.
5.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
6. Transport and Delivery of Goods
6.1. The Seller allows the Buyer to select from the following delivery methods:
- Personal collection from a third party, especially in Zásilkovna (a mail delivery company), the price is indicated in the Online Store.
- Through a postal service provider or other carrier. The price for postage is determined according to the current price list of the postal service provider or carrier and is indicated in the Online Store.
6.2. All goods are shipped in accordance with the delivery time stated in the description of the ordered goods. In the event that for operational reasons it is not possible to meet the delivery time, the customer will be informed of this fact by phone or e-mail. In the event that the method of delivery is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this delivery method.
6.3. Delivery times are usual according to the type of goods and may be indicated in the Online Store.
6.4. 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 over of the goods upon delivery.
6.5. In the event that for Buyer’s reasons 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 goods, or the costs associated with a different delivery method.
6.6. 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, to immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. If the Buyer accepts the damaged shipment, he/she is obliged to describe the damage in the carrier's handover report.
6.7. The Seller will send the documents for the goods, in particular the tax document, to the Buyer immediately upon receipt of the goods, but no later than 2 days after the Buyer has received the goods, unless these documents are delivered to the Buyer together with the goods.
6.8. In the event of unforeseeable circumstances or circumstances beyond the control of the Parties, such as all cases of force majeure, which prevent the agreed delivery time from being met, the delivery time shall be extended by the duration of these circumstances; these include, in particular, armed conflicts, official interference and prohibitions, delays in transport and customs clearance, transport damage, shortages of energy and raw materials, industrial disputes and other labour disputes with employees, as well as the failure of an important, hard-to-replace supplier, epidemics. These circumstances also justify an extension of the delivery time if they occur with a subcontractor.
7. Withdrawal from the Purchase Contract
7.1. In accordance with provisions of Sec. 1829 (1) of the Code, the Buyer is entitled to withdraw from the Purchase Contract within 14 days from the date of receipt of the goods, and if the subject of the Contract deals with several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Contract must be sent to the Seller no later than on the last day of the period referred to in the preceding sentence. For withdrawal from the Purchase Contract, the Buyer may use the form template provided by the Seller, which forms an Annex to these Terms.
7.2. Withdrawal from the Purchase Contract may be sent to the Seller at the Seller's establishment address: Danfil Jewellery s.r.o., Lomová 704, ZIP Code 463 12, Liberec, Czech Republic, or by e-mail to: firstname.lastname@example.org. The goods can only be returned at the address of the Seller's registered office.
7.3. In cases where the Buyer has the right to withdraw from the Contract in accordance with Sec. 1829 (1) of the Code, the Seller is also entitled to withdraw from the Contract at any time until the Buyer takes over the goods. In this case, the Seller will refund the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
7.4. The Buyer acknowledges that according to Sec. 1837 of the Code he/she is not entitled to withdraw from the contract for the delivery of goods that have been modified according to the Buyer's request.
7.5. In the event of withdrawal from the Purchase Contract pursuant to Article 7.1. of the Terms, the Contract will be null and void. The goods must be returned to the Seller within 14 days of withdrawal from the Contract. If the Buyer withdraws from the Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature using the usual mail service.
7.6. In the event of withdrawal from the Purchase Contract pursuant to Article 7.1. of the Terms, the Seller will return the funds received from the Buyer within 14 days of the Buyer's withdrawal from the Contract, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer already when the Buyer returns the goods or in another way, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he/she has sent the goods to the Seller.
7.7. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest delivery method.
7.8. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
7.9. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is entered into with the condition subsequent that if the Buyer withdraws from the Contract, the Gift Contract with respect to such gift will cease to be effective and the Buyer will be obliged to return the gift together with the goods to the Seller.
7.10. The Seller has also the right to withdraw from the Purchase Contract in the event that the Buyer does not collect the goods ready for personal collection at the Seller's establishment within the time limit according to Article 6.7. of the Terms.
8. Rights from Defective Performance
8.1. The rights and obligations of the Parties with regard to the rights arising from defective performance are governed by the applicable generally binding legislation (in particular the provisions of Ss 1914 to 1925, Ss 2099 to 2117 and Ss 2161 to 2174 of the Code and Act No. 634/1992 Sb., on Consumer Protection, as amended).
8.2 The Seller is 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 received of the goods:
- the goods have the characteristics agreed between the Parties and, in the absence of agreement, they have 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 advertising carried out by them;
- the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;
- the goods correspond in quality or design to the agreed sample or specimen if the quality or design was determined according to the agreed sample or specimen;
- the goods are in the appropriate quantity, measure or weight;
- the goods comply with the requirements of the legislation.
8.3. The Seller is not liable for any defects in the goods resulting from improper or defective use, or for any damages resulting therefrom, unless such use is customary. The warranty also does not cover defects caused by improper or unreasonable handling and use contrary to normal use. The Seller is not liable for the weight of the goods as stated on the goods, as this weight is indicative only and may not correspond to the actual weight of the goods.
8.4. If the defect of the goods appears within 6 months from the date of receipt, it will be deemed that the goods were already defective upon receipt.
8.5. The Buyer is entitled to claim the right of defective performance from a defect that occurs in new consumer goods within the warranty period of 24 months from receipt, unless specified by the manufacturer otherwise.
8.6. As a proof of warranty, the Seller issues a proof of purchase (invoice) for each purchased item with the statutory information required for the application of the warranty (in particular, the name of the item, the length of the warranty, the price, the quantity, the jewellery code – if specified).
9. Settling the Warranty Claims
9.1. see separate section https://www.danfil.co.uk/reclamation/
10. Ochrana osobních údajů
10.1. see separate section https://www.danfil.co.uk/personal-data/
11. Dispute Resolution
11.1. The Buyer is entitled to send any complaints to the Seller by e-mail to the following e-mail address: email@example.com.
11.2. The competent entity for alternative resolution of consumer disputes arising from the Contract is Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Registration No.: 000 20 869, Internet address: https://www.coi.cz/ The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Contract.
11.3. European Consumer Centre Czech Republic, having registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://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 consumer online dispute resolution).
11.4. 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 personal data protection is exercised by The Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Sb., on Consumer Protection, as amended.
12. Final Provisions
12.1. The Seller may modify or amend or the wording of the Terms. This does not affect the rights and obligations that have arisen during the period of effectiveness of the previous version of the Terms.
12.2. If the relationship established by the Contract contains an international (foreign) element, the Parties agree that the relationship is governed by the Czech legislation. This does not affect the consumer’s right arising under the generally applicable legislation.
12.3. In case of a dispute, the Parties agree on the jurisdiction of the Czech court of the Seller, i.e. the Czech court in the location of the Seller's registered office.
12.4. If any provision of the Terms is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.5. The Contract, including the Terms, is archived by the Seller in electronic form and is not accessible.
12.6. The form template for withdrawal from the Contract constitutes the Annex to the Terms.
12.7. The Buyer may be serviced to the Buyer’s e-mail address specified in the order or in the Buyer’s Registered Account.
These Terms enter into force and effect on 1 May 2021.