Terms and Conditions

General Terms and Conditions

1. Introductory Provisions

1. These General Terms and Conditions (hereinafter referred to as "GTC" or also "Terms and Conditions") apply to purchases in the online store operated on the website located at the Internet address: www.suska.cz/store and govern the mutual rights and obligations of the Seller, who is: 

Ak. Soch. Čestmír Suška

VAT No.: CZ520104100

with the registered office at: Bílkova 856/18, Prague 1, 110 00

e-mail: cestmir@suska.cz

Telephone No.: +420 604200938

and a natural person or a legal entity (hereinafter referred to only as: "the Purchaser"), who enters into a Purchase Agreement with the Seller, in particular through the aforementioned online store (hereinafter referred to only as: "the Purchaser"). 

1. Information on Goods and Prices

1. Information about the goods, including the prices of the individual items and their main characteristics, is provided for each individual item on the website of the online store. The prices of the goods are inclusive of value added tax. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a Purchase Agreement on individually agreed terms.

1. All presentation of goods on the web interface of the store is for information purposes only and the Seller is not obliged to conclude a purchase agreement in respect of these goods. Section 1732 (2) of the Civil Code shall not apply.

3 Information on the costs associated with the packaging and delivery of the goods is published in the online store. This information applies only in cases where the goods are delivered within the territory of the Czech Republic.

4 The Seller shall not be liable to the Purchaser for any damage caused by the unavailability of the web interface of the online store; the Purchaser is entitled to contact the Seller at his registered office in any other commonly available way in case of unavailability of the website.

1. Order and Conclusion of the Purchase Agreement

1. Costs incurred by the Purchaser when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of the Internet connection, costs of telephone calls) shall be borne by the Purchaser. These costs shall not differ from the basic rate.

1. The Purchaser shall order the goods in the following ways:

• Via their customer account if they have previously registered in the online store,
• By filling in the order form without registration.

1. When placing an order, the Purchaser chooses the goods, the number of items, the method of payment and delivery.

1. Before sending the order, the Purchaser is allowed to check and change the data they have entered in the order. The Purchaser sends the order to the Seller by clicking the button "pay – order binding for payment". The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Purchaser's confirmation that they have read these Terms and Conditions.

1. Immediately upon receipt of the order, the Seller shall send the Purchaser a confirmation of receipt of the order to the email address provided by the Purchaser when placing the order. The Purchase Agreement is concluded by the confirmation of the order by the Seller sent to the Purchaser's email address.

1. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send an amended offer to the Purchaser's email address. The amended offer shall be deemed to be a new draft of the Purchase Agreement and the Purchase Agreement shall be concluded in such a case by the Purchaser's confirmation of acceptance of this offer sent to the Seller’s email address specified in these Terms and Conditions.

1. All orders accepted by the Seller shall be binding. The Purchaser may cancel an order until the Purchaser has received notification of acceptance of the order by the Seller. The Purchaser may cancel an order by contacting the Seller via his telephone number or email set out in these Terms and Conditions.

1. In the event that there is an obvious technical error on the part of the Seller in quoting the price of the goods in the online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Purchaser at such obviously incorrect price even if the Purchaser has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Purchaser of the error without undue delay and shall send the Purchaser an amended offer to the Purchaser's email address. The amended offer shall be deemed to be a new draft of a Purchase Agreement and the Purchase Agreement shall be concluded in such a case by confirmation of its acceptance on the part of the Purchaser sent to the Seller's email address.

1. Correctness of Information

1 When ordering goods, the Purchaser is obliged to provide all the information correctly and truthfully. The information provided by the Purchaser when ordering the goods shall be deemed correct by the Seller.

1. Payment Terms and Delivery of Goods

1. The prices of the goods quoted on the Seller's e-store are contractual, final (including all taxes and charges), always current and valid for as long as they are offered by the Seller in the online store.

1. The Purchaser may pay the price of the goods and any costs associated with the delivery of the goods pursuant to the Purchase Agreement in the following ways:

• By wire transfer to the Seller's bank account 
• By wire transfer using a credit card
• In cash upon personal collection at the place of business

1. Together with the purchase price, the Purchaser is obliged to pay the Seller the costs associated with the delivery of the goods (transport) in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. The e-store also sends shipments outside the Czech Republic.

1. In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of a wire transfer, the purchase price is due within 3 days from the conclusion of the Purchase Agreement.

5 The Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Purchaser. Section 2119 (1) of the Civil Code shall not apply.

6 In the case of a wire transfer, the Purchaser's obligation to pay the purchase price is fulfilled when the respective amount is credited to the Seller's bank account.

7 With the exceptions agreed between the Seller and the Purchaser in the case of orders for custom-made goods, the Seller does not require any advance payment from the Purchaser. Payment of the purchase price prior to shipment of the goods shall not constitute a deposit.

8 According to the Sales Records Act, the Seller is obliged to issue a receipt to the Purchaser. At the same time, the Seller is obliged to register the received sales with the tax authorities online, and in case of technical failure within 48 hours at the latest.

9 The goods are delivered to the Purchaser:

• To the address specified by the Purchaser in the order,
• By personal collection at the Seller's place of business.

10 The choice of delivery method is made during the ordering of goods in the online store. The goods are sent by the Seller in the form of insured letter/parcel (i.e., they are delivered in special packaging, under special security measures, with a 100% delivery guarantee and with consignment insurance).

11 The cost of delivery of the goods depending on the price of the goods, the method of dispatch and the receipt of the goods are specified in the Purchaser's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Purchaser's specific request, the Purchaser shall bear the risk and any additional costs associated with this method of delivery.

12 If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Purchaser in the order, the Purchaser is obliged to accept the goods upon delivery. In the event that, for reasons on the Purchaser's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Purchaser is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

13 Upon receipt of the goods from the carrier, the Purchaser is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event of a damaged packaging indicating unauthorized intrusion into the consignment, the Purchaser does not have to accept the consignment from the carrier.

14 The Seller shall issue an invoice to the Purchaser. The invoice issued by the Seller to the Purchaser on the basis of the Purchase Agreement shall also serve as a delivery note and warranty certificate and its original shall be handed over to the Purchaser together with the delivered goods.

15 The Purchaser acquires ownership title to the goods by paying the full purchase price for the goods, including delivery costs, however, not before accepting the goods. Liability for accidental destruction, damage or loss of the goods passes to the Purchaser at the moment of acceptance of the goods or at the moment when the Purchaser was obliged to accept the goods but failed to do so in breach of the Purchase Agreement.

1. Withdrawal from the Purchase Agreement

1. Paragraphs 2 to 10 hereof apply only to cases where the Purchase Agreement is concluded between the Seller and the Purchaser who meets the characteristics of a consumer pursuant to Section 419 of the Civil Code (hereinafter referred to also only as the "Consumer"). If the Purchaser is not a Consumer, the provisions of this Article shall not apply.

1. The Consumer notes that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a Purchase Agreement for the supply of goods which have been adapted to the wishes of or for the Purchaser, from a Purchase Agreement for the supply of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery, from a Purchase Agreement for the supply of goods in sealed packaging which goods the Consumer has removed from the packaging and which cannot be returned for sanitary reasons, and from a Purchase Agreement for the supply of an audio or visual recording or a computer software if the Consumer has damaged the original packaging.

1. Except in the case referred to in paragraph 2 above or any other case in which the Purchase Agreement cannot be withdrawn from, the Consumer has the right to withdraw from the Purchase Agreement within 14 days from the date of the acceptance of the goods without giving any reason and without any penalty, in accordance with Section 1829 et seq. of the Civil Code. In the event of withdrawal from the Purchase Agreement, the Purchase Agreement shall be rendered void from the outset.

4 To withdraw from the Purchase Agreement, the Consumer may use the sample withdrawal form provided by the Seller. The Consumer shall send the notice of the withdrawal from the Purchase Agreement to the email or delivery address of the Seller specified herein. In order to meet the withdrawal deadline, the Consumer must send the withdrawal statement within the withdrawal period.

5 In case of exercising the right of withdrawal, the Consumer shall, within 14 days of acceptance of the goods, send or hand over to the Seller without undue delay, the goods received from the Seller, including all their parts and accessories. The costs of returning the goods shall be borne by the Consumer.

6 If the Consumer withdraws from the Purchase Agreement, the Seller shall return to the Consumer, without any delay, but no later than 14 days from the withdrawal, all monies, including delivery costs, received from the Consumer in the same manner. The purchase price shall be wire-transferred to the account specified by the Consumer in the withdrawal, otherwise to the account from which the payment was received. The Seller shall only return the Consumer’s funds to the Consumer in another way if the Consumer agrees and if the Seller incurs no additional costs by doing so.

7 If the Consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

8 If the Consumer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received funds to the Purchaser before the Consumer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.

9 The Consumer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage to the goods against the Consumer's claim for a refund of the purchase price.

10 In cases where the Consumer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Consumer has accepted the goods. In such a case, the Seller shall refund the purchase price to the Consumer without undue delay, namely by a wire transfer to the account designated by the Consumer.

11 The Seller shall be entitled to withdraw from the Purchase Agreement due to a stockout or unavailability of the goods. The Seller shall promptly inform the Purchaser via the email address specified in the order and shall return all funds, including delivery costs, received from the Purchaser under the Purchase Agreement within 14 days of notification of withdrawal from the Purchase Agreement in the same manner or in the manner specified by the Purchaser.

1. Rights Arising from Defective Supplies

1. The rights and obligations of the parties to the Purchase Agreement with regard to rights arising from defective supplies are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.

2 The rights arising from defective supplies are exercised by the Purchaser at the address of the Seller's place of business . The moment of making claim is considered to be the moment when the Seller received the claimed goods from the Purchaser. The Seller is obliged to issue to the Purchaser a written confirmation of when the Purchaser exercised the right, what is the content of the claim and what method of handling the claim the Purchaser requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or written justification of the rejection of the claim.

3 The Seller shall decide on the claim immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The claim, including the removal of the defect, must be settled without any delay, within 30 days from the date of the complaint at the latest, unless the Seller and the Purchaser agree on a longer period.

4 The Seller shall inform the Purchaser in writing of the outcome of the claim.

5 The Purchaser shall not be entitled to the right arising from defective supplies if the Purchaser knew, before accepting the item, that the item had a defect or if the Purchaser caused the defect themselves.

6 In the case of a justified claim, the Purchaser is entitled to compensation for reasonable costs incurred in connection with the claim.

1. Delivery of Notices

1. The parties may deliver all written correspondence to each other by electronic mail. 

1. The Purchaser shall deliver correspondence to the Seller at the email address specified herein. The Seller shall deliver correspondence to the Purchaser at the email address specified in the Purchaser's customer account or order.

1. Settlement of Disputes

1. Consumer complaints are handled primarily by the Seller via electronic mail. The Seller shall send information about the handling of the Purchaser's complaint to the Purchaser's electronic address.

1. Relationships and any disputes arising under the Purchase Agreement shall be governed exclusively by the law of the Czech Republic and shall be resolved by the courts with the local jurisdiction in the Czech Republic. The Purchase Agreement and the GTC are drawn up in the Czech language; the Purchase Agreement can only be concluded in the Czech language.

1. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, Internet address: https://adr.coi.cz/cs, has jurisdiction to provide out-of-court resolution of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Purchaser under the Purchase Agreement.

1. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, 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 online dispute resolution for consumer disputes).

1. Final Provisions

1. These GTC are an integral part of the Purchase Agreement and the Purchaser confirms that they have read them and agree to them by concluding the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

1. Legal relations between the Seller and the Purchaser not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, as well as related regulations, as amended. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic.

1. All rights to the Seller's website, in particular the copyrights concerning the content, including the page layout, photos, graphic design, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

1. All types and shapes of the Seller's jewellery are copyrighted! Photographs of jewellery may only be copied with the permission of the author.

1. The Purchaser's rights and obligations regarding data protection and data processing can be found on the Seller's website in the "Personal Data Protection Policy" section.

1. The Seller shall not be liable for errors resulting from the intervention of third parties or parties in the online store or from its use contrary to its intended purpose.

1. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
2. Seller's contact details: delivery address: Tělovýchovná 748, Praha 5 - Řeporyje, 155 00, email address: suska@store.cz, telephone No.: +420 734375692.
3. The Purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

10 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

11 A sample withdrawal form is attached to the Terms and Conditions.

12 Should any provision of these Terms and Conditions be invalid or ineffective for any reason, this shall not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective.

13 These Terms and Conditions shall come into force and effect on 1 January 2024 and are available at the Seller's registered office or electronically at https://www.suska.cz/cs/shop-public.page/terms.

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