Terms and conditions of use

These Terms and Conditions and the website have also been translated into other languages. However, the Czech version is the original and legally binding version. All other language versions are translations for informational purposes only. If any discrepancy arises between the original Czech Terms and Conditions and any other translation, the original Czech version shall prevail.

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of the seller of jewellery under the trade brand Buka Jewelry® represented by:

the company Buka Jewelry, s.r.o., which is the manufacturer and importer of jewellery, the owner of the registered trade brand Buka Jewelry®, and which is also the operator of the online store via the website interface (hereinafter the “Online Store Interface”) located at www.buka.cz and its international versions (hereinafter the “Website”), and the seller of jewellery in the brick-and-mortar store at Ke Stírce 338/51, 182 00, Prague 8, Czech Republic, Identification No.: 04909577, VAT No.: CZ04909577, entered in the Commercial Register kept by the Registry Court in Prague, Section C, File 255520. The Seller is a VAT payer in the Czech Republic. (hereinafter the “Seller”)

These Terms and Conditions govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) via the Seller’s online store.

1.2. These Terms and Conditions shall not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, within the scope of their business activity or within the scope of their independent profession.

1.3. Deviating provisions from these Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language. These Terms and Conditions and the Website have been translated into other languages; however, the Czech version is the original and legally binding version. All other language versions are translations for informational purposes only. If any discrepancy arises between the original Czech Terms and Conditions and any other translation, the original Czech version shall prevail.

1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

1.6. The trade brand Buka Jewelry® is a trademark registered in the EU. The right to use it belongs exclusively to those companies representing this trade brand and expressly listed in Clause 1.1 of these Terms and Conditions.

1.7. Under the trade brand Buka Jewelry®, the Seller sells goods of the following types: jewellery, gift packaging, jewellery components, and also provides services related to the transport of goods, repairs, cleaning, and bespoke/custom-made jewellery production.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer may order goods (hereinafter the “User Account”). If the Online Store Interface allows, the Buyer may also order goods without registration directly via the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is obliged to update the information stated in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer does not use their User Account for more than 365 days, or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third parties’ hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. Any presentation of goods placed in the Online Store Interface is for informational purposes only and the Seller is not obliged to conclude a Purchase Agreement in respect of such goods. Section 1732(2) of the Civil Code of the Czech Republic shall not apply.

3.2. The Online Store Interface contains information about goods, including the prices of individual goods and the costs of returning goods if, by their nature, such goods cannot be returned by ordinary postal means. Prices of goods are stated including value added tax and all related fees. Prices of goods remain valid for the period during which they are displayed in the Online Store Interface. Prices of goods are/are not adjusted to the person of the Buyer based on automated decision-making. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

3.3. The Online Store Interface also contains information on the costs associated with packaging and delivery of goods, and on the method and time of delivery of goods. Information on the costs associated with packaging and delivery of goods stated in the Online Store Interface applies only in cases where goods are delivered within the territory of the Czech Republic, Slovakia, Hungary, Romania, Poland, Germany, and Austria. If the Seller offers free delivery, the Buyer’s entitlement to free delivery is conditional upon payment of the minimum total purchase price of the delivered goods in the amount set out in the Online Store Interface. If the Buyer partially withdraws from the Purchase Agreement and the total purchase price of the goods in respect of which the Buyer has not withdrawn does not reach the minimum amount required for the entitlement to free delivery pursuant to the preceding sentence, the Buyer’s entitlement to free delivery shall cease and the Buyer shall be obliged to pay the delivery costs to the Seller.

3.4. To order goods, the Buyer fills in the order form in the Online Store Interface. The order form contains, in particular, information about:

3.4.1. the ordered goods (the Buyer “puts” the ordered goods into the electronic shopping cart of the Online Store Interface),

3.4.2. the method of payment of the purchase price of the goods, information about the requested method of delivery of the ordered goods, and

3.4.3. information about the costs associated with delivery of the goods (hereinafter collectively the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data the Buyer entered into the Order, also with regard to the Buyer’s ability to detect and correct errors arising when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “Submit Order” button. The data stated in the Order is considered correct by the Seller. The Seller confirms receipt of the Order to the Buyer without undue delay by electronic mail to the Buyer’s email address stated in the user interface or in the Order (hereinafter the “Buyer’s Email Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated delivery costs), to request additional confirmation of the Order from the Buyer (for example in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), sent by the Seller to the Buyer by electronic mail to the Buyer’s Email Address.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with concluding the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the basic rate.

3.9. If the Buyer is a wholesale customer and partner of the Seller and receives the product list from the Seller in data form, the Buyer is obliged to update the received data that the Buyer publishes on their side (e-shop, websites, or elsewhere) at least once per day. The Seller undertakes to provide only online data in the data channel, i.e., all changes made will be reflected in the data channel (feed) immediately after the change is made on the Seller’s website. The wholesale customer concludes the Purchase Agreement with the Seller according to Clause 3 of these Terms and Conditions and pays the price available to them in the portal’s web interface. If discrepancies occur in the received data compared to the data stated in the portal’s web interface (prices, images, product parameters), the data stated in the portal’s web interface shall always prevail.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of goods and any costs associated with delivery of goods under the Purchase Agreement to the Seller in the following ways:

in cash on delivery at the place specified by the Buyer in the Order;

– in cash on delivery at the place specified by the Buyer in the Order;
– by bank transfer to the Seller’s account stated on the Order or invoice (hereinafter the “Seller’s Account”);
– via an online payment system;
– by payment card.

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes costs associated with delivery.

4.3. The Seller does not require any deposit or other similar payment from the Buyer. This does not affect Clause 4.6 of these Terms and Conditions concerning the obligation to pay the purchase price of goods in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within seven days from the conclusion of the Purchase Agreement.

4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with stating the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.

4.6. The Seller is entitled, especially if the Buyer fails to additionally confirm the Order (Clause 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer may not be combined.

4.8. If customary in business practice or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document – an invoice – regarding payments made under the Purchase Agreement. The Seller shall issue the tax document – invoice – to the Buyer after payment of the price of goods and shall send it in electronic form to the Buyer’s Email Address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of:

5.1.1. goods manufactured according to the Buyer’s requirements or customized to the Buyer’s personal needs,

5.1.2. goods subject to rapid deterioration, goods with a short shelf life, as well as goods which, after delivery, have been irreversibly mixed with other goods due to their nature,

5.1.3. goods in sealed packaging which, for health protection or hygiene reasons, are not suitable for return after the Buyer has broken the seal, and

5.1.4. audio or video recordings or computer software in sealed packaging if the Buyer has broken the seal.

5.2. Unless this is a case referred to in Clause 5.1 of these Terms and Conditions or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) and (2) of the Civil Code within fourteen (14) days from the date on which the Buyer, or a third party designated by the Buyer other than the carrier, takes delivery of the goods, or:

5.2.1. the last item, if the Buyer orders multiple items within one Order that are delivered separately,

5.2.2. the last item or part of a delivery consisting of several items or parts, or

5.2.3. the first delivery of goods, if the contract provides for regular delivery of goods for an agreed period.

5.3. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Clause 5.2 of these Terms and Conditions. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions. Withdrawal from the Purchase Agreement may be sent, among other ways, to the Seller’s premises address or to the Seller’s email address [email protected]. A sample withdrawal form can be found below on the page.

5.4. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the outset. The Buyer shall send or hand over the goods back to the Seller without undue delay, no later than within fourteen (14) days from withdrawal, unless the Seller has offered to collect the goods themselves. The time limit pursuant to the preceding sentence is met if the Buyer dispatches the goods before the expiry of the period. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

5.5. In the event of withdrawal from the Purchase Agreement pursuant to Clause 5.2 of these Terms and Conditions, the Seller shall refund the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to refund the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the funds received before the Seller receives the goods, or before the Buyer proves that the goods were dispatched back, whichever occurs first.

5.6. The buyer is liable for any reduction in the value of the returned goods if they have handled them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. If the returned goods show signs of use, wear, damage or any other diminution in value beyond normal inspection, the seller reserves the right to reduce the refunded amount by an amount corresponding to the reduction in the value of the goods. The seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the buyer’s claim for reimbursement of the purchase price.

5.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are taken over by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.

5.8. If a gift is provided to the Buyer together with the goods, a gift agreement is concluded between the Seller and the Buyer with a resolutory condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement in respect of such gift becomes ineffective and the Buyer is obliged to return the gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on a specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to report these to the carrier without delay. If a breach of the packaging is found indicating unauthorized entry into the shipment, the Buyer may refuse to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties in relation to transport of goods may be governed by special delivery terms of the Seller, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

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

7.2. If the subject of purchase is a tangible movable item that is connected with digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter an “Item with Digital Features”), the provisions on the Seller’s liability for defects shall also apply to the provision of digital content or a digital content service, even if provided by a third party. This shall not apply if it is apparent from the content of the Purchase Agreement and from the nature of the item that they are provided separately.

7.3. The Seller is liable to the Buyer that the item has no defects upon taking over. In particular, the Seller is liable to the Buyer that the item:

7.3.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed features,

7.3.2. is fit for the purpose for which the Buyer requires it and to which the Seller has agreed, and

7.3.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

7.4. The Seller is further liable to the Buyer that, in addition to the agreed features, the item:

7.4.1. is fit for the purpose for which items of this type are usually used, also with regard to rights of third parties, legal regulations, technical standards or codes of conduct of the industry, where there are no technical standards,

7.4.2. in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of items of the same type that the Buyer may reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling, unless the Seller proves that they were not aware of it or that it had been modified at the time of conclusion of the Purchase Agreement in at least a comparable manner to that in which it was made, or that it could not have influenced the decision to purchase,

7.4.3. is supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Buyer may reasonably expect, and

7.4.4. corresponds in quality or design to a sample or model provided by the Seller to the Buyer prior to conclusion of the Purchase Agreement.

7.5. Clause 7.4 of these Terms and Conditions shall not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that a certain feature of the item differs and the Buyer expressly agreed to this when concluding the Purchase Agreement.

7.6. The Seller is also liable to the Buyer for a defect caused by improper assembly or installation that was carried out by the Seller or under the Seller’s responsibility under the Purchase Agreement. This also applies if the assembly or installation was carried out by the Buyer and the defect occurred as a result of a deficiency in the instructions provided by the Seller or the provider of digital content or digital content services, in the case of an Item with Digital Features.

7.7. If a defect becomes apparent within one year from taking over, it is presumed that the item was defective already upon taking over, unless the nature of the item or the defect precludes this. This period does not run for the time during which the Buyer cannot use the item, provided the Buyer has rightfully raised the defect.

7.8. If the subject of purchase is an Item with Digital Features, the Seller shall ensure that the agreed updates of digital content or digital content services are provided to the Buyer. In addition to the agreed updates, the Seller shall ensure that updates necessary for the item to retain the characteristics under Clauses 7.3 and 7.4 after taking over are provided to the Buyer and that the Buyer is informed of their availability

7.8.1. for a period of two years, if digital content or digital content services are to be provided continuously for a certain period under the Purchase Agreement; if provision for longer than two years is agreed, for the entire period,

7.8.2. for as long as the Buyer may reasonably expect, if digital content or digital content services are to be provided as a one-off; this shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content services and with regard to the circumstances at the time of conclusion of the Purchase Agreement and the nature of the obligation.

7.9. Clause 7.8 of these Terms and Conditions shall not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that updates will not be provided and the Buyer expressly agreed to this when concluding the Purchase Agreement.

7.10. If the Buyer does not install an update within a reasonable time, the Buyer shall have no rights arising from a defect that occurred solely as a result of the missing update. This does not apply if the Buyer was not informed of the update or the consequences of not installing it, or if the Buyer did not install it or installed it incorrectly due to a deficiency in the instructions. If digital content or digital content services are to be provided continuously for a certain period under the Purchase Agreement and a defect appears or occurs during the period under Clauses 7.8.1 and 7.8.2, it is presumed that the digital content or digital content services are provided defectively.

7.11. The Buyer may raise a defect that becomes apparent on the item within two years from taking over. If the subject of purchase is an Item with Digital Features and digital content or digital content services are to be provided continuously for a certain period under the Purchase Agreement, the Buyer may raise a defect that occurs or becomes apparent on them within two years from taking over. If performance is to be provided for longer than two years, the Buyer has rights arising from a defect that occurs or becomes apparent during that period. If the Buyer rightfully raised a defect to the Seller, the period for raising a defect of the item does not run for the time during which the Buyer cannot use the item.

7.12. If the item has a defect, the Buyer may request its removal. At the Buyer’s choice, the Buyer may request delivery of a new item without defects or repair of the item, unless the chosen method of removal of the defect is impossible or, compared to the other method, disproportionately costly; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect.

7.13. The Seller shall remove the defect within a reasonable time after it is raised so as not to cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased it. The Seller shall take over the item at its own cost for the purpose of removing the defect. If this requires disassembly of an item that was assembled in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall disassemble the defective item and assemble the repaired or new item, or reimburse the related costs.

7.14. The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if:

7.14.1. the Seller refused to remove the defect or did not remove it in accordance with Clause 7.13 of these Terms and Conditions,

7.14.2. the defect appears repeatedly,

7.14.3. the defect constitutes a material breach of the Purchase Agreement, or

7.14.4. it is apparent from the Seller’s statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.

7.15. If the defect is insignificant, the Buyer may not withdraw from the Purchase Agreement (within the meaning of Clause 7.14 of these Terms and Conditions); it is presumed that a defect is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that the item has been dispatched, whichever occurs first.

7.16. The defect may be raised with the Seller from whom the item was purchased. However, if another person is designated to carry out the repair, located at the Seller’s premises or at a place closer for the Buyer, the Buyer shall raise the defect with the person designated to carry out the repair.

7.17. With the exception of cases where another person is designated to carry out the repair, the Seller is obliged to accept complaints in any establishment where acceptance of complaints is possible with regard to the assortment of products sold or services provided, or at its registered office. The Seller is obliged to provide the Buyer with written confirmation when a complaint is raised, stating the date on which the Buyer raised the complaint, what its content is, what method of handling the complaint the Buyer requests, and the Buyer’s contact details for the purposes of providing information on the handling of the complaint. This obligation also applies to other persons designated to carry out the repair.

7.18. Complaints, including removal of the defect, must be handled and the Buyer must be informed no later than within thirty (30) days from the date the complaint is raised, unless the Seller and the Buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be handled within a reasonable time taking into account the nature of the digital content or digital content service and the purpose for which the Buyer requested it.

7.19. After the ineffective expiry of the period under Clause 7.18 of these Terms and Conditions, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount.

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

7.21. The Buyer may exercise rights arising from liability for defects of goods, in particular, in person at Ke Stírce 338/51, 18200, Prague 8, by phone at +420222521251 or by email at: [email protected].

7.22. A person who has rights arising from defective performance is also entitled to reimbursement of reasonably incurred costs in exercising this right. However, if the Buyer does not exercise the right to reimbursement within one month after the expiry of the period within which the defect must be raised, the court will not grant the right if the Seller objects that the right to reimbursement was not exercised in time.

7.23. Further rights and obligations of the parties related to the Seller’s liability for defects may be set out in the Seller’s complaints procedure.

7.24. The Seller or another person may provide the Buyer, beyond their statutory rights arising from defective performance, with a quality guarantee.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price.

8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The Seller handles consumer complaints via email. Complaints may be sent to the Seller’s email address. The Seller will send information on the handling of the Buyer’s complaint to the Buyer’s Email Address. No other complaint-handling rules are established by the Seller.

8.4. If a consumer dispute arises between the Seller and the Buyer – consumer – from the Purchase Agreement that cannot be resolved amicably, the consumer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority (ČOI), Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869. Detailed information on out-of-court resolution of consumer disputes is available at:
https://coi.gov.cz/informace-o-adr/

8.5. The European Commission has established a new digital tool providing information on out-of-court consumer dispute resolution options within the European Union, Norway, Iceland and Liechtenstein. Complaints can no longer be submitted via this tool; it serves only as an information interface and a list of ADR entities. This tool is available at: https://consumer-redress.ec.europa.eu/

8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade licensing office within its scope of competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within the defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other things.

8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, negotiations of the Purchase Agreement and the fulfilment of the Seller’s public law obligations, through a separate document.

10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

10.1. The Buyer agrees to receive information related to the goods, services or the Seller’s business to the Buyer’s Email Address and further agrees to receive commercial communications from the Seller to the Buyer’s Email Address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer’s personal data for the purpose of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If a 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 under the preceding sentence at any time.

11. DELIVERY

11.1. The Buyer may be served to the Buyer’s Email Address.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law under the preceding sentence, the Buyer who is a consumer is not deprived of the protection afforded to them by provisions of the legal order from which it is not possible to contractually deviate and which would otherwise apply in the absence of a choice of law pursuant to 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).

12.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, the invalid provisions 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 remaining provisions. Amendments and supplements to the Purchase Agreement or these Terms and Conditions must be made in writing.

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

12.4. An annex to these Terms and Conditions is the model form for withdrawal from the Purchase Agreement.

12.5. Seller’s contact details:

For customers of the Website (online shop) as well as customers of the brick-and-mortar store in Prague: Buka Jewelry, s.r.o., Ke Stírce 338/51, 182 00, Prague 8, email: [email protected], phone: +420 222 521 250.