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- Terms and Conditions
TERMS & CONDITIONS
- GENERAL PROVISIONS
All contractual relations are established in accordance with laws of the Czech Republic. Should the consumer be
a contractual party, the relations not regulated in the Terms and Conditions of Sale shall be governed by Civil Code (Act No. 89/2012 Coll.) and by Consumer Protection Act (Act No. 634/1992 Coll.).
- Lenka Davidová, based Zdařilá 816/6, 14000, Prague, Czech Republic, telephone number +420 608 350 550, Reg.nr.: 06884598, , Non VAT payer, offers purchase of jewelry products through the website BYBUTTERFLY.CZ .
- These Terms and Conditions govern the purchase and sale of goods between Lenka Davidová, as sellers and the customer, as purchaser via internet.
- The purchaser by sending the order confirms that he is familiar with the Terms & Conditions and Terms of Delivery. The relationship between the purchaser and the seller are subject to specified Terms and Conditions, which are obligatory to both parties at the same time.
- The Terms and Conditions are accessible on the website where the customer (purchaser) can read and download the current version.
- RULES OF ORDERING OF GOODS
- The seller accepts orders placed via the website and e-mail continuously, 24 hours daily. Orders placed out of business days (on days of rest) are processed by the seller on the first business day following the days of rest on which the order was placed.
- The seller concludes a contract, respectively contracts with the purchaser by the purchaser's order
- on website: bybutterfly.cz
- via email to email address: firstname.lastname@example.org
- The goods, listed in the order and selected by the purchaser from the available offer of the eshop, become the subject of a contract. The purchaser can place an order even without registering his own user account. We commit ourselves to supply only goods in perfect condition and in accordance with the specifications and features typical for the given type of goods.
- The condition for successful online ordering is to fill in all required data requested by the order form. The order concurrently becomes a draft of purchase agreement. After the order is sent, the purchaser will receive an automatic notification via e-mail about the receipt of the order in the seller's electronic system (hereinafter referred to as "order confirmation”). The order confirmation contains information about the name and specifications of goods whose sale is subject of the purchase contract, information about the price of goods, name and data about the place where the goods have to be shipped and details about the possible price, conditions, delivery method, details about the seller (business name, address, registration number, the number of the entry in the Commercial Register etc.), respectively other necessary data. Any additional information regarding his order may be sent to the purchaser's email address. The order confirmation includes information that the seller has received an order however it is not an acceptance of the proposal for the conclusion of the purchase contract.
- The seller will subsequently send information to the purchaser's email address whether the purchaser's order has been accepted (“Acceptance of order").
- The purchase contract is concluded by the delivery of the acceptance of the order in electronic or written form to the purchaser.
- In special cases, mainly those with higher sum, except the initial automatic confirmation of the order by email, the seller reserves the right to reconfirm the order via phone and to ask the purchaser to pay a deposit in advance. If during the time when the goods were ordered, there was a significant change in exchange rates or change of the supplied goods from the supplier’s side, respectively the seller is not able to deliver the goods to the purchaser within the agreed period or at the agreed purchase price, the seller is obliged to offer the purchaser compensation or the possibility to cancel the order. The purchaser can cancel the order iva e-mail. If the purchaser does not accept the compensation offered by the seller or does not cancel the order within a reasonable period, the seller is entitled to refuse (not accept) the purchaser's proposal to conclude a purchase contract.
- Photographs, graphic presentation of the offered goods, company logos or product logos are used exclusively for the presentation of the shop. They are copyrighted and the purchaser is not authorized to further manipulate with these elements.
- The visual display of colour shades depends on the quality of the monitor used, respectively of another display device.
III. WAYS OF DELIVERY AND DELIVERY PERIOD
- The delivery time for goods in stock is within 5-10 business days to European Union countries.
- The estimated delivery period is stated in the shopping cart when choosing the delivery method.
- Delivery of goods will be subject to availability of products and seller’s operational capabilities provided as soon as possible.
- If some of the goods become sold out until the order is processed, the customer will be notified in advance by e- mail or phone about the change of the delivery time. In such case the customer has the right to annul the order, or to modify it.
- Received orders are processed on the next business day.
- In case of payment via GoPay the seller postpones the dispatch of the goods until the amount is credited to the seller's bank account.
- The seller archives information about the concluded contracts for 3 years. The purchaser is entitled to request this information from the seller via e-mail. The seller is obliged to provide this information within 14 days from the date of receipt of the request.
- GOOD’S PRICES AND PAYMENT METHODS
- Prices listed in our online shop are in Czech crowns and Euros, including all related taxes and they are valid at the time of ordering the goods. The seller reserves the right of misprints and price changes in case of exchange rates changes, significant rise in inflation or significant changes in supply conditions from our manufacturers and other suppliers of goods. The customer has the right to withdraw from the contract if the price changes.
- Postage is not included in the price of the goods.
- The seller reserves the right to change prices of the goods in the online store, to introduce new goods, to announce and cancel discounts or to change these offers, while the changes do not affect the purchaser’s rights arising from the placed order or the concluded contract.
- The purchaser can choose from the following payment methods:
- GoPay through GoPay account or credit card.
- The purchase agreement is concluded with condition, that if the purchaser does not pay the agreed purchase price within 5 days from the seller's notice (in case of payment by bank transfer or paypal), the contract will be cancelled from the beginning; the parties will reimburse or compensate all received transactions and the seller acquires a right to freely dispose with the ordered goods.
- Invoice serves as the evidence of purchase. The original invoice is attached to the ordered goods. The invoice is send in electronic form(PDF file) to the customer’s e-mail after the dispatch of the parcel. The invoice also serves as a bill of delivery and a certificate of warranty.
- WITHDRAWAL FROM THE CONTRACT
- The seller reserves the right to refuse (not to accept) the purchaser’s proposal for concluding a contract in case if the purchaser stated false or misleading personal data. In this case, the seller will immediately notify the purchaser in order to arrange the further steps regarding the order. Each order is treated individually and with maximum effort to satisfy the customer.
- A non-business purchaser /who does not have an EIN/ has the right to withdraw from the contract within 14 working days from the date of receiving the shipment in accordance to the law No. § 1829, paragraph 1 of Civil Code, and other 14 days from the withdrawal from the contract to send the goods back to the seller. Within this term the purchaser has the right to unpack and test the goods in a similar way as in case of buying goods in a classic "stone" shop, in order to check the nature, characteristics and functionality of the goods.
- The right to withdraw from the contract may be claimed by the purchaser in paper form or via sending an email to email address email@example.com, together with the number of the tax document number /invoice/ and the number of the bank account. The period of withdrawal from the contract is maintained, if the purchaser sends a notice about exercising the right of withdrawal from the contract before the period for the withdrawal from the contract expires.
- The purchaser who withdraws from the contract is obliged to pay the necessary costs related to the returning of the goods, if he is returning goods without damage or any flaw. (The purchaser bears the costs of shipping and the risk of damage during the transport back to the seller.) In case of such withdrawal from the contract the payment received from the customer is reimbursed within 14 days – from the day on which the seller is informed of the purchaser’s decision to withdraw from the contract, using the same means of payment as the purchaser used for the initial transaction. The reimbursement is sent to the indicated bank account number of the purchaser.
- In the event of withdrawal from the purchase contract and return of the goods to which a free gift was sent, it is the purchaser's duty to return the goods together with the gift. If the purchaser keeps the gift, the seller will issue an invoice for the gift according to the valid price on the eshop’s. The value of the gift will be deducted from the value of the returned purchase price.
- The returned goods must satisfy the following conditions:
- Goods must be packed thoroughly to avoid damage.
- Goods shall not be used, must be without any sign of being worn caused by treatment beyond the scope of Act § 1837 of Civil Code.
- Goods must be complete (with all gifts, see section no.5)!
- Goods must be sent back with the copy of the invoice.
- Do not send goods by cash on delivery (COD). In the event of sending the goods by cash on delivery, it will not be taken over.
- In the case of personal delivery of the goods, it is necessary to agree on the delivery date.
- When returning goods the seller is not liable for any loss or damage of goods, while being shipped to us - it is the customer’s duty to pack the goods in such way that the goods will be prevented from any damage.
- If the purchaser makes any change on the product (engraving, shortening or other changes), the trader is not obliged to take over the changed goods and therefore the purchaser loses the right to exchange.
- Obligations of the trader in the event of withdrawal
- The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. The trader shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
- The trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
- Unless the trader has offered to collect the goods himself with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
- Obligations of the consumer in the event of withdrawal
- Unless the trader has offered to collect the goods himself, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
- The consumer shall only bear the direct cost of returning the goods unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them.
- In the case of off-premises contracts where the goods have been delivered to the consumer’s home at the time of the conclusion of the contract, the trader shall at his own expense collect the goods if, by their nature, those goods cannot normally be returned by post.
- The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in any event not be liable for diminished value of the goods where the trader has failed to provide notice of the right of withdrawal.
- The customer is fully responsible for the accuracy and integrity of the bank details necessary for refund. In case of sending incorrect bank details, the seller is not responsible for errors caused by sending incorrect data.
- CLAIMS AND GUARANTEE
- The warranty for the goods, purchased by the buyer from the seller in electronic form on the website of the online store, is 24 months in accordance with valid legislation (particularly by provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act No. 89/2012 Coll., Civil Code). In case, there is longer warranty provided by the manufacturer than the legal warranty, the longer warranty is valid.
- The warranty period begins on the date of receipt of the goods by the purchaser.
- The seller is obliged to register the claim and the seller can reject the claim only during the first 12 months from the purchase on the basis of professional assessment! ( 18.6 of the same Act).
- If the purchaser filed a claim during the first 12 months from the conclusion of the purchase contract, the seller can reject the claim only on the basis of professional assessment; regardless of the outcome, the seller bears all costs. Professional assessmentis an expert’s statement or opinion issued by an authorized, notified or accredited person, or an opinion of a person authorized by the manufacturer to perform warranty service (authorized service).
- If the purchaser filed the claim after 12 monthsfrom the conclusion of the purchase contract and the seller rejected it, the person who has processed the claim, is obliged to indicate in the document about resolving the claim to whom can the purchaser send the goods for professional assessment. If the purchaser proves the seller's liability for the claimed product’s defect by professional assessment, he may reapply the claim; the warranty period does not elapse during the professional assessment. The seller is obliged to reimburse all costs related to the professional assessment of the goods as well as all related purposefully payed costs within 14 days from the day of the resubmitted claim.
- The assessment of the defects of goods is in accordance with valid regulations, standards and provisions, which are not in conflict with the valid legal order in the Czech Republic. In case of repairable error, the purchaser has the right to repair, free of charge, in time and properly. The seller decides how to fix the error without any delay. The purchaser may request exchange of items instead of correction (repair). The same applies to the elements of the things if the seller does not incur disproportionate costs in relation to the price of the goods or the seriousness of the error. In the event of unrepairable error that prevents proper use of the item for the given purpose, the purchaser has the right either to exchange the item or to withdraw from the contract (reimbursement). When the thing has at least three various repairable errors at the same time, while each prevents proper use, the purchaser has the right to choose exchange of goods or refund. The same right applies if the same error which have already repeatedly occurred twice, occurs third time during the warranty period.
- The warranty does not apply to the defects caused by incorrect and inconsiderate use of the product, including the casual use of the product.
- The seller is not responsible for the defects:
- if the purchaser has not exercised his right related to the seller's liability for the defect of goods by the end of the warranty period,
- if the defect is a mechanical damage caused by the purchaser,
- if the defect is caused by using the goods under conditions which by their intensity, humidity, chemical and mechanical effects do not correspond to the natural environment of the goods,
- if the defect is caused by non-professional treatment, service or neglect of care,
- if the defect is caused by the goods being damaged by excessive loading or use contrary to the conditions indicated in the documentation or the general principles of common use of the goods,
- if the defect was caused by irreversible and/or unforseeable events,
- if the defect is caused by accidental destruction and accidental deterioration,
- if the defect was caused by unprofessional interference, water damage.
- The purchaser is obliged to inspect the delivered goods and control the delivered quantity of goods, assortment or possible obvious flaws of goods. The purchaser must notify the seller of possible incompleteness of delivery or exchange of the assortment immediately after receipt of the goods. Otherwise the delivery is considered complete and without flaws. In case of evident damage, caused during the transport, the purchaser is obliged to write a claim protocol of the damaged package with the courier company, respectively not take over the goods. A written protocol of the nature of the damage is an essential condition for a possible complaint procedure.
- The seller is obliged to give a written document to the purchaser about the way of claim settlement and about settling the claim personally, through the postal service or courier service no later than 30 days from the day of filing the claim. The seller will notify the purchaser via telephone or e-mail about the result of the claim procedure immediately after the claim procedure is finished, and finally he will receive, together with the goods, respectively via e-mail a document about the settled claim.
- You may inform us of the claim via e-mail: firstname.lastname@example.org via post to our address:
140 00 Praha
- In case of sending damaged goods, the parcel must satisfy the following conditions:
- The goods must be packed thoroughly. When returning goods the seller is not liable for any loss of goods, while being shipped to us - it is the customer’s duty to pack the goods in such way that the goods will be prevented from any damage or loss.
- Send goods by registered mail, not by cash on delivery (COD). In the event of sending the goods by cash on delivery, it will not be taken over.
- The seller recommends to attach the copy of the invoice and the reason of claim to the claimed product. By doing so the purchaser speeds up the claim process.
- After receiving the claim, the seller will notify the purchaser via e-mail about the receipt of the parcel.
- A claim process, regarding goods which can be delivered to the seller, begins on the day on which all the following conditions are cumulatively met:
- the notice about filing a claim was delivered to the seller (by mail or post)
- the claimed goods were delivered from the purchaser to the seller
- The seller is obliged to settle the claim and finish the claim process in one of the following ways:
- sending the repaired goods,
- exchanging the goods,
- offering an appropriate discount from the price of goods.
- by written notice to take over the determined settlement
- by statement of the reasons of the claim rejection (if the claim is not settled in a positive way, the goods will be sent back to the purchaser together with the reason why the complaint was rejected).
- When claiming damaged goods, the seller proceeds as follows:
- In case of repearable error: repears the goods, or exchanges it for goods of the same type.
- In case of unrepearable error: exchanges the goods for other types of goods in the same or similar price.
- In case of unrepearable error, if the purchaser will not be able to choose other goods, the seller will return the money.
- When claiming damaged goods, the purchaser does not pay postage for resending the claim goods.
- The claim process must not take longer than 30 days from the date of physical receipt of the claimed goods, i.e. we resolve the claim within 30 days. The seller resolves the claim to customer satisfaction in the order in which the claims were received, in the shortest possible time.
- If the value of the damaged goods is up to the amount of the postage paid, it is enough to send a photo of the damaged goods via email, while it is required to take a photograph so that the damage is apparent and clear. Send the photograph to our e-mail address: email@example.com with the number of the order and reason of claim.
VII. EXCHANGE OF GOODS
- The purchaser has the right to exchange the goods for goods of another kind, colour or size within 14 days of receipt of the goods.
- The returned goods must satisfy the conditions according to our Terms and Conditions.
- The seller can be informed about the exchange of goods according to our Terms and Conditions.
- When exchanging goods the purchaser is obliged to pay the necessary costs associated with the return of the goods. (The purchaser bears the cost of shipping and the risk of damage during the transport back to the seller.)
- If the goods are exchanged, a new warranty period begins.
- The purchaser is required to provide true, current, and accurate data when purchasing goods and creating a user account. The registered customer is obliged to notify the seller about any change in this data immediately.
- The parties agree that the purchaser, if he is a natural person, is obliged to indicate in the order his name and surname, the address of his permanent residence, including postal code, telephone number and e-mail address.
- The parties agree that the purchaser, if he is a legal entity, is obliged to indicate in the order his business name, place of business, including postal code, registration number, telephone number and e-mail address.
- The purchaser's personal data entered during the registration of the user account in the store are protected by Act No. 110/2019 Coll., Civil Code on personal data protection and on the amendments to certain act as amended by later legislation and processed by the seller solely for the realization of orders and for marketing purposes.
- In order to offer service, the seller needs to know some of the purchaser’s personal information. The seller respects the purchaser’s privacy, and thus we try to minimize the amount of these data to the most necessary information and we protect it from abuse. The seller’s work with personal data is fully subject to the legal norms of the law of personal data protection.
- Details about purchases, claims and other activities of the purchaser in our online store are confidential and subject to the same safety rules as working with personal data. Any gained data are protected from abuse and are not disclosed to any third party (except the companies ensuring the shipment of the goods or payment that obtain just a minimum piece of information about a customer, which is necessary for successful dispatch of goods). All data serve only to improve the quality of the seller's services.
- The purchaser by ticking the box before submitting the order may express his/her consent for the seller to process and store his personal data, in particular those mentioned above and/or which are necessary for the seller's activities related to sending information about new products, discounts on the goods offered and process them in all his information systems.
- The purchaser grants consent for the seller according to the previous section of these terms and conditions for a definite period of time. After the fulfillment of the purpose of the processing, the seller will immediately secure the liquidation of the purchaser's personal data. The purchaser may withdraw consent to the processing of personal data at any time in writing. Consent expires within 1 month of receipt of the withdrawal.
- The seller declares that for purposes other than those stated in these terms and conditions and claims terms will always collect personal data with the purchaser's consent, and at the same time ensures that such personal data will be processed and used exclusively in a manner corresponding to the purpose for which they were collected and will not merge them with personal data that have been obtained for the purpose of fulfilling the purchase contract.
- When creating a user account, the purchaser agrees that the seller will use his name and e-mail for sending information on discounts, news and other marketing activities. Each of such emails contains instructions how you can easily prohibit us to send these e-mails and newsletters.
- The purchaser has the right to send in writing: changes or additions to personal data, as well as a request for liquidation of personal data provided to the seller.
- Final provisions
- The purchase contract is governed by the laws of the Czech Republic. The rights and obligations of the parties not stated in this contract are governed by the relevant provisions of the Commercial Code and related legislation.
- The seller reserves the right to change these Terms and Conditions. These changes do not apply to orders completed prior to the effect of the changes. Any such changewill be effective upon publishing on the website.
- Additional provisions
- The Municipal Court in Prague in the Czech Republic has jurisdiction for the judicial resolution of disputes.
- It is responsible for the out-of-court settlement of consumer disputes at the level of:
EU EU consumer dispute resolution portal ie. for all EU countries, regardless of the consumer's place of business and residence.
and for most countries also alternatively at the national level
Czech Republic the Czech trade inspection
Slovakia Slovak Trade Inspection