Terms and Conditions
1.1 The company FP Garnet s.r.o. ("Company"), with company seat at Jaromírova 64, Prague 2, 128 00, Czech Republic, IČO: 01830783, active in the trade of jewellery and goldsmithing, invites Customers to make offers on the jewellery displayed on its website www.fpgarnet.cz.
1.2 A Customer within the meaning of these TaC is every person who concludes a contract or otherwise treats with the Company. If, in so doing, the Customer acts outside the remit of their business activity or their profession, they are also a Consumer.
1.3 These Terms and Conditions ("TaC") govern all relations between the Company as seller and the Customer as buyer via the company's website www.fpgarnet.cz.
1.4 By sending in the order form, the Customer affirms that they have read and agree with the TaC.
Concluding the Contract of Sale
2.1 The company accepts orders via the order form available at www.fpgarnet.cz. Orders are accepted 24/7. Alternative ordering via email firstname.lastname@example.org are also possible, in which case the TaC do not apply but the legal relations between parties are established on the basis of the email correspondence and the applicable laws of the Czech Republic.
2.2 The object of contract is an item of jewellery as specified in the order form.
2.3 Once the order form has been sent, the Customer will receive an automatically generated email informing him that his order has been received by the Company's electronic system. This correspondence will contain information about the object of the contract, the price, the Company's details and information about delivery. This correspondence does not constitute acceptance of the Customer's offer to contract.
2.4 The Company will subsequently email the Customer to inform them whether the order has been accepted. The Contract of Sale is concluded upon the delivery of the Company's acceptance email to the Customer.
2.5 If, due to internal technical reasons, the Company is unable to accept the offer, and yet the Customer has already made a payment through the secure payment portal available on the website www.fpgarnet.cz, the Company shall inform the Customer as soon as possible and offer them performance of the contract with an extended time-line for completion or, alternatively, cancellation of the order. The Customer may inform the Company of their decision by email or by phone. If cancellation of the order occurs due to a circumstance occassioned by the Company, the Company shall fully refund the Customer without undue delay.
Contractual rights and obligations of the parties
3.1 By concluding the Contract of Sale, the Company comes under duty to transfer property rights to the specified item of jewellery to the Customer. The Customer comes under duty to pay the price as specified in the contract.
3.2 The Company further comes under duty to ensure the contractually specified delivery of the jewellery to the Customer either in person or via a third party - carrier. The Customer comes under duty to accept the item upon delivery.
3.3 In case of delivery via third party, the items will be prepared and submitted for delivery without undue delay, but no later than on the second working day, after the receipt of the Customer's payment or confirmation of payment. The Company has the duty to inform the Customer of any delay with sending the goods. During this period the Customer has the right to withdraw from the contract in accordance with 4.3 of these TaC.
3.4 In case of delivery via third party, the Company bears no responsibility for any delays on the part of the third party. A complaint about any such delays can be filed with the third party.
3.5 All dealing between the Company and the Customer are governed by the principle of good faith. This presupposes that the Company is interested in selling a faultlessly manufactured item of jewellery and the Customer is interested in buying the same. Therefore, both parties shall make the effort to ensure that their communication proceeds without undue delays and that any eventual complications caused e.g. by delayed payment or delivery are resolved by a peaceful, mutually satisfying agreement between the contracting parties.
Cancellation by Customer
4.1 Before the goods are sent to the Customer, the Customer has the right to withdraw from the contract, i.e. cancel their reservation of the items. The Customer must communicate his withdrawal to the Company by sending an e-mail to email@example.com. In this case the Company will stop processing the order and will refund the Customer any moneys paid without undue delay, but no later than within 7 days after notice of withdrawal.
4.2 In accordance with the applicable Czech laws, the Customer who is a Consumer has the right to withdraw from the contract within 14 days after receipt of the goods without stating cause of withdrawal. The Consumer has to notify the Company of their decision by sending an e-mail to firstname.lastname@example.org or personally at the Company's seat.
4.3 If the Consumer withdraws from the contract, they will deliver the goods to the Company's address without undue delay, but no later than in 14 days after notice of withdrawal. The burden of paying delivery costs is on the Consumer, as well as the duty to ensure that the items are packaged in such a way so as to prevent any eventual damage, taking into account Chapter 6 TaC.
4.4 If the Consumer withdraws from the contract, the Company will refund him any moneys paid without undue delay, but no later than in 14 days after receipt of notice of withdrawal. This includes any moneys for delivery of goods to the Consumer. However, the Company is under no obligation to process the refund before it receives from the Consumer either the returned goods or the confirmation that they have been dispatched to the Company's address. The refund will be processed by the same means that the Consumer used to transfer the moneys to the Company, unless the parties agree otherwise.
4.5 The Consumer is responsible to the Company for any devaluation of the goods which result from using the goods otherwise than as is necessary, having regard to the nature and characteristics of the goods, for the purpose of trying and inspecting them in ways such goods are commonly expected before purchase. The Company is entitled to compensation for any such devaluation, and may extract it from the refundable purchase price. The Company must adduce proof that compensation is in order.
4.6 The Consumer cannot thusly withdraw from the contract which concerns goods
- which have been specially modified at their request or
- which has been subject to repair or servicing by persons other than the Company since delivery.
Cancellation by Company
5.1 Company is entitled to withdraw from the contract if the Customer breaches any of their contractual duties, especially if they fail to pay for the goods or fail to accept the goods.
5.2 Company is further entitled withdraw from the contract in case of depletion of stock or unforeseen loss of ability to perform under the agreed contractual terms (especially in case of significant change of price of rough material). In this case, the Company has the duty to immediately inform the Customer about the event.
Materials used and related warnings
4.1 For the manufacture of jewellery displayed on the website www.fpgarnet.cz, the Company uses
- 14ct gold
- sterling silver plated with a layer of rhodium
- natural garnet
- natural moldavite
- cubic zirkonium
Materials used in each item of jewellery are displayed in the description of each item. By sending in the order form, the Customer confirms that they have familiarized themselves with this specification. This specification is a condition of the Contract of Sale.
4.2 The Customer takes into account that garnet and moldavite, being natural stones, come in different shades. In case of garnet, these are shades of dark red and, in case of moldavite, shades of bottle green. Additionally, it is a typical feature of moldavite that it contains visible air bubbles - this is not a defect but, on the contrary, one of the best proofs of the stone's authenticity. If the Customer is buying several items from one set, where the nature of the selected items suggests that they are likely to be worn together, the Company will select items of a matching colour to be delivered to the Customer. However, the Company bears no responsibility for a slight difference in colour between the photographed items presented on the website and the delivered item - such differences are not a defect.
4.3 Some people may experience an allergic reaction to metal as a result of wearing jewellery. The allergic reaction typically manifests itself by redness or irritation of skin that comes to contact with the metal. Such a reaction is not caused by a defect in the material or the product but by a health condition internal to the Customer. The Company bears no responsibility for such an occurrence. Should an allergic reaction occur, we recommend that the Customer immediately stops wearing the product and consults a medical professional.
4.4 External factors such as cleaning products, cosmetics or the Customer's health condition may lead to a temporary change in the jewellery's color. This occurrence is not caused by a defect in the material or the product, but is a natural chemical reaction to which especially silver is prone. To return the jewellery to its original state, it is enough to clean it. The Company will clean the item for free upon the Customer's request, as long as the Customer pays any eventual postal fees.
4.5 Jewellery is a fragile piece of art which can be irreversibly damaged as a result of improper use. Especially natural garnet and moldavite are characteristically fragile. The Company bears no responsibility for damage caused by improper use of the purchased jewellery. Such improper use entails especially:
- causing the jewellery to come into contact with chemicals (cleaning products, cosmetics, chlorinated water, sea water),
- causing the jewellery to undergo sudden temperature changes (such as during sauna),
- wearing the jewellery while performing strenuous physical activity or work where there is a risk of mechanical damage to the jewellery e.g. by scratching, tearing, breaking the stone against a hard surface or damaging the bezels or prongs that hold the stone in place,
- improper storing of the jewellery whereby it comes into contact with hard or sharp objects. Especially risky is putting the jewellery into a pocket or a purse near to other objects such as your keys or your change. We recommend that you store your jewellery in a separate box, a dedicated jewellery box or a soft sachel.
If the product is damaged as a result of improper use, the repair expenses will be payable by the Customer.
Consumer's rights in relation to defective products
5.1 This section defines the rights of the Customer who is a Consumer. These rights exist only in relation to a product which was already defective when the Consumer received it. The relevant defect may be manifest immediately upon receipt or may become discoverable later.
5.2 The Company's responsibility under this head does not extend to mechanical or chemical damage caused as a result of improper use of the product, especially as described in section 4.4.
5.3 Natural deterioration of material which may occur as a result of the product's use does not constitute a defect. To maintain the jewellery in excellent condition, the Consumer is entitled to request free cleaning and servicing twice a year.
5.4 If any modifications, alterations or repairs are made to the jewellery by a party other than the Company, the latter ceases to be responsible for any defects found in the item.
5.5 The Consumer must inform the Company of the discovered defect without undue delay after they have discovered it or could have reasonably discovered it, whichever time is shorter. For their rights to be enforceable, this notice must be served on the Company within 24 months after the Consumer has accepted the item.
5.6 In case of the Company's responsibility for a duly notified defect, the Consumer has the right to demand
- free repair of the product, if the repair is possible,
- exchange of the defective product for a defect-free product, or exchange of the defective part for a defect-free part,
- a proportionate discount from the contractual price,
- or a rescission of the contract which entails the Consumer returning the defective product and the Company returning the moneys paid.
5.7 Immediate rescission of the contract is possible at the Company's seat. Otherwise, to protect its legitimate interests, the Company is entitled to demand that it first receives the defective product for inspection before it returns the moneys paid. Eventual postal expenses are payable by the Consumer.
5.8 For the Consumer's request under this head to be processed, they must provide the Company with a proof of purchase, such as the Contract of Sale or an invoice.
5.9 Pursuant to the law no. 634/1992 Coll., the Company will make a decision about the Consumer's request under this head no later than in three working days. This time limit begins to run at the end of the period reasonably necessary for the professional expertise to determine the cause of the defect. The request will be processed without undue delay but no longer than within 30 days from the allocation of responsibility for the defect. The request will be considered duly processed when the Company informs the Consumer of the results of the complaints procedure.
5.10 If the Consumer disagrees with the results of the complaints procedure, he is entitled to seek redress with the Czech Trade Inspection Authority, which is the authority empowered to decide on the matter of business-consumer disputes pursuant to §20 of the law no. 634/1992 Coll. on consumer protection.
6.1 Photo and video material of the offered products, company logos or product logos are reserved for the exclusive use of the Company for presentation of its online offer and are protected by IP laws.
6.2 The display of colours and shades of the products will depend, inter alia, on the settings and quality of display of the device used to access the website.
7.1 Personal data given by the Customer to the Company will be processed in accordance with the EU Directive 2016/679 and the Law on Processing Personal Data no. 110/2019 Coll. A detailed description of rights and obligations related to the protection of personal data can be found online at www.fpgarnet.cz under the heading "Personal Data Protection".
7.2. An indivisible part of these TaC are the rules of procedure for handling complaints. These are available online at www.fpgarnet.cz under the heading "Complaints Procedure".
7.3 Legal relations not defined in these TaC are subject to the general laws of the Czech Republic, especially law no. 89/2012 Coll, as amended.
7.4 These TaC become valid on 20.04.2020 and are published online at www.fpgarnet.cz, where they are freely available to the Customer and the general public.