General Terms and Conditions

I.

INITIAL PROVISIONS INCLUDING DEFINITION OF TERMS

  1. These General Terms and Conditions (hereinafter the “T&C”) of the company ALOVE on-line, s.r.o., company ID No. 053 15 271, with its registered office at Na Maninách 1040/14, Prague 7 - Holešovice, postal code 170 00, the Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 261726, incorporated under the laws of the Czech Republic (hereinafter the “Seller”) are an integral part of the purchase contract concluded between the Seller and another person – the customer (hereinafter the “Customer”) governed by these T&C (hereinafter the “Purchase Contract”). The T&C govern mutual rights and obligations of the contracting parties arising from the concluding of the Purchase Contract through the online shop at www.alo-ve.com (hereinafter the “ALOve Online Shop”).
  2. Various diamond jewellery products and goods (hereinafter the “Product” or “Products” in plural) are offered via the ALOve Online Shop by the Seller.
  3. The T&C applies to all Purchase Contracts concluded with the Seller's Customers, both consumers and entrepreneurs (legal entities and physical persons) acting within their business activity.
  4. The Customer expresses its consent with the T&C during the ordering process of the Product. The Seller is entitled to conclude the Purchase Contract under completely individual conditions agreed with the particular Customer, if desired. In the event of a conflict between the Purchase Contract and the T&C, the provisions of the Purchase Contract shall prevail. The Purchase Contract and the T&C are written in the English language and governed by the law of the Czech Republic; this does not affect the consumer’s rights arising from generally binding legal regulations.
  5. The T&C may be amended unilaterally by the Seller. The amendment to the T&C becomes effective on the day of its release on the ALOve Online Shop. The Customer takes this fact into account and acknowledges it by concluding the Purchase Contract with the Seller. The T&C amendment does not impact any rights and obligations arising from the previous T&C applicable at that time for the Purchase Contract made in past.

II.

PURCHASE CONTRACT

  1. The ALOve Online Shop allows the Customers to select Products especially by:
    • the type of jewellery;
    • the special occasion for which the Product is meant to be;
    • the Product collection;
  2. the Customer specifies the particular Product in the Order he/she intends to buy.
  3. The Customer may order the required Product via the ALOve Online Shop and conclude the Purchase Contract with the Seller by filling in the order form at the ALOve Online Shop (hereinafter the “Order”).
  4. The Customer makes the Order via the order form in the ALOve Online Shop. To execute the Order, it is always necessary to select the required Product the Customer intends to buy and to fill in all data and information required by the Seller in the order form.
  5. During the ordering process the Customer declares his/her will to conclude the Purchase Contract and the will to be bound by these T&C.
  6. The Seller is not obliged to conclude the Purchase Contract with any Customer at its own discretion, especially if the Customer violated the Purchase Contract and/or these T&C in the past.
  7. The acceptation of the Order with an amendment or a variation pursuant is excluded.
  8. Before sending the Order to the Seller via the online form, the Customer is obliged to carefully check all data and information stated in the Order. The Order contains especially data and information about (a) the ordered Product, (b) purchase price of the Product including the selected payment method, (c) method of delivery of the Product and costs related to the Product delivery, (d) applicable and effective wording of T&C and the Privacy Policy document. The Customer is fully responsible for providing the Seller with up to date and correct information and data. The data entered by the Customer in the Order are considered correct and complete by the Seller.
  9. If the Customer wishes the Seller to deliver the Product to the third party (hereinafter the “Recipient”), the Customer is also obliged to fill in the Recipient’s name, surname, delivery address and phone number in the Order.
  10. The Customer bindingly confirms the Order and sends it to the Seller by clicking the “Order and pay” button. The Seller sends the Customer the acceptation of the Order via e-mail stated in the Order (hereinafter the “Customer’s E-mail Address”), by sending of such acceptance, the Purchase Contract is concluded between the Seller and the Customer.1
  11. The Customer acknowledges that the Seller is always allowed to contact the Customer in relation with the Order and/or the Purchase Contract, either using the Customer’s E-mail Address or by phone.
  12. The Customer agrees with using of remote communication means. The Customer’s costs for the remote communication means in relation with the Purchase Contract (expenses for the Internet connection, expenses for phone calls) shall be borne by the Customer and the costs do not differ from standard tariff of the Customer.
  13. The Seller is not obliged to accept any Order which does not contain all necessary information and/or meet the conditions of the T&C. The Seller is, at its own discretion, entitled to contact the Customer and to request the correction or amendment of such Order. The Customer is obliged to perform the request changes and/or amendments within 5 days of the day the notice was sent to the Customer by the Seller. If the Order is not corrected or amended within the specified date, it is considered as invalid and the Seller cancels such Order.

III.

PRODUCT PRICES, PAYMENT TERMS

  1. The displayed purchase price for the Product includes the value added tax (VAT) in the rate according to the applicable and effective legal regulations.
  2. The displayed price always includes the costs of shipping and delivery of the Product.
  3. If the purchase price is obviously displayed and/or stated as unusually low, the Seller is not obliged to deliver the Product for such a low price. If the Purchase Contract has already been concluded with unusually low price, the Seller is entitled to withdraw from the Purchase Contract.
  4. The agreed purchase price may be paid by the Customer via:
    • cashless bank transfer to the Seller's bank account IBAN: CZ9608000000000008309942. The account is kept by the Czech bank Česká spořitelna, a.s., Olbrachtova 1929/62, 140 00 Prague 4, the Czech Republic.
    • cashless by a payment card, quick transfer and Google Pay using the PayU payment gateway.
  5. The price is considered to be paid at the moment the amount is credited to the Seller’s account. The Order shall be arranged and sent after the payment has paid.
  6. In the case of a cashless payment via a bank transfer to the Seller’s account, the Customer is obliged to make the payment to the Seller’s account stated in the confirmation of the Order and to use the variable symbol to specify the Order that is stated in the Order confirmation as well, the price is due within five (5) days from the Purchase Contract was concluded.
  7. The Customer acknowledges and agrees that in case of a delay with the price payment, the Seller is entitled to withdraw from the Purchase Contract anytime starting on the first day of the delay and the Order may be cancelled by the Seller as well. The Seller is obliged to inform the Customer of the withdrawal and/or the cancellation of the Order via the Customer’s E-mail Address.
  8. The Seller shall issue a tax document – an invoice to each paid purchase price for the Product. The Seller is a value added tax (VAT) payer. The tax document – the invoice is sent by the Seller to the Customer with the Order confirmation.
  9. Possible discounts to Products offered by the Seller cannot be combined, unless expressly specified by the Seller.

IV.

DELIVERY AND SHIPMENT TERMS

  1. The shipment and delivery of the Products to the Customer is performed by the courier. The Product is delivered to the address stated in the Order. The costs of shipping and delivery of Products shall be borne by the Seller, unless specified otherwise in the Purchase Contract.
  2. The Product shall be sent to the Customer or to the Recipient within 3-6 working days from the moment the price is credited to the Seller’s account.
  3. The Customer should take over the Product on delivery. If the Customer does not take over the Product, it will be considered as the withdrawal from the Purchase Contract and the Seller is entitled to request costs for delivery the Product to the Customer.
  4. At the takeover, the Customer or the Recipient should check the Product packaging for any damage or deformation and inform the courier of any identified defect ant write a report of the damage if needed. The Customer is not obliged to take over the Product in case of a damaged packaging.
  5. Further special rights and obligations in relation to the shipment and delivery of the Products may be specified directly by the courier.
  6. The Customer acknowledges that in extraordinary cases, the Seller is entitled not to deliver the ordered Product to the Customer or the Recipient, especially in case of occurrence of technical errors within the ALOve Online Shop related to the specification of the Product, price, the Product availability etc. In such extraordinary cases, the Seller immediately returns the price to the Customer if it has been paid.

V.

RIGHTS AND DUTIES OF CONTRACTING PARTIES

  1. Any messages of the Customer or potential complaints may be sent by the Customer to the Seller to the Seller’s e-mail address info@alo-ve.com. The Seller shall send a reply to the Customer’s message or the processed Customer’s complaint to the Customer’s E-mail Address.
  2. Out-of-court solution of customer dispute from the Purchase Contract shall be taken by respective Inspection Authority:
    • for the France the respective authority is the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF), website https://www.economie.gouv.fr/. In case of a dispute between the Seller and the Customer from the Purchase Contract, it is also possible to use the Online Dispute Resolution platform at the website https://www.economie.gouv.fr/contact/contacter-la-dgccrf?dest=particulier.
    • for the Poland the respective authority is Urząd Ochrony Konkurencji i Konsumentów with its registered address plac Powstańców Warszawy 1, 00-950 Warszawa, Poland, website www.uokik.gov.pl. In case of a dispute between the Seller and the Customer from the Purchase Contract, it is also possible to use the Online Dispute Resolution platform at the website http://ec.europa.eu/consumers/odr.
    • for the Germany the respective authority is Außergerichtliche Streitbeilegungsstelle für Verbraucher u. Unternehmer e.V. with its registered address at Gohliser Str. 6, 04105 Leipzig, Germany, website www.streitbeilegungsstelle.org/ In case of a dispute between the Seller and the Customer from the Purchase Contract, it is also possible to use the Online Dispute Resolution platform at the website https://www.streitbeilegungsstelle.org/19-apr-contform/antrag-stellen/.
    • for the Italy the respective authority is Ministry of Economic Development with its registered office at Via Molise 2, 00187 Rome, Italy, website www.mise.gov.it. In case of a dispute between the Seller and the Customer from the Purchase Contract, it is also possible to use the Online Dispute Resolution platform at the website http://ec.europa.eu/consumers/odr.
  3. European Consumer Centre Czech Republic, with the seat at Praha 2, Štěpánská 567/15, postal code 120 00, website http://www.evropskyspotrebitel.cz, is a contact point pursuant to 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 ODR).
  4. The Seller is authorized to sell the Products on the basis of his Czech trade licence.

VI.

WARRANTY COMPLAINTS

  1. The Seller is responsible to the Customer that the Product is free of defects upon receipt. The Seller is especially responsible to the Customer that at the time when the Customer or the Recipient takes over the Product from the courier:
    • the Product has the properties agreed in the Purchase Contract; if such provisions are missing, that such properties that were described by the Seller or that the Customer expected in relation to the nature of the Product and based on the advertisement for the Product; the Customer acknowledges that the Products displayed in the ALOve Online Shop Website Interface are illustrative;
    • the Product suits the purpose that was mentioned and/or described by the Seller or for which the Product is of this kind usually used;
    • the Product is in appropriate quantity, dimensions or weight;
    • the Product complies with legal regulations.
  2. If the Customer is a consumer, the Seller is responsible for the defects occurred within 24 months from the delivery. If the defects appears within 24 months from the delivery, it is considered defective already at the moment of delivery.
  3. In case the purchase price of the Product was lowered because of the defect, the Seller is not responsible for such a defect for which the lower purchase price was stipulated. Nevertheless, the Seller is responsible to the Customer for other defects of the Product.
  4. The Customers shall send the complaint and the defective Product to the Seller’s address ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00, the Czech Republic (or Germany: Packeta.de, Return shipment code: 94320371, Schloßplatz 2, 086 48 Bad Brambach; France: Packeta International – 967337, Return shipment code: 94320371, c/o Asendia Germany, Rue Ettore BUGATTI, PFC Erstein, ZI Ouest – BP 110, 67119 Erstein Cédex; Italy: PACKETA INT./GLS TRIESTE, Return shipment code: 94320371, Via Edgardo Morpurgo 8, 34147 Trieste TS; Poland: Przesyłkownia.pl, Return shipment code: 94320371, Mostowa 4, 43–400 Cieszyn). The warranty claim may be send via e-mail as well. The Customer may claim his/her rights from the defective performance by filling in a claim form that can be downloaded HERE.
  5. The complaint must contain at least:
    • the contact information of the Customer;
    • a proof of the purchasing of the Product (preferably the receipt).
  6. If the Customer is a consumer, the Seller sends him a delivery confirmation of the complaint – a complaint report. The complaint report contains information regarding the date of the complaint, the content of the complaint, the request of the complaint solution.
  7. The Product must be shipped clean and complete and it should be packed very well to prevent damage during shipping. If the Product is shipped neither clean nor complete, the Seller is entitled to send the Product back to the Customer; the Customer bears the cost of returning the Product back to the Seller.
  8. If the warranty claim is justified, the warranty period does not run for the period during which the Customer may not use the Product.
  9. The warranty and claims for defect liability do not apply in case:
    • the wear and tear of the Product caused by its normal use;
    • the defect of the used Product corresponds to the extent of use of the Product or its wear and tear upon takeover by the Customer;
    • the defect follows the nature of the Product.
  10. If a defective performance constitutes a fundamental breach of the Purchase Contract, the Customer has the right to:
    • have the defect removed by having a new defect-free Product or a missing part of the Product or the whole Product supplied;
    • the removal of the defect by having the Product repaired;
    • a reasonable reduction of the purchase price; or
    • withdraw from the Purchase Contract.
  11. A breach of the Purchase Contract is considered fundamental if the party breaching the Purchase Contract known about the breach already at the moment the Purchase Contract was concluded or if the party breaching the Purchase Contract assumed or should assume that the other party would not conclude the Purchase Contract if the breach of the Purchase Contract was predictable.
  12. If a defective performance constitutes a non-fundamental breach of the Purchase Contract, the Customer has the right to:
    • have the defects removed;
    • reasonable reduction of the purchase price.
  13. If the removable defect occurs repetitively (usually after the third complaint for the same defect or the forth complaint for different defects of the Product) or the Product has more defects, the Customer is entitled to withdraw from the Purchase Contract.
  14. The Customer shall notify the Seller of the right he has chosen. The Customer may not change the choice made without the consent of the Seller; this does not apply if the Customer requested the repair of a defect which proves to be irreparable. If the Customer does not make the choice within a reasonable time, he/she has the same rights as in the case of non-fundamental breach of the Purchase Contract.
  15. If it is not possible to repair or exchange the Product, the Customer may withdraw from the Purchase Contract.
  16. If the Seller proves the Customer knows about the defect before delivery and/or caused the defect him/herself, the Seller is not obliged to recognize the claim.
  17. An obstacle caused by force majeure is not considered to be a defect in performance.
  18. The Seller processes the claim not later than thirty (30) days within the day of the claim application or of the moment when the Seller received the claimed Product from the Customer. The Seller and the Customer may agree on a longer period in writing. After this period ends, the Customer has the same rights as in the case of a fundamental breach of the Purchase Contract. The Seller sends the Customer an electronic confirmation of the date and method of handling the complaint, confirmation of the repair and the duration of the complaint, or justification for rejecting the complaint.
  19. If the Customer is a consumer, the Seller refunds the Customer the costs for the complaint (please note that the Seller will refund for the lowest possible costs). It is necessary to ask the Seller for the refund of these costs without undue delay, no later than one month from the end of the deadline for making a claim. The entrepreneurs do not have a right for such refund.
  20. Further rights and duties of contracting parties may be specified in the warranty claim rules of the Seller.

VII.

WITHDRAWAL FROM PURCHASE CONTRACT

  1. The Customer has the right to withdraw from the Purchase Contract concluded via the Internet or e-mail within 14 days of receipt of the Product without giving reason.
  2. The Customer acknowledges that is not possible to withdraw from the Purchase Contract for a Product that has been modified based on the Customer’s wish or for his/her person. Engraving is considered a modification based on the Customer's wish.
  3. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in art. VII.1 of the T&C to the e-mail address info@alo-ve.com or postal address ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00, the Czech Republic. To withdraw from the Purchase Contract, the Customer may use the Form of Purchase Contract Withdrawal that can be downloaded HERE.
  4. In case of a due withdrawal from Purchase Contract, the Purchase Contract ceases to exist and the Customer is obliged to return the respective Product to the Seller not later than within fourteen (14) days from the day of withdrawal from Purchase Contract, where the deadline is met by sending the respective Product to the Seller's address: ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00 (or Germany: Packeta.de, Return shipment code: 94320371, Schloßplatz 2, 086 48 Bad Brambach; France: Packeta International – 967337, Return shipment code: 94320371, c/o Asendia Germany, Rue Ettore BUGATTI, PFC Erstein, ZI Ouest – BP 110, 67119 Erstein Cédex; Italy: PACKETA INT./GLS TRIESTE, Return shipment code: 94320371, Via Edgardo Morpurgo 8, 34147 Trieste TS; Poland: Przesyłkownia.pl, Return shipment code: 94320371, Mostowa 4, 43–400 Cieszyn).
  5. Within 14 days of withdrawal from the Purchase Contract, the Seller refunds the amount corresponding to the price of the Product and the cost of delivery, in the same manner as the Seller received the payment from the Customer. However, the Customer needs to send the Seller or hand over the purchased Product within the same time limit. The Product must be returned complete, preferably in the original packaging, and must not show signs of wear or damage. The Seller has the right, within the above-mentioned period, to assess whether the returned Products are undamaged, intact and unused, and whether the Customer has caused any loss of value to the Product in any manner other than necessary due to the nature and properties of the Product. The Customer bears the cost of returning the Products back to the Seller.
  6. If the Customer returns the Product that is damaged as a result of the Customer’s misuse, the Seller may reduce the refunded purchase price by an amount that corresponds to the damage to the Product.
  7. The Seller reserves the right to withdraw from the Purchase Contract in the case that the information related to the Products or to the Product Price stated in ALOve Online Shop were changed by a third person without the Seller’s knowledge, or when the stock of the Seller does not allow for due performance of the Purchase Contract.
  8. The Customer acknowledges and agrees that if a present is given (provided) to the Customer with the Product, the Customer is obliged to return such a present (gift) as well if he/she withdraws from the Purchase Contract. A non-returned gift in the sense of the previous sentence of this article of the T&C is considered an unjust enrichment of the Customer.

VIII.

EXCHANGE

  1. The Product may be exchanged for another Product in the same or higher price within fourteen (14) days from its takeover by the Customer. To exchange the Product, the Customer may use the Exchange Form that may be downloaded HERE. The possible price difference shall be paid by the Customer by a bank transfer to the Seller’s account.
  2. In case of an exchange for goods of a lower value, the Customer shall withdraw the Purchase Contract and order the new and desired Product.
  3. When returning the piece of jewellery, the Customer shall follow the same instructions applicable for the withdrawal from the Purchase Contract (art. VII. of these T&C).
  4. The Customer acknowledges and agrees that the exchange cannot be made in case the Product has been modified based on the Customer’s wish or for his/her person.

IX.

MODIFICATION

  1. The Seller gives the Customer a possibility to modify the Product bought in ALOve Online Shop. In this case, the Customer shall first contact the Seller at his e-mail address info@alo-ve.com or the Customer may use the Modification Form that can be downloaded HERE.
  2. Based on an agreement with the Seller, the Customer sends the respective Product to the postal address of the Seller on own cost. ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00 or other addresses according to the art. VII. section 4 of these T&C.
  3. The Seller informs the Customer about the price for the modification. Based on an agreement between the Seller and the Customer, the Seller issues a tax document (invoice) that shall be paid by the Customer cashless to the Seller’s bank account IBAN: CZ9608000000000008309942.
  4. When the price for the modification has been paid successfully, the respective and modified Product shall be sent immediately to the Customer’s postal address.
  5. Once the modification is made the Customers does not have the right to exchange the Product nor to withdraw from the Purchase Contract.
  6. In case of any defects or warranty claims regarding the modification, the Article VI. T&C shall apply similarly.

X.

FINAL PROVISIONS

  1. By acceptance of these T&C, the Customer acknowledges that all images in the ALOve Online Shop are copyrighted, and the Seller is ready and entitled to protect these copyrighted images and to take all necessary legal actions in case of any unauthorised use.
  2. If any provision of the T&C or the Purchase Contract becomes invalid, illegal or unenforceable, this will apply only on the given provision and only to the scope of this invalidity, illegality and unenforceability without any impact on the validity, legality and enforceability of the remaining provisions of the T&C and the Purchase Contract. The contracting parties are obliged to replace this invalid, illegal or unenforceable provision of the T&C and/or the Purchase Contract with a valid, legal and enforceable provision with the identical or at least similar meaning so that the intent of the contracting parties are not impacted or impacted as little as possible by this change of the T&C or the Purchase Contract.
  3. The international relationships between the Seller and the Customer are governed by the laws of the Czech Republic. The venue for any disputes is Prague; this does not affect the consumer’s rights arising from generally binding legal regulations.
  4. The form for withdrawal from the Purchase Contract is attached to T&C and makes their integral part.
  5. If ALOve Online Shop contains links to other Internet sites, the Seller expressly declares that it has no influence on the design and content of the linked sites. This declaration applies to all displayed links and all contents of the sites the links lead to.
  6. The Customer declares that he/she has read these T&C, considers them understandable and agrees with them.
  7. The Customer is aware of the fact that the T&C and the Privacy Policy, both in valid and effective wording, are anytime available at the ALOve Online Shop www.alo-ve.com.