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Terms & conditions

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions“) apply to contracts concluded through THE DESIGN online shop located on the web interface www.thedesign.cz (hereinafter referred to as “Web Interface“) between

by our company:

MEDON s.r.o., with registered office at Havelská 517/14, Staré Město, 110 00 Prague 1,
Company ID: 649 43 691
VAT ID: CZ64943691
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 42547,

Delivery address: Havelská 517/14, Staré Město, 110 00 Prague 1
phone number: +420 725 095 636
Contact e-mail: [email protected]

as the seller

and you as the buyer.

1. INTRODUCTORY PROVISIONS

1.1. Summary of the content of the Terms and Conditions

By the contract of sale, we undertake to deliver the goods specified in the order to you and you undertake to accept the goods and pay us the purchase price. To enter into a contract, you must have placed an order and the order must be accepted by us (as per 2). For information on prices, please refer to 3. Possible methods of payment and delivery can be found in article 4 a 5. For information on the possibility of withdrawing from the contract after receipt of the goods, see 6. Complaints are governed by our Complaints Policy.

1.2. Is it a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection under the law and these terms and conditions.

1.3. What governs our mutual rights and obligations?

First and foremost, the contract, which consists of the following documents:

  • these terms and conditions, which define our mutual rights and obligations;
  • The Complaints Procedure , which we will follow when making a complaint;
  • Privacy Policy, which governs the protection of your personal information;
  • the terms and conditions and the instructions given on the web interface, in particular when concluding the contract;
  • order and its acceptance by us,

and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:

  • Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code“);
  • Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you agree that Czech law will govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.

1.4. How do you agree to the terms and conditions?

By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.

1.5. What else should you know about the terms and conditions?

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.

We may change or amend the wording of the Terms and Conditions. We may only change or amend the Terms and Conditions in writing.

Your rights and obligations are always governed by the wording of the Terms and Conditions under which they arose. We will send you the text of these terms and conditions together with the acceptance of your order by us.

2. PURCHASE AGREEMENT

2.1. How do we conclude a purchase contract?

The web interface provides a list of goods including a description of the main features of each item. For each item, the price including all taxes, duties and charges (for consumers, this price does not increase the price of the goods) is indicated. In order to enter into a contract, you must submit your order in accordance with these terms and conditions and acceptance of this order by us.

Please note that the presentation of the goods on the web interface is informative and does not constitute a proposal for the conclusion of a contract within the meaning of Section 1732 (2) of the Civil Code.

2.2. How to place an order?

You can always place an order via the web interface (by filling in the form), or by phone, e-mail or any other way that we allow according to the information on the web interface. The order must contain all the information prescribed in the form.

The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).

Before submitting your order via the order form, you will be provided with a recap of your order including the final price (including all taxes, duties and charges).

You place a binding order by pressing the button “Order with payment obligation“, whereby you also undertake to pay the purchase price in full. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.

If we have any doubts about the authenticity and seriousness of an order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.

2.3. How do you know if we have accepted an order and when the contract is concluded?

We will inform you when we receive your order. The information about the receipt of the order is sent automatically and it is also an acceptance of the order by us.

The purchase contract is concluded at the moment when you receive the acceptance of the order from us to the e-mail address you provided in the order. Should the order not be accepted, the contract is concluded at the moment you take delivery of the ordered goods.

2.4. Can you cancel or change an order that has already been placed?

You can cancel or change an order that we have not yet received by phone or email. All orders received by us are binding. Subsequent cancellations or changes to your order are only possible by agreement with us. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see article 6), we shall be entitled to reimbursement of the costs we have already incurred in connection with the contract.

2.5. Do you have the possibility to get the contract in text form?

The documents constituting the contract will be sent to you by email or printed by post at your request. When sending by post, we may ask you to pay the costs involved.

We archive the documents constituting the contract in electronic form. The contract is not accessible to third parties.

2.6. What if you don’t understand something in the contract?

If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.

2.7. In which languages can the contract be concluded ?

The contract can be concluded in Czech language, unless we explicitly agree on another language.

3. PRICE

3.1. Can the price change on the web interface?

If the price listed for an item on the web interface or during the ordering process is no longer current, we will notify you immediately. However, orders received will not be affected by a price change that has occurred between the time the order was placed and our acceptance of the order.

In the event that there is an obvious technical error on our part in the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price due to the apparent legality of our legal action pursuant to Section 552 of the Civil Code, or due to a mistake pursuant to Section 571 of the Civil Code.

3.2. Can discounts be combined?

Any discounts on the price of the goods cannot be combined, unless explicitly stated otherwise on the web interface.

4. PAYMENT TERMS

4.1. What payment methods do we accept?

You may pay the purchase price primarily by the following methods :

  • in cash or cashless (by credit card) when sending goods on delivery or upon personal collection;
  • cashless before delivery of the goods online by credit card or through a payment gateway;
  • cashless before delivery of the goods via QR code;
  • by wire transfer to our bank account before delivery (instructions will be provided in the order confirmation).

Any additional payment methods and any fees associated with certain payment methods are listed on the web interface.

Some payment methods (in particular cash on delivery) may also incur a fee. These fees are listed on the web interface.

4.2. When is the purchase price due?

In the case of payment in cash (or cashless on receipt of goods), the price is payable on receipt of the goods. In the case of cashless payment before delivery of the goods, the price is payable within five working days of receipt of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price when due, we reserve the right to withdraw from the contract.

4.3. What currency can you pay in?

Payment for goods is possible in Czech crowns (CZK). Payment in other currencies is possible only after agreement with us. In the English version of the web interface you can also pay in EUR.

4.4. Can we require a deposit or payment in advance?

Please note that in accordance with Section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before dispatch or delivery.

Please note that if you choose to pay by wire transfer and make payment before the contract is concluded by us in accordance with clause 2.4., this is an advance payment of the price of the goods. In the event that the contract is subsequently concluded, the advance payment will be credited against the price of the goods.

4.5. How do we issue a tax document?

By agreeing to these terms and conditions, you consent to us issuing a tax document electronically.

5. DELIVERY CONDITIONS

5.1. How do we send goods?

The delivery methods, including the cost of delivery, are listed on the web interface. You can select the specific delivery method in the order.

The order will always include the final price, which already includes the cost of the chosen shipping method.

5.2. What is the cost of delivery?

The cost of delivery always depends on the size and nature of the goods and the price list of the chosen carrier. The actual delivery costs are listed on the web interface.

The order will always include the final price, which already includes the cost of the chosen shipping method.

5.3. When will we deliver the goods to you?

The delivery time always depends on the availability of the goods and the chosen method of transport and payment, however, we will deliver the goods within thirty days of the conclusion of the contract , unless we agree otherwise with you.

However, we cannot control the delivery time of goods by external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.

Goods that are in stock are usually dispatched within three working days from the receipt of the order (when sending goods on delivery or personal collection), or from the crediting of payment to our account (in the case of cashless payment before delivery of goods). The delivery time is extended accordingly in case of an agreed change to your order.

Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.

Delivery of the goods under these terms and conditions means the time when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a repudiation of the contract on your part.

You acquire ownership of the goods at the moment of payment of the full purchase price, but not before you take possession of the goods.

5.4. How do I proceed when taking delivery of the goods?

Upon receipt of the goods, check the integrity of the packaging of the goods. If you find any shortcomings, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal. Please note the nature of the goods delivered and check the goods for completeness and damage immediately upon receipt. In the event of any shortcomings, please contact us as soon as possible and send us the relevant photographic documentation.

By signing the delivery note (or other similar document) you confirm that the packaging of the shipment has not been damaged. In this case, a claim for goods due to a breach of the packaging of the shipment is no longer possible.

From the moment you take possession of the goods (or from the moment you were obliged to take possession of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.

5.5. What happens if you do not accept the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall pay the costs associated with such delivery.

In the event that you do not take delivery of the goods at the time of delivery without any reason according to 5.2., we shall be entitled to compensation for the costs associated with the delivery and storage of the goods as well as other costs incurred by us due to the non-acceptance of the goods.

In the case of sending the goods on delivery or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we have the right to proceed with the sale of the goods on our own pursuant to § 2126 of the Civil Code.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1. How can you withdraw from the contract?

You may withdraw from the contract of sale as a consumer without giving any reason within 14 days from the date on which you or a person designated by you other than the carrier took delivery of the goods; or

  • the last piece of goods, if you have ordered more than one piece of goods within one order, which are delivered separately,
  • the last item or part of a delivery of goods consisting of several items or parts, or
  • the first delivery of the goods, if it is a regular delivery of the goods over an agreed period of time.

We recommend that you send the notice of withdrawal from the purchase contract to our delivery address together with the goods or by e-mail and send the goods to our delivery address immediately afterwards. To withdraw from the contract, you can use sample form.

6.2. What are the consequences of withdrawal?

Withdrawal from the Contract shall terminate the Contract from the outset and it shall be deemed not to have been concluded, including the obligations under ancillary contracts; this shall be without prejudice to the provisions of clauses 6.4 and 6.5.

6.3. Partial withdrawal from the contract

You can also withdraw from the contract only partially. Therefore, if a larger quantity of goods has been ordered as part of the purchase contract, you can only withdraw for part of the goods.

If the withdrawal is made only in relation to a specific good (part of the order), the purchase contract is cancelled only in the part relating to the goods subject to withdrawal. To the remaining extent, the purchase contract remains unaffected.

In the case of partial withdrawal from the purchase contract, where the price of the goods you do not withdraw from the purchase is lower than the amount set for free delivery, you are obliged to pay a proportionate part of the postage for the goods you do not withdraw from the purchase. This pro rata amount of postage will be calculated on the price of the goods you are not withdrawing from. The calculated amount of postage will be credited against the amount of the goods you are withdrawing from.

6.4. How will you return the goods to us?

If you decide to return an item, we recommend using the form provided on our web interface to guide you through the return process. You are required to return the goods to us within 14 days of withdrawal at our delivery address, which is also our registered office address. Please do not send the goods by cash on delivery, we are not obliged to accept them in this way.

Returned goods must be undamaged, unworn and unpolluted and, if possible, in their original packaging.

We recommend that the returned goods are accompanied by:

  • a copy of the delivery note and invoice (if issued) or other proof of purchase;
  • a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

Failure to submit any of the above documents does not prevent the positive processing of your withdrawal under the legal terms, but it may make the process of identifying your withdrawal more difficult.

6.5. When will you get your money back?

We will refund any monies received within 14 days of withdrawal. However, please note that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.

In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. However, if you have chosen a delivery method other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you in the amount of the cheapest delivery method offered.

We will refund your money in the same way we received it (unless you tell us otherwise within ten days of cancellation and incur no further costs) or in any way you request.

The cost of sending the returned goods to our address will be borne by you , even if the goods cannot be returned by normal postal means due to their nature.

6.6. What if the returned goods were damaged?

When sending the goods, wrap them in suitable packaging to prevent damage or destruction.

The goods may only be tested to the extent necessary to familiarise oneself with the nature, features and functionality of the goods. If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for such diminution in value.

6.7. When can I not withdraw from the contract?

In accordance with Section 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:

  • the delivered goods have been adjusted according to your individual requirements and wishes (this applies in particular to adjustments in the size of the jewellery, including the first adjustment of the size of the jewellery, or if the jewellery has been engraved according to your wishes or if the earrings have been changed in the way of fastening).
  • the delivery of goods (jewellery), the price of which (or the price of its component) depends on the fluctuations of the financial market independently of the entrepreneur’s will and which may occur during the withdrawal period.

6.8. When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

  • we have not received the purchase price from you by the due date or you have not taken delivery of the goods;
  • the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
  • performance becomes objectively impossible or unlawful.

If any of the above occurs, we will inform you immediately of our withdrawal from the contract.

If you have already paid the purchase price in full or in part, we will refund the amount received within five working days of withdrawal from the contract, without cash to the account you provide us with for this purpose or from which you made the payment.

7. EXCHANGE AND ADJUSTMENT OF JEWELLERY

7.1. Jewellery exchange

The Customer is entitled to request the Seller (by e-mail, telephone or in person at the Seller’s registered office) to exchange a piece of jewellery purchased on the web interface for the same piece of jewellery of a different desired size and the Seller shall comply with such request if all the following conditions are met:

  • the jewellery is also offered on the web interface in the newly requested size;
  • the jewel is in stock with the seller;
  • The buyer has requested a replacement of the jewellery supplied within 14 days of the date of delivery of the relevant jewellery originally purchased;
  • the seller confirms to the buyer by email that the respective request for jewellery exchange will be granted.

The Buyer bears the costs associated with the replacement of the jewellery, both the costs associated with the return of the originally delivered jewellery to the Seller, as well as the costs associated with the delivery of the same jewellery of a different (newly requested by the Buyer) size to the Buyer; the amount of the calculated costs will be communicated by the Seller to the Buyer by e-mail.

The exchange of the jewellery for the same jewellery of a different size newly requested by the buyer can only be carried out provided that the buyer has already returned the originally delivered jewellery to the seller and has paid the seller the calculated costs associated with the exchange of the jewellery for the same jewellery of a different size, both the costs associated with the return of the originally delivered jewellery to the seller and the costs associated with the delivery of the jewellery of a different size newly requested by the buyer. The Buyer may pay in advance (by wire transfer based on the Seller’s payment instructions), or “cash on delivery”, or in person at the Seller’s registered office. However, the Seller may, at its discretion, decide in each individual case to bear the costs of the exchange of the jewellery itself.

For the avoidance of doubt, it is stated that the Seller is not obliged to comply with all requests from Buyers to exchange jewellery of a different size and the granting (or not granting) of any request is at the Seller’s sole discretion.

7.2. Jewellery modification

The Buyer is also entitled to ask the Seller (by e-mail, telephone or in person at the Seller’s registered office) to modify the jewellery purchased on the web interface.

The Seller shall comply with such a request if the Buyer has requested the modification of the delivered jewellery within 14 days from the date of delivery of the respective jewellery to the Buyer. However, the Seller may, at its discretion, comply with the Buyer’s request for modification made after the expiry of the 14-day period, even repeatedly.

The Buyer shall bear the costs associated with the modification of the jewellery, as well as the costs associated with the delivery of the jewellery in question for the purpose of its modification to the Seller and the costs associated with the delivery of the modified jewellery back to the Buyer; the Seller shall inform the Buyer of the calculated costs in advance by e-mail. However, the Seller may, at its discretion, decide in each individual case to bear the costs of the modification of the jewellery itself.

The modification of the jewellery in accordance with this clause can only be carried out provided that the buyer has paid the seller the calculated costs of the modification of the jewellery in question, as well as the calculated costs associated with the delivery of the jewellery in question to the seller and the costs associated with the delivery of the modified jewellery back to the buyer. Payment may be made by the Buyer in advance (by wire transfer based on the Seller’s payment instructions), or by “cash on delivery”, or in person at the Seller’s registered office.

In case of modification of the jewellery, the jewellery in question becomes goods in the mode of “custom production”, i.e. goods modified according to the Buyer’s requirements or goods produced for the Buyer’s person, and for this reason the Buyer is not entitled to withdraw from such contract without stating reasons in accordance with the procedure under paragraph 6.7 of these Terms and Conditions.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174b of the Civil Code). The provisions of Sections 2106 and 2107 on rights of defective performance do not apply. We will proceed in accordance with our Complaints Procedure when exercising rights based on defective performance. Please read the Complaints Procedure thoroughly before sending a complaint so that the complaint can be settled as quickly as possible and to your satisfaction.

9. FURTHER INFORMATION FOR CONSUMERS

9.1. What authorisations do we have to carry out our activities?

We are authorised to sell goods on the basis of a trade licence. Our activity is not subject to other authorization.

9.2. How do we handle complaints?

Any complaints are handled via our contact email. We will then deal with the complaint and try to resolve it without undue delay after receiving it. You can also contact the relevant trade office or the Czech Trade Inspection Authority.

Control of compliance with Act No. 539/1992 Coll., on hallmarking and testing of precious metals, as amended, is carried out by the Assay Office (www.puncovniurad.cz).

9.3. What rights do you have in the event of a consumer dispute?

If you are a consumer and if a dispute arises between us under the contract that we are unable to resolve directly, you have the right to refer the dispute to Czech Trade Inspection (address: Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: [email protected]; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Pod Altánem 99/103; 100 00 Prague 10 – Strašnice, web interface: www.konzument.cz, electronic contact: [email protected], telephone: +420 261 263 574) in order to resolve a consumer dispute out of court. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods or services you have purchased from us and to find an ADR entity.

10. REGISTRATION ON THE WEB INTERFACE

10.1. How can you register on the web interface?

By registering via the registration form on the web interface, a user account is created. In the registration form, you must fill in the required data, in particular your first name, last name and contact e-mail. A username and password are required to access the user account. Keep the user account access details confidential. We are not responsible for any misuse of the user account by a third party.

The information provided at registration must be true and complete. We may cancel an account that was created using false or incomplete information without refund. In the event of any changes to your details, we recommend that you amend them in your user account without delay.

10.2. What is a user account for?

Through your user account you can primarily order goods, track orders and manage your user account. Any additional functions of the user account are always listed on the web interface.

10.3. When can we cancel your user account?

Please note that we have the right to terminate your user account without refund if your account is used in violation of good practice, applicable law or these Terms and Conditions. Cancellation of your user account will also occur if no new orders have been placed for a period of two years since your last order.

11. REVIEWS

11.1. Who can add a review?

All user reviews on the web interface are written by our actual customers, to whom we have delivered the goods they requested on the basis of the order they placed.

Adding reviews is only possible after completing the purchase on the web interface, via a link sent to the customer via email or via the user account on the web interface.

The web interface may also publish reviews that have been published by our customers on public internet services, in particular Google, Heureka and Firmy.cz.

11.2. How do we verify reviews?

We verify every review before it is published. Only customers who have completed a purchase on the web interface can post a review.

Before taking and publishing reviews from the above public internet services on the web interface, we verify that the reviews have been written by our actual customers.

If we discover that a review has been created by someone who has not made a purchase on the web interface, we are entitled to remove such review or not publish it.

We do not verify the reviews posted on our web interface in any way.

12. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

12.1. Is the content of the website protected by copyright?

The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

12.2. Responsibility and use of the web interface

We are not liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the functionality of the system or place an unreasonable load on the system.

If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages that have been proven to have been caused by your conduct pursuant to this paragraph.

Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.

12.3. What else should you know?

When concluding a contract, means of distance communication (in particular the internet) are used. You are responsible for the costs incurred when using means of distance communication (in particular the cost of the internet connection or telephone calls). These costs do not differ from the normal rate.

Unless otherwise agreed, all correspondence relating to the Contract between us shall be in writing, either by e-mail, registered post or personal delivery. For our part, we will deliver to the e-mail address specified in the order or in your user account.

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.

 

These terms and conditions are valid and effective from 30. 10. 2023.