These general business terms and conditions (hereinafter referred to as the „GBTC“) of the company ALO diamonds on-line, s.r.o., company ID No. 052 83 809, with its registered office in Prague 7, Holešovice, Na Maninách 1040/14, postcode 170 00, registered in the Commercial Register at the Municipal Court in Prague, Section C, File 261206 (hereinafter referred to as the „Seller“) constitute, in accordance with the provision of Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the „CC“), an integral part of the purchase contract concluded between the Seller and the other party - Customer (hereinafter referred to as the „Customer“) further specified in these GBTC (hereinafter referred to as the „Purchase Contract“), and regulate mutual rights and obligations of the parties established on the basis or in connection with the concluded Purchase Contract through online shopping operated by the Seller on the website at the internet address www.alodiamonds.com (hereinafter referred to as the „ALO E-shop“), through the interface of these web pages (hereinafter referred to as the „Web Interface“).
The ALO E-shop offers the Seller’s products and these are various diamond jewellery products (hereinafter referred to as the „Product“ or in the plural „Products“).
The shop means: a brick and mortar shop operating under the ALO or ALOve brand in the territory of the Czech Republic (hereinafter „Shops“ or in the singular „Shop“).
Through the ALO E-shop the Customer can place a binding order for the required Products by filling in an order form in the ALO E-shop’s Web Interface (hereinafter referred to as the „Order“).
The Seller through his partner, the company Hifour s.r.o., Sokolovská 694/100a, 186 00 - Prague 8, company ID No.: 47537841 (hereinafter referred to as the “Courier”), provides the transport and delivery of the Products for the Customer and for the third party different from the Customer and indicated by the Customer in the Order (hereinafter referred to as the “Recipient”). The Seller bears the costs of transport and delivery of Products, unless specified otherwise in the Purchase Contract.
ALO E-shop allows the Customer to select Products namely:
according to the type of jewellery;
according to a precious moment for which the Product is purchased;
according to the collection;
whereas the Customer shall select in the Order the specific Product it is interested in purchasing.
The GBTC applies to all the Seller’s Customers with the exception of legal entities and natural enterprising persons in their business activities.
The provisions of the GBTC constitute an integral part of the Purchase Contract which the Customer confirms in the Web Interface by sending the Order. Arrangements different from the GBTC can be expressly agreed between the Seller and Customer in the Purchase Contract. In such case the different arrangements of the Purchase Contract shall be prioritised over the arrangements in the GBTC. The Purchase Contract and GBTC are executed in English. The Purchase Contract is concluded in English.
The Seller can unilaterally amend the GBTC, whereas the amendment comes into effect on the day it is published in the ALO E-shop. The Customer acknowledges this fact and confirms it by concluding the Purchase Contract with the Seller. However the amendment of the GBTC shall not impair the rights and obligations established under the previous not amended version of the GBTC for the period of their effect.
For the purpose of purchasing a Product from the Seller from the ALO E-shop, the Customer shall create an Order through the ALO E-shop Web Interface. To place the Order, the Customer needs to select the required Product he is interested in purchasing and filling in all data required by the Seller in the Order.
By creating the Order in the ALO E-shop, the Customer expresses his consent and will to conclude the Purchase Contract for delivery of the selected Product to the point of delivery stated in the Order.
The Seller excludes the acceptance of an offer with an addendum or variation in the meaning of the provisions of Section 1740 (3) of the CC. The Seller is not obliged in justified reasons (such as if this is a Customer who has previously breached the Purchase Contract, GBTC or Personal Data Protection Principles) to conclude a Purchase Contract with the Customer for the offered Products. The provision of Section 1732 (2) of the CC shall not be applied.
Before finally sending the Order to the Seller, the Customer must carefully check all data stated in the Order. The Order contains data on the (a) ordered Product, (b) Product price, including the selected method of paying the price for the Product, (c) manner of delivery of the Product and on the costs of delivery of the Product, (d) valid and effective version of the GBTC and Personal Data Protection Principles on the date of the creation of the Order. If any data is not properly entered by the Customer, the Customer undertakes to correct the wrongly entered data in the ALO E-shop Web Interface.
If the Customer requests that the Seller delivers the Product, he shall also fill in the name, surname, delivery address and phone number of the Recipient in the Order in the ALO E-shop.
The Customer makes a binding confirmation of the Order and sends it to the Seller by clicking on the “Order” button. The data stated by the Customer in the Order is considered by that very fact as correct and complete. The Seller shall confirm the receipt of the Order immediately by an automatically generated e-mail, to the Customer’s e-mail address stated in the Order (hereinafter referred to as the “Customer’s E-mail Address”).
The Customer acknowledges the fact that the GBTC and Personal Data Protection Principles, all in their valid and effective versions, are also available at any time on the ALO E-shop web address www.alodiamonds.com.
The Customer acknowledges that the Seller is always authorised, in connection with the realisation of the Order, to contact the Customer through the Customer’s E-mail Address or by phone.
The Customer agrees with the use of remote communication tools when concluding the Purchase Contract with the Seller. The Customer covers the costs arising from the use of remote communication tools in connection with the conclusion of the Purchase Contract (internet connection costs, phone call costs) himself.
The Seller is not obliged to accept any Order that does not contain all essential details and/or is not created in accordance with these GBTC. The Seller, at its discretion, is authorised to request the Customer to correct or supplement such an Order within 5 days after the day when the Customer’s request was sent to the Customer. If such an Order is not corrected or supplemented within the set deadline, it shall be deemed as never having been created.
PRODUCT PRICES, PAYMENT TERMS
Prices for individual Products including value added tax (VAT) in the amount under valid and effective legislation are listed in the ALO E-shop. The listed prices in the ALO E-shop apply throughout the time they are listed in the ALO E-shop, whereas the binding Product price that applies to the Customer is that confirmed by the Seller in the Order (hereinafter referred to as the “Product Price”). The Seller is authorised to conclude the Purchase Contract under altogether individual terms and conditions agreed with the specific Customer. The Seller is authorised to unilaterally change the prices of Products but that this change shall not affect the Purchase Contracts concluded before such a change is made.
The Product Price always includes the costs of the transport and delivery of the Product to the delivery address stated by the Customer in the Order, always solely to the delivery address in the territory of the United States of America. The Customer acknowledges that the Seller does not deliver Products outside the territory of the United States of America.
The Customer can pay the Seller the agreed purchase price which always equals the Product Price (hereinafter referred to as the “Purchase Price”) by one of the methods stated below selected by the Customer in the Order:
bank cashless transfer to the Seller’s account;
o cashless card payment, quick transfer and Google Pay via the PayU online payment gateway;
If making a cashless payment under Article 3.3 a) of the GBTC, the Customer’s commitment to pay the agreed Purchase Price is met once the relevant amount is credited to the Seller’s account. If making a cashless payment by transfer to the Seller’s account, the Customer undertakes to make the payment to the Seller’s account stated by the Seller in the Order confirmation in the meaning of Article 3.9 of the GBTC and when making the payment enter the variable symbol serving to specify the Order stated in this Order confirmation. The Purchase Price for all cashless payment under Article 3.3 a) of the GBTC is due within five (5) days after the Purchase Contract is concluded in the meaning of Article 2.9 of the GBTC. When making a cashless payment under Article 3.3 b) of the GBTC the commitment to pay the Purchase Price is met once payment is duly made of the Purchase Price via the PayU online payment gateway.
The Customer acknowledges and agrees that if he is in arrears in the payment of the Purchase Price, the Seller is authorised to withdraw from the Purchase Contract at any time after the first day of such arrears. The Customer acknowledges that if the Customer does not pay the Purchase Price by the selected method under Article 3.3 a) of the GBTC within five (5) days after the Purchase Contract is concluded in the meaning of Article 2.9 of the GBTC, the Seller is authorised to cancel the Customer’s Order. The Seller is obliged to inform the Customer of its withdrawal by an e-mail sent to the Customer’s E-mail Address.
The Seller issues a tax document – invoice to each paid Customer’s Order in accordance with the Purchase Contract. The Seller is a value added tax (VAT) payer. The Seller sends the tax document – invoice to the Customer as part of the Order.
Any discounts on Products offered by the Seller cannot be combined, unless specified otherwise by the Seller.
DELIVERY AND TRANSPORT CONDITIONS
The transport and delivery of Products is carried out by a Courier. The Product is delivered to the address stated by the Customer in the Order. The Seller bears the costs of the transport and delivery of Products, unless specified otherwise in the Purchase Contract.
The Customer acknowledges that information about the transport and delivery of Products stated in the ALO E-shop Web Interface applies only to the transport and delivery of Products within the United States of America. The Products are delivered exclusively in the territory of the United States of America.
The Product is sent to the Customer, or Recipient, when purchased by a cashless payment under Article 3.3 a), b) within 3 working days after the entire Purchase Price is duly accepted in accordance with the Purchase Contract and these GBTC.
The Customer undertakes to duly accept the Product upon its delivery.
The Customer, or Recipient, is obliged, upon acceptance of the Product from the Courier to check if the Product packaging has been tampered with or deformed and immediately inform the Courier of any defect, and draw up with the Courier a record of damage. No later complaint shall be acknowledged. The Customer is not obliged to accept the Product if the Product’s packaging has been tampered with indicating unauthorised penetration of the package.
Further special rights and obligations associated with the transport and delivery of Products may be laid down directly by the Courier. The Customer declares that he was made acquainted with any such conditions of the Courier before placing the Order.
The title to the Product, as well as the risk of damage to the item, passes to the Customer, or Recipient, once the Product is accepted from the Courier.
The Customer acknowledges that the Seller is authorised, in exceptional cases, not to deliver the ordered Product to the Customer, or Recipient, above all if there are technical faults within the ALO E-shop Web Interface associated with the specification of the Product, Product Price, availability of the Product etc. In such exceptional cases, the Seller shall immediately refund the Purchase Price, if paid, to the Customer.
RIGHTS AND OBLIGATION OF THE PARTIES
Any code of conduct in the meaning of the provision of Section 1826 (1) e) of the CC is not binding on the Seller with regard to the Customer.
The Customer can send any message or complaint to the Seller to be settled to the Seller’s e-mail address at firstname.lastname@example.org. The Seller shall send a reply to the Customer’s message or settlement of a complaint to the Customer’s E-mail Address.
The Czech Trade Inspection Authority, ID No. 000 20 869, with registered office in Prague 2, Štěpánská 567/15, postcode 120 00, internet address http://www.coi.cz is competent to resolve out-of-court disputes arising from the Purchase Contract. The on-line dispute resolution platform found at the internet address http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the Seller and Customer arising from the Purchase Contract.
The European Consumer Centre Czech Republic, with its registered office in Prague 2, Štěpánská 567/15, postcode 120 00, internet address http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR).
The Customer hereby assumes the risk of changes of circumstances in the meaning of Section 1765 (2) of the CC.
RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the parties applying to rights from defective performance are governed by the relevant provisions of the CC and Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Seller is liable to the Customer for the Product being free of defects upon acceptance. The Seller is especially liable to the Customer that at the time when the Customer, or Recipient, accepts the Product from the Courier:
the Product has the qualities that the parties arranged, and if there is no such arrangement, such qualities that the Seller described or the Customer expected given the nature of the Product and based on an advert made of the Product; the Customer acknowledges that the Products shown in the ALO E-shop Web Interface are illustrative;
the Product is suitable for the purpose of use as stated by the Seller or for which an item of this kind is normally used;
the Product is of the appropriate quantity, length or weight;
the Product is stamped with the required hallmarks;
the Product meets the legislative requirements.
If any defective performance is a substantial breach of the Purchase Contract, the Customer has the right
to the removal of the defect with the delivery of a new defect-free item or delivery of a missing item;
to the removal of a defect with the repair of the item; or
to withdraw from the Purchase Contract.
In the event of defective performance under Article 6.3 of the GBTC, the Customer shall inform the Seller what right he has chosen when reporting the defect or without undue delay after reporting the defect. The Customer cannot change the choice he has made without the Seller’s consent; this does not apply if the Customer demands the repair of the defect which cannot be repaired. If the Seller does not remove the defect within a reasonable period of time or informs the Customer that it shall not remove the defect, the Customer can demand withdrawal from the Purchase Contract instead of removal of the defect. If the Customer does not choose his right promptly, he has rights as in the case of non-fundamental breach of contract.
If defective performance is non-fundamental breach of the Purchase Contract, the Customer has the right to the removal of the defect. Until the Customer withdraws from the Purchase Contract, the Seller may deliver what is missing or remove the legal defect. The Seller may remove other defects as it chooses by repairing the item or delivering a new item. If the Seller does not remove such defect of the Product promptly or refuses to remove the defect of the Product, the Customer can withdraw from the Purchase Contract. The Customer may not change the choice he made without the Seller’s consent.
If the Customer does not report the defect without undue delay after he could have detected it during a timely inspection and with adequate care, the court shall not recognise his right from defective performance. If this is a hidden defect, the same applies if the defect is reported without undue delay after the Customer could have detected it with adequate care, however no later than within two (2) years after delivery of the item.
If the defect appears in the course of six (6) months after acceptance, it is deemed that the item was defective already during acceptance. The Customer is authorised to assert the right arising from a defect that arises in consumer goods within a period of twenty four (24) months after acceptance. The Customer is not entitled to right from defective performance in accordance with the provision of Section 2167 of the CC (i) to an item sold for a lower price due to a defect for which the lower price was agreed, (ii) to a worn item caused by its normal use, (iii) to a used item for a defect of appropriate extent of use or wear and tear, which the item had when accepted by the Customer, or (iv) if this arises from the nature of the item.
The Customer is authorised to assert its rights from defective performance by filling in a complaints form which can be downloaded from www.alodiamonds.com, send by e-mail to email@example.com or printed and sent together with the returned Product, its certificate and number of the Order to ALO diamonds on-line, s.r.o., Tusarova 45, Prague 7, postcode 170 00.
The Seller recommends always attaching a copy of the Product’s certificate of purchase to the returned Product.
Seller’s contact details:
ALO diamonds on-line, s.r.o., Na Maninách 1040/14, Prague 7, postcode 170 00
The Seller settles the complaint via the e-mail address firstname.lastname@example.org. The Seller’s current contact details shall always be available on the ALO E-shop Web Interface.
The Seller shall settle the complaint no later than within thirty (30) days after the complaint was made, or once the Seller receives the returned Product from the Customer. The Seller can agree with the Customer on a longer deadline.
The Seller shall issue the Customer with written confirmation of the settlement of the complaint, i.e. about when the Customer asserted the right, about the content of the complaint, the required manner of the settlement of the complaint and about the date and manner of settling the complaint, including confirmation of the repair made and the time it took, or any written reason for rejecting the complaint. The Customer is informed of the settlement of the complaint by e-mail to the Customer’s E-mail Address.
The Customer acknowledges and agrees that he cannot assert the right from defective performance in person at the Seller’s Shops for Products purchased from the ALO E-shop.
Further rights and obligations of parties may be amended in the Seller’s complaints procedure.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The Customer acknowledges that under the provision of Section 1837 d) of the CC he cannot, inter alia, withdraw from the Purchase Contract for a Product which was altered according to the wishes of the Customer or his person.
If this is not a Product to which Article 7.1 of the GBTC applies, the Customer is authorised under the provision of Section 1829 (1) a) of the CC to withdraw from the Purchase Contract without giving a reason and without any penalties, within a deadline of fourteen (14) days after the Customer’s or Recipient’s acceptance of the Product. This is a Purchase Contract the subject matter of which is several types of goods or delivery of several parts, this deadline commences after the day of acceptance of the last delivery of goods, or Products.
The Customer must send his notice of withdrawal from the Purchase Contract within the deadline under Article 7.2 of the GBTC to the e-mail address email@example.com or the postal address ALO diamonds on-line, s.r.o., Tusarova 45, Prague 7, postcode 170 00. The Customer can use the Purchase Contract Withdrawal Form available on the ALO E-shop Web Interface for withdrawal from the Purchase Contract.
In the event of an proper withdrawal from the Purchase Contract, the Purchase Contract ceases to exist and the Customer is obliged to return said Product to the Seller no later than within five (5) days after the day of the withdrawal from the Purchase Contract, whereas the deadline is observed of sending said Product to: ALO diamonds on-line, s.r.o., Tusarova 45, Prague 7, postcode 170 00. The Customer shall fully bear all costs of returning the Product to the Seller (such as postage and packaging) even when the Product cannot be returned by ordinary post in view of its nature. The Seller shall refund the paid Purchase Price to the Customer by cashless transfer to the account specified by the Customer without undue delay after receiving the returned Product, no later than within fourteen (14) days after the day of the proper withdrawal from the Purchase Contract. If the Customer withdraws from the Purchase Contract, the Seller is not obliged to refund the Purchase Price before the Customer returns the Product. The Seller is authorised to unilaterally set-off against the Customer’s claim to the refund of the Purchase Price its claim to compensation for damage caused by the Customer returning a damaged, worn and incomplete Product.
The Seller recommends that in the event of the return of the Product in the meaning of Article 7.4 of the GBTC, the Customer sends the postal package as a “registered parcel” with the relevant insurance corresponding to the value of the posted Product (otherwise in case of loss it shall not be possible to find the package). In case non-delivery (loss) of the package to the Seller, the Customer, as the package sender, undertakes to lodge a complained with the relevant carrier, or provide all other necessary cooperation to the Seller in finding the package. A package posted by the Customer as “cash on delivery” shall not be accepted by the Seller.
The Customer acknowledges and agrees that the Product that should be returned to the Seller may not be damaged or show signs of wear and tear and/or use.
The Customer acknowledges and agrees that the Product purchased in the ALO E-shop cannot be returned in person in the Seller’s Shops. The Customer undertakes to return said Product expressly in accordance with Article 7.4 of the GBTC.
The Seller reserves the right to withdraw from the Purchase Contract in the event that the data applying to the Products or the Price of the Products stated in the ALO E-shop were altered by a third party without the Seller’s knowledge or if the Seller’s stock does not allow the proper performance of the Purchase Contract and these GBTC.
The Customer acknowledges and agrees that if a gift is provided to the Customer together the Product, a deed of gift is concluded between the Seller and Customer with a resolutive condition stating that if the Customer uses the right of withdrawal from the Purchase Contract, the deed of gift becomes invalid and ineffective and the Customer is obliged to return such gift as well as the Product. An unreturned gift under the previous sentence of this Article of the GBTC means the Customer’s unjust enrichment.
By accepting these GBTC, the Customer acknowledges that all photographs in the ALO E-shop are, in the meaning of Section 2 of Act No. 121/2000 Coll., the Copyright Act, as amended, copyrighted works and the Seller is prepared to protect these photographs as copyrighted works and, if required, take all legal steps in the event of their unauthorised handling.
If any provision of these GBTC or the Purchase Contract becomes invalid, ineffective or unenforceable, such effect shall only apply to the affected provision and only in the scope of such invalidity, ineffectiveness or unenforceability, without it having an impact on the validity, effect and enforceability of the other provisions of these GBTC or the Purchase Contract. The parties undertake to replace such invalid, ineffective or unenforceable provision of the GBTC or Purchase Contract with a valid, effective and enforceable provision of the same or at least similar meaning so that the intention of the parties is or was not impaired to the least possible extent by such an amendment of the GBTC and Purchase Contract.
If the relationship established by the Purchase Contract contains an international (foreign) element, the parties of the Purchase Contract agree that their relationship shall be governed by Czech law.
Purchase Contracts, including the GBTC, are archived by the Seller in electronic form for a period of five (5) years. The Seller, or the entity authorised by the Seller to archive the Purchase Contract, has sole access to the archived Purchase Contracts. These authorised persons are not authorised to access Purchase Contracts to third parties.
The Customer declares that he has carefully read these GBTC, considers them intelligible, fully acceptable and reasonable.