Terms, Conditions & Privacy

Barbora Hankeová, DiS.
ID: 08934550
with registered office at Masečín 206, 252 07, Štěchovice
e-mail: haankejewelry@gmial.com
phone: +420 739 002 666

This is translated version of Czech terms & conditions:

These general terms and conditions (hereinafter also GTC) apply to purchases in the online store https://haankejewelry.com/, which is operated by Barbora Hankeová, DiS., IČ: 08934550 , with its registered office at Masečín 206, 252 07, Štěchovice . These GTC regulate the relations between the Buyer and the Seller in the area of sale of goods between Barbora Hankeová, DiS., IČ: 08934550 , with its registered office at Masečín 206, 252 07, Štěchovice(hereinafter referred to as the “Seller”) and its business partners (hereinafter referred to as the “Buyer”). All contractual relations are concluded in accordance with the legal order of the Czech Republic. By placing an order, the buyer confirms that he has read these terms and conditions, of which the complaint procedure forms an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

SELLER

The seller is Barbora Hankeová, DiS., IČ: 08934550 , with its registered office at Masečín 206, 252 07, Štěchovice.

BUYER

The buyer is a consumer or entrepreneur. The Consumer is a natural person who, in concluding and fulfilling the Purchase Agreement with the Seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. At the beginning of the business relationship, the Consumer provides the Seller only with his contact details, which are necessary for the smooth execution of the order, or the data he wants to have stated on the purchase documents. Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations. Entrepreneur means: a person registered in the Commercial Register (especially a commercial company), a person who conducts business on the basis of a trade license (self-employed person registered in the Trade Register), a person who conducts business on the basis of a license other than a trade license. professions such as advocacy, etc.), and a person who carries out agricultural production and is registered in accordance with a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act no. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. The individual Agreement of the Seller with the Buyer is superior to the business conditions.

CONSUMER AGREEMENT

Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier on the other hand, resp. The Seller. The Seller is not obliged to enter into a purchase agreement with persons who have previously materially breached their obligations to the Seller. The listed prices are in CZK and are final.

PROCESSING OF PERSONAL DATA

All handling of Buyers' personal data is governed by the laws of the Czech Republic. The Buyer, by his free decision (by pressing the Send Order button), indicates that he is aware of all the above facts and agrees to the further processing of his personal data for the purposes of the business activities of the operator of this e-shop. Personal data The seller does not pass on to any other person. Exceptions are external carriers to whom personal data of customers are transferred to the minimum extent necessary for the delivery of goods. The provision of personal data is voluntary, the Buyer has the right to access his data and is entitled to protection of rights to the extent provided by law. The Buyer may revoke this consent at any time in writing. Personal data is fully secured against misuse. The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the Seller. If the Buyer wishes to correct the personal data that the Seller processes about him, he can request it at the email address haankejewelry@gmail.com.

The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, production and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store in accordance with Regulation (EU) 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed - payment data, etc. ).

The legal basis for the processing of personal data is, in accordance with Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party.

Categories of recipients / recipients of personal data

The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:

a) to the contractual carrier, chosen by the buyer in the order form, for the purpose of delivery of goods, the data being provided in the following scope: name, surname, address, e-mail, telephone number;

Storage time

Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or for the duration of the provided contractual guarantee.

The Buyer acknowledges that the administrator is obliged under § 31 of the Accounting Act (No. 593/1991 Coll.) To keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2020, the invoice must be kept by the end of 2025). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods in during 2020, the invoice must be kept for tax purposes until the end of 2023). The invoice contains the following personal data: name, surname and address.

The Buyer also acknowledges that the administrator is obliged under § 35 of the Value Added Tax Act (No. 235/2004 Coll.) To keep tax documents for 10 years from the end of the tax period in which the performance took place (ie if you buy goods during 2020, the invoice must be kept by the end of 2030). The tax document contains the following personal data: name, surname and address.

Buyer's rights in relation to personal data

The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR, he has the right to:

(a) to have access to personal data consisting of the right to obtain confirmation from the controller as to whether or not the personal data concerning him are being processed and, if so, to have access to that personal data and to the information specified in Article 15 GDPR;

b) to correct inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;

c) deletion ("right to be forgotten"), which consists in the controller deleting without undue delay personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legal reason for their further processing ;

(d) to limit the processing of personal data in the cases defined in Article 18 of the GDPR;

(e) the portability of data under the terms of Article 20 of the GDPR;

(f) object to the processing of personal data pursuant to Article 21 of the GDPR.

The administrator shall provide the buyer, upon request, with information on the measures taken in any case no later than one month from the receipt of the request.

In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area, and file a complaint.

ORDER AND CONCLUSION OF THE CONTRACT

The Buyer is entitled to send the order to the Seller only through the e-shop ordering system. The proposal for concluding the Purchase Agreement is the placement of the offered goods by the Seller on the website, the Purchase Agreement is created by sending the order by the Buyer to the consumer and acceptance of the order by the Seller. The Seller shall immediately confirm this acceptance to the Buyer by an informative e-mail to the specified e-mail, however, this confirmation does not affect the creation of the Contract. The resulting Contract (including the agreed price) may be amended or canceled only by agreement of the parties or on legal grounds. These GTC are made in the Czech language, while the purchase contract can also be concluded only in the Czech language. A consumer who has a permanent residence in a Member State of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude a purchase contract in the Czech language. After concluding the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 5 years from the date of its signing.

PRICE AND PAYMENT

The offer and prices stated on the seller's e-shop are contractual, final, always current and valid, for as long as they are thus offered by the seller in the online store. Shipping costs are listed in the section "Delivery time and delivery conditions". The costs of using means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already listed, including shipping. The price stated for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Contract between the seller and the buyer. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can take over the goods in principle only after full payment, unless otherwise agreed. In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller shall immediately return the performance to the Buyer in the agreed manner. The time limit for the return of the funds spent depends on the chosen method of their return, but may not exceed a period of 30 days from the moment when this impossibility arose. The goods remain the property of the seller until full payment. The seller accepts the following payment terms:

Online card payment

DELIVERY TIME AND TERMS OF DELIVERY

The Seller will fulfill the delivery of the goods by handing over the goods to the Buyer, or by handing over the goods to the carrier, thus also passing the risk of damage to the goods to the Buyer. Product availability is always stated in the detail of the product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 30 days. We ship the goods that are in stock within 3 working days from the payment of the full amount of the purchase price, ie from the crediting of the relevant amount to the Seller's account. For goods that are on order, the delivery time depends on the information provided in the product detail after payment of the full amount of the purchase price, ie from the crediting of the relevant amount to the Seller's account. The Buyer will receive a tax document / invoice together with the shipment.

Personal collection is possible by prior arrangement in Prague. The collection date depends on the type of product ordered, the availability of the product is always stated in the detail of the jewelry. Products in stock will be available for collection the next business day at the latest. For goods that are on order, the specific date will be specified.

WARRANTY AND SERVICE

When selling consumer goods, the warranty period is 24 months. If the period of use of the item, its packaging or the instructions attached to it is marked in accordance with special legal regulations, the warranty period expires at the end of this period. The warranty does not cover wear and tear caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the buyer. In accordance with the applicable law of the Czech Republic, the Buyer, who is an entrepreneur and buys goods in connection with business, is not provided with a guarantee for the goods outside the Seller's general liability for defects in the goods upon delivery. Buyers who are entrepreneurs and buy goods in connection with their business activities are provided with a warranty period of 12 months. An invoice must be submitted to claim the warranty repair. If the goods are sent to the Seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport. The Seller provides the Buyer with post-warranty service. The repaired goods will be sent to the Buyer via the Czech Post, while a postage fee of CZK 100 will be charged to the price of the repaired goods.

COMPLAINT

The warranty period is 24 months for natural persons and 12 months for legal entities. The invoice serves as a guarantee certificate. The warranty does not cover wear and tear caused by its use. The buyer is obliged to file a complaint immediately after the defect. In the event of a demonstrable manufacturing defect, the Buyer has the right to repair or replace the goods. Complaints do not apply to cases: if there is a defect or damage caused by demonstrable misuse, contrary to the instructions for use or other misconduct of the Buyer and demonstrable tampering with the goods and defects caused by normal wear and tear of consumer goods. In the case of such damaged goods, the Seller may proceed to repair the goods for the agreed amount, if repair is possible. The claimed goods must be sent properly packed against damage during transport. The costs associated with sending the claimed goods to us are borne by the Buyer. In the case of a positive settlement of the complaint, the repaired or exchanged goods are sent to the customer back at the expense of the Seller. The maximum time for handling a complaint is set by law at 30 days.

CONTRACT TERMINATION

Due to the nature of concluding the Purchase Agreement through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., The Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and enters into a Purchase Agreement in connection with its business activities. Furthermore, the above does not apply to goods that have been created to order.

In the event of the above-mentioned withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will inform the Seller for this purpose and return the purchased goods to the Seller. The Seller has the right to withdraw from the Contract if the Buyer does not pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract. In the case of returning the goods to the Buyer to the Seller within 14 days, the Buyer pays the postage costs.

FINAL PROVISIONS

The Buyer will enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which it will develop all necessary cooperation. The Buyer undertakes to reimburse all costs incurred by the Seller by sending reminders and costs associated with the recovery of any receivables. The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party. The Buyer will immediately inform the Seller about the change of its identification data, no later than within 5 working days from the day when such a change occurred. The Parties undertake to make every effort to settle amicably any disputes arising out of or in connection with the Agreement and / or the GTC. The mutual obligation of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., The Civil Code, as amended. For the purposes of contracting with an international element hereby in accordance with Article III. Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (hereinafter referred to as “Rome I”), that they chose Czech law as the law applicable to the Purchase Agreement and these GTC, namely excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI of Rome I, concerning consumer contracts. In the event that any provision of the Agreement and / or the GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision which will have, to the extent possible, the same and legally permissible meaning and effect as the intention of the provision to be replaced. By law, the Contracting Parties hereby declare, in cases of contracting with an international element, for any disputes (other than disputes in which the arbitrator has exclusive jurisdiction and / or in connection therewith) or for cases in which a final court decision would be found, that there is no competence of an arbitrator under this article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, exclusive jurisdiction of the municipal court in deciding on all future disputes under the Contract and / or the GTC and / or in connection with them. The Contracting Parties hereby also establish the exclusive jurisdiction of the Municipal Court in. These GTC come into force and effect on March 25, 2020 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC then cease to be valid and effective on the day the GTC comes into force later.

GOLD OR SILVER SALE CLAUSE

Except in cases where withdrawal from the contract is explicitly agreed, the Buyer-Consumer may not withdraw from the contract for the sale of gold or silver without giving a reason, as the price of these goods depends on financial market fluctuations independently of the supplier's will, all in accordance with § 53 paragraph 8 of Act No. 40/1964 Coll., Civil Code, as amended. The seller is registered with the Punching Office, registration number:

Currently used Czech hallmarks for gold, silver and platinum goods.