Terms and conditions

I.

INITIAL PROVISIONS INCLUDING DEFINITION OF TERMS

  1. These General Terms and Conditions (hereinafter “GTC”) of the company ALOVE on-line, s.r.o., company ID 053 15 271, with the principal place of business at Praha 7, Holešovice, Na Maninách 1040/14, postal code 170 00, incorporated in the commercial register of the City Court in Prague, section C, insert 261726 (hereinafter “Seller”), in accordance with art. 1751 of Act No. 89/2012, Civil Code, as amended (hereinafter “OZ”), make an integral part of the purchase contract concluded between the Seller and another person – the customer (hereinafter “Customer”) specified in these GTC (hereinafter “Purchase Contract”), and govern mutual rights and obligations of the contracting parties originated based on or in relation to the Purchase Contract through the Internet shop at www.alove.cz (hereinafter “ALOve E-shop”) and using the interface of the website (hereinafter “Website Interface”).
  2. ALOve E-shop offers products of the Seller, like various diamond jewellery (hereinafter “Product” or “Products” in plural).
  3. A store means a brick-and-mortar store of ALOve brand in the territory of the Czech Republic (hereinafter “Stores” or “Store” in singular).
  4. Customer may mandatorily order the required Products via ALOve E-shop, namely by filling in the order form at the Website Interface of the ALOve E-shop (hereinafter “Order”).
  5. The Seller, through its contractor  Hifour s.r.o.
Sokolovská 694/100a, 186 00 - Praha 8, company ID: 47537841 (hereinafter “Courier”), also assures shipment and delivery of the Products to the Customer or a third party other than the Customer specified in the Order by the Customer (hereinafter “Recipient”). The costs of shipping and delivery of Products are borne by the Seller, unless specified otherwise in the Purchase Contract.
  6. E-shop ALOve allows Customers to select Products especially by:
    • type of jewellery;
    • special occasion for which the Product is intended;
    • collection;

while the Customer specifies the particular Product in the Order he/she intends to buy.

  1. GTC applies to all Seller's Customers excluding legal entities and physical persons - entrepreneurs acting withing their business activity.
  2. The provisions of GTC make an integral part of the Purchase Contract which is acknowledged by the Customer in the Website Interface by sending his/her Order. In the Purchase Contract, the Customer and the Seller may expressly agree on provisions divergent from GTC. If this is the case, the provisions divergent from GTC prevails over the provisions of GTC. The Purchase Contract and GTC are written in the Czech language. The Purchase Contract is concluded in the Czech language.
  3. GTC may be amended unilaterally by the Seller, while the amendment to GTC becomes effective on the day of their release on the ALOve E-shop. The Customer takes this fact into account and acknowledges it by conclusion of the Purchase Contract with the Seller, However, the GTC amendment does not impact any rights and obligations arisen based on the previous GTC applicable at that time.

II.

PURCHASE CONTRACT

  1. To buy a Product from the Seller in the ALOve E-shop, the Customer makes an Order using the ALOve E-shop Website Interface. To execute the Order, it is always necessary to select the required Product the Customer intends to buy, fill in all data required by the Seller in the Order.
  2. By creation of an Order in the ALOve E-shop, the Customers declares his/her agreement and will to conclude a Purchase Contract for delivery of the selected Product to the place of delivery specified in the Order.
  3. The Seller excludes acceptation of an offer with an amendment or a variation pursuant to art. 1740 (3) OZ. In justified cases (e.g. regarding a Customer who has breached the Purchase Contract, GTC or Personal Data Protection principles in the past), the Seller is not obliged to conclude a Purchase Contract for the offered Products with the Customer. Provision of art. 1732 (2) OZ shall not apply.
  4. Before final shipment of the Order to the Customer, the Customer is obliged to carefully check all data stated in the Order. The Order contains especially data on (a) the ordered Product, (b) price of the Product including the selected payment method of the price for the Product, (c) method of delivery of the Product and costs related to the Product delivery, (d) applicable and effective wording of GTC and the Personal Data Protection Principles as of the day of the Order creation. If any information entered by the Customer is incorrect, the Customer is obliged to modify the incorrectly entered information at the ALOve E-shop Website Interface.
  5. If the Customer ask the Seller to deliver the Product to the Recipient, the Customer is also obliged to fill in the Recipient’s name, surname, delivery address and phone number in the Order in ALOve E-shop.
  6. The Customer shall bindingly confirm the Order and send it to the Seller by clicking the “Order” button. The data entered by the Customer in the Order are considered correct and complete by the Seller. After receipt of the Order, the Seller shall immediately confirm its receipt to the Customer by an automatically generated electronic message to the e-mail address of the Customer stated in the Order (hereinafter “Customer’s E-mail Address”).
  7. The Customer is aware of the fact that GTC and the Personal Data Protection Principles, all in valid and effective wording, are anytime available at the web address of the ALOve E-shop www.alove.cz.
  8. The Customer acknowledges that the Seller is always allows to contact the Customer in relation with the Order performance, either using the Customer’s E-mail Address or by phone.
  9. The Customer agrees with using of remote communication means by conclusion of the Purchase Contract with the Seller. The Customer’s costs arisen from the use of the remote communication means in relation with the Purchase Contract conclusion (expenses for the Internet connection, expenses for phone calls) shall be borne by the Customer.
  10. The Seller is not obliged to accept any Order not containing all necessary information and/or not made in accordance with GTC. The Seller, at own discretion, is entitled to invite the Customer to correct or amend such an Order, not later than 5 days from the day when the notice was sent to the Customer. If the Order is not corrected or amended within the specified date, it is considered as never made.

III.

PRODUCT PRICES, PAYMENT TERMS

  1. ALOve E-shop shows each Product with its price included the value added tax (VAT) in the rate according to the applicable and effective legal regulations. The shown prices in the ALOve E-shop remain valid during the whole time of their displaying in the ALOve E-shop, while the Product price confirmed by the Seller in the Order (hereinafter “Product Price”) is binding for the Customer. The Seller is entitled to conclude the Purchase Contract under completely individual conditions agreed with the particular Customer. The Customer is entitled to change the Product Prices unilaterally, while such a change shall not impact any Purchase Contracts concluded before the change.
  2. The Product Price always include the costs of shipping and delivery of the Product to the delivery address stated by the Customer in the Order, and always solely to a delivery address within the territory of the Czech Republic. The Customer acknowledges that delivery of the Products out of the territory of the Czech Republic is not provided by the Seller.
  3. The agreed purchase price that is always equal to the Product Price (hereinafter “Purchase Price”) can be paid by the Customer to the Seller in one of the methods below, as chosen by the Customer in the Order:
    • cashless bank transfer to the Seller's account: 8309862/0800. The account is kept with Česká spořitelna, a.s., Olbrachtova 1929/62, 140 00 Praha 4. The Order shall be arranged and sent after the payment has been credited to the Seller's account;
    • cashless by a payment card, quick transfer and Google Pay using our PayU payment gateway;
    • cash on delivery of a product in a value up to CZK 50,000, cash or payment card depending on the Courier possibilities.
  4. In case of a cashless payment pursuant to art. III.3 (a) GTC, the obligation of the Customer to pay the agreed Purchase Price is fulfilled by the moment of crediting of the respective amount to the Seller's account. In case of a cashless payment by a bank transfer to the Seller’s account, the Customer is obliged to make the payment to the Seller’s account stated in the Seller’s confirmation of the Order pursuant to art. III.9 GTC and to use the variable symbol serving to specify the Order that is stated in the Order confirmation, too. In case of all cashless payments pursuant to art. III.3 (a) GTC, the Purchase Price is payable within five (5) days from the day of conclusion of the Purchase Contract pursuant to art. II.9 GTC. In case of a cashless payment pursuant to art. III.3 (b) GTC, the obligation to pay the agreed Purchase Price is fulfilled by the moment of due Purchase Price payment process through the PayU payment gateway.
  5. In case of cash on delivery (of a Product in a value up to CZK 50,000), the Customer shall pay the Purchase Price on takeover of the Product from the Courier, either in cash or by payment card, depending on the Courier possibilities. In case of cash on delivery, the Purchase Price is payable at the Product takeover.
  6. The Customer acknowledges and agree that in case of a delay with the Purchase Price payment, the Seller is entitled to withdraw from the Purchase Contract anytime starting on the first day of the delay. The Customer acknowledges that if the Customer fails to pay the Purchase Price by the selected method pursuant to art. III.3 (a) GTC within five (5) days from the conclusion of the Purchase Contract pursuant to art. II.9 GTC, the Seller is entitled to cancel the Customer’s Order. The Seller is obliged to inform the Customer of the withdrawal using an electronic message to the Customer’s E-mail Address.
  7. The Seller shall issue a tax document – an invoice to each paid Customer's Order in accordance with the Purchase Contract. The Seller is a value added tax (VAT) payer. The tax document – the invoice shall be sent by the Seller to the Customer within the Order.
  8. 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 shall be delivered to the address stated by the Customer 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 Customer acknowledges that the information on shipment and delivery of the Products stated in the ALOve E-shop Website Interface applies only to the shipment and delivery of Products within the Czech Republic. Products are delivered solely within the territory of the Czech Republic.
  3. In case of cashless payments pursuant to art. III.3 (a), (b), the Product shall be sent to the Customer or to the Recipient within 3 working days from the due receipt of the complete Purchase Price in accordance with the Purchase Contract and GTC.
  4. The Customer is obliged to duly take over the Product on delivery.
  5. At the takeover of the Product from the Courier, the Customer or the Recipient is obliged to check the Product packaging for any damage or deformation and to inform the Courier of any identified defect ant to write a report of the damage. Later claims will not be considered. The Customer is not obliged to take over the Product in case of a damaged Product packaging indicating an unauthorised penetration of the consignment.
  6. Further special rights and obligations in relation to the shipment and delivery of the Products may be specified directly by the Courier. The Customer declares that he/she has been familiarised with such special conditions of the Courier before making the Order.
  7. The title to the Product as well as the risk of damage is transferred to the Customer or to the Recipient at the moment of the Product takeover from the Courier.
  8. 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 E-shop Website Interface related to the specification of the Product, Product Price, Product availability etc. In such extraordinary cases, the Seller shall immediately return the Purchase Price to the Customer if it has been paid.

V.

RIGHTS AND DUTIES OF CONTRACTING PARTIES

  1. The Seller is not bound by any behaviour codes in the sense of provision of art. 1826 (1) (e) OZ towards the Customer.
  2. 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@alove.cz. The Seller shall send a reply to the Customer’s message or the processed Customer’s complaint to the Customer’s E-mail Address.
  3. Out-of-court solution of customer dispute from the Purchase Contract shall be taken by respective Czech Trade Inspection Authority (Česká obchodní inspekce), company ID 000 20 869, with the seat at Praha 2, Štěpánská 567/15, postal code 120 00, website http://www.coi.cz. 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.
  4. 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).
  5. The Customer hereby assumes the risk of change of circumstances pursuant to art. 1765 (2) OZ.

VI.

RIGHTS FROM DEFECTIVE PERFORMANCE

  1. Rights and duties of contracting parties related to the rights from defective performance are governed by relevant provisions of OZ and Act No. 634/1992 on consumer protection, as amended.
  2. The Seller is responsible to the Customer that the Product is free of defects at the takeover. 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 E-Shop Website Interface are illustrative;
    • the Product suits the purpose that was mentioned by the Seller or for which is the product of this kind usually used;
    • the Product is in appropriate quantity, volume or weight;
    • the Product is labelled with the required state assay marks;
    • the Product conforms to requirements of legal regulations.
  3. If the potential defective performance is a significant breach of the Purchase Contract, the Customer has right to
    • rectification of the defect by delivery of a new product without any defect or by delivery of the missing part;
    • rectification of the defect by repair of the product; or
    • withdraw from the Purchase Contract.
  4. In case of a defective performance pursuant to art. VI.3 GTC, the Customer shall inform the Seller what right he/she has chosen at the defect notification or without undue delay after the defect notification. The choice cannot be changed by the Customer without consent of the Seller; this does not apply if the Customer requires to repair a defect that will be found as unrepairable. If the Seller fails to rectify the defects in an appropriate period or if the Seller informs the Customer that the Seller will not rectify the defects, the Customer may require withdrawal from the Purchase Contract instead of the defect rectification. If the Customer fails to choose the right in time, the Customer shall have rights like in case of a minor breach of the contract.
  5. If the defective performance is a minor breach of the Purchase Contract, the Customer has right to rectification of the defect. Until the Customer withdraws from the Purchase Contract, the Seller may deliver what is missing or rectify the legal defect. Other defects may be rectified by the Seller at own discretion by a repair of the product or by delivery of a new product. If the Seller fails to rectify such Product defect in time or reject to rectify the Product defect, the Seller may withdraw from the Purchase Contract. The choice cannot be changed by the Customer without consent of the Seller.
  6. If the Customer fails to inform of the defect without undue delay after the Customer could have identified it at early inspection and sufficient care, the court will not grant the right from defective performance. If a hidden defect is concerned, the same applies if the defect has been notified without undue delay after the Customer could have identified it with sufficient care, however, not later than within two (2) years after delivery of the product.
  7. If the defect occurs within six (6) months from the delivery, it is considered that it was defective already at the delivery. The customer has right to apply the right from the defect of consumer goods that occurs within twenty four (24) months from the delivery. The right from defective performance pursuant to art. 2167 OZ cannot be applied by the Customer (i) for a product sold for a lower price due to the defect for which the lower price was agreed, (ii) for worn products caused by their usual using, (iii) in case of a used product for a defect corresponding to the level of use or wear that the product at the takeover by the Customer, or (iv) if it results from the nature of the product.
  8. The Customer may apply for his/her rights from the defective performance by filling in a claim form that can be downloaded HERE and by its sending by electronic mail to info@alove.cz or by printing and sending together with the claimed Product, its certificate and the order number to ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00.
  9. The Seller recommends always attaching a copy of the Product purchase document to the claimed Product.
  10. Seller's contact data:
    ALOVE on-line, s.r.o., Na Maninách 1040/14, Praha 7, 170 00
    Claim processing is assured by the Seller using the electronic mail address info@alove.cz.
    The current contact data of the Seller will be also always available at the ALOve E-shop Website Interface.
  11. The Seller shall process the claim not later than thirty (30) days from the day of the claim application or from the moment when the Seller receives the claimed Product from the Customer. The Seller may agree on a longer period with the Customer.
  12. The Seller shall issue a written confirmation about the claim processing to the Customer, i.e. when the Customer applied the right, the content of the claim, the requested method of the claim processing, as well as of the date and method of the claim processing, including a confirmation of the repair performance and its duration, or possibly a written justification to the claim rejection. The Customer is informed of the claim processing by an e-mail message sent to the Customer’s E-mail Address.
  13. The Customer acknowledges and agrees that the Products bought in ALOve E-shop cannot be claimed for defective performance personally in the Seller’s Stores.
  14. Further rights and duties of contracting parties may be specified in the claim rules of the Seller.

VII.

WITHDRAWAL FROM PURCHASE CONTRACT

  1. The Customer acknowledges that pursuant to art. 1837 (d) OZ, among others, it 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.
  2. If it is not a Product where art. VII.1 GTC applies, the Customer has right to withdraw from the Purchase contract pursuant to art. 1829 (1) (a) OZ without stating a reason and any penalty within fourteen (14) days from the takeover of the Product by the Customer or the Recipient. If a Purchase Contract with several types of goods or delivery of several parts is concerned, then the period start on the day of takeover of the last delivery of the goods or the Products.
  3. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in art. VII.2 GTC to the e-mail address info@alove.cz or postal address ALOVE on-line, s.r.o., Tusarova 45, Praha 7, 170 00. 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 five (5) 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. Any and all costs related to the return of the Products to the Seller (like postal and packing fees etc.) shall be fully borne by the Customer, also in the case when the Product cannot be returned in a usual postal method due to its nature. The Seller shall return the paid Purchase Price to the Customer by a cashless transfer to the account specified by the Customer without undue delay after the receipt of the returned Product, however not later than within fourteen (14) days from the day of the due withdrawal from the Purchase Contract. If the Customer withdraws from the Purchase Contract, the Seller is not obliged to return the Purchase Price before the Product is returned by the Customer. The Seller has right to unilaterally offset the Seller's right for damages that was caused by the Customer by returning the Product in a damaged, worn or incomplete condition, against the claim of the Customer to return the Purchase Price.
  5. In case of returning the Product pursuant to art. VII.4 GTC, the Seller suggests the Customer to send the consignment as a “recorded delivery package” with respective insurance corresponding to the value of the Product being sent (otherwise it will not be possible to search for the consignment in case of a loss). In case of a failure to deliver (loss) of the consignment to the Seller, the Customer as a sender is obliged to apply a claim with the carrier and to provide the Seller all necessary cooperation to search for the consignment. Any consignment sent by the Customer as “cash on delivery” shall not be accepted by the Seller.
  6. The Customer acknowledges and agrees that the Product to be returned to the Seller must not be damaged, must not show any signs of wear or use, and was not modified based on the Customer’s wish of for his/her person.
  7. The Customer acknowledges and agrees that the Product bought in ALOve E-shop cannot be returned personally in the Seller’s Stores. The Customer is obliged to return the respective Product solely pursuant to art. VII.4 GTC.
  8. The Seller reserves the right to withdraw from the Purchase Contract in the case that the data related to the Products or to the Product Price stated in ALOve E-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 and GTC.
  9. The Customer acknowledges and agrees that if a present is given to the Customer with the Product, the gift covenant between the Seller and the Customer is concluded with a resolutory condition that if the right of the Customer to withdraw from the Purchase Contract is used, the gift covenant becomes void and non-effective and the Customer is obliged to return also the provided gift together with the returned Product. A non-returned gift in the sense of the previous sentence of this article of GTC is a groundless enrichment of the Customer.

VIII.

EXCHANGE 

  1. The piece of jewellery may be exchanged for another piece of jewellery in the same or higher price purchased through ALOve E-shop 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 trasnfer to the Seller’s account or as cash on delivery.
  2. In case of an exchange for goods of a lower value, the Customer shall follow art. VII.3 GTC.
  3. When returning the piece of jewellery, the Customer shall follow art. VII.4 orVII.5 GTC.
  4. The Customer acknowledges that the exchange can be made only pursuant to art. VII.7 GTC.
  5. The Customer acknowledges and agrees that the exchange cannot be made in case of a piece of jewellery that 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 E-shop. In this case, the Customer shall first contact the Seller at his e-mail address info@alove. The Customer may use the Modification Form that can be downloaded HERE.
  2. Based on an agreement with the Seller, the Customer shall send 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. The Customer shall be informed by the Seller about the delivery.
  3. The Seller shall inform the Customer about the price for the modification. Based on an agreement with the price for the modification by the Customer, the Seller shall issue a tax document that shall be paid by the Customer cashless to the Seller’s bank account: 8309862/0800.
  4. When the price for the modification has been credited, the respective Product shall be sent immediately to the Customer’s postal address.
  5. The Customer acknowledges and agrees that the Product bought in ALOve E-shop cannot be handed over personally in the Seller’s Stores.

X.

FINAL PROVISIONS

  1. By acceptance of these GTC, the Customer acknowledges that all images in the ALOve E-shop are copyrighted pursuant to art. 2 of Act 121/2000, Copyright Act, as amended, and the Seller is ready to protect these copyrighted images and to take all necessary legal actions in case of any unauthorised use.
  2. If any provision of GTC 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 GTC and the Purchase Contract. The contracting parties are obliged to replace this invalid, illegal or unenforceable provision of GTC 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 GTC or the Purchase Contract.
  3. If the relation based by the Contract Purchase include an international (foreign) element, then the Purchase Contract parties agree that their relation shall ´be governed by the Czech law.
  4. The form for withdrawal from the Purchase Contract is attached to GTC and makes their integral part.
  5. Purchase Contracts including GTC are archived by the Seller in electronic form for five (5) years. Solely the Seller or a subject authorised by the Seller to archive Purchase Contracts has access to the archived Purchase Contracts. These authorised persons are not allowed to disclose the Purchase Contracts to third parties.
  6. The Customer declares that he/she has read these GTC, considers them understandable and fully acceptable and adequate.
  7. The Form of Purchase Contract Withdrawal can be downloaded HERE.