GENERAL TERMS AND CONDITIONS

I.
BASIC PROVISION

These General Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions") are governed by Czech law in particular by Act No. 89/2012, Civil code (hereinafter referred to as "Civil code").

YUDC s.r.o.
Company ID: 03793532
Company VAT ID: CZ03793532

with registered office: Lindleyova 2689/3, 160 00 Prague 6, Czech Republic
registered in the Commercial Register at the Municipal Court in Prague, file No. 237129 C

e-mail: info@diamondspot.cz
phone number: +420 778 880 111
web: www.diamondspot.eu
(hereinafter referred to as the "seller")

These Terms and Conditions determine the mutual rights and obligations of the seller and you Natural or Judical person, who enters into a purchase contract outside his business as a consumer (hereinafter "buyer") through a web interface located on the website available at: www.diamondspot.eu (hereinafter referred to as the "online store").

The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.

These terms and conditions and the purchase contract are concluded in the Czech language.

IMPORTANT TERMS

Goods "IN STOCK" are goods that we have in stock and are ready to be shipped. Exact product specifications are available.

Goods "ON ORDER" - goods that are not currently in stock and are available to order. These goods will be manufactured at the request of the buyer, therefore the product specifications may differ from the specifications stated on our website.

II.
INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including the prices of individual goods and their main properties, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.

All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.

Information on the costs associated with the packaging and delivery of goods is published in the online store. We reserve the right to make errors and changes to our website.

Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

GIFT VOUCHER

Diamond Spot voucher is not a check, credit, debit or any other payment card. It can only be used to buy jewellery or blisters with precious stones exclusively in our Diamond Spot stores in the country in which it was purchased and cannot be exchanged for cash. If the amount on your gift voucher is lower than the value of the selected jewellery or blister, the difference can be paid in cash or by credit card at the time of purchase. The gift card is valid only in our Diamond Spot brand stores and will be considered invalid after use. Only Diamond Spot jewellers issues a certified gift voucher that meets all protection criteria. The gift voucher is valid for one calendar year from the date of purchase.

III.
ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT

The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.

The buyer orders the goods by filling out the order form without registration.

When placing an order, the buyer selects the goods by adding them to the shopping cart using the BUY button. The products in the shopping cart can be displayed without obligation using the icon for the shopping cart. The goods can be removed from the shopping cart using the X button. After pressing the CHECK OUT button, the buyer selects the method of payment and delivery and enters his personal and contact details.

Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the ORDER button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these Terms and Conditions.

Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current Terms and Conditions of the seller.

The purchase contract is concluded only after the acceptance of the order by the seller.

Notice of receipt of the order is delivered to the buyer's e-mail address.

In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his e-mail address specified in these Terms and Conditions.

All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone to the phone number or e-mail of the seller specified in these Terms and Conditions.

In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation based on these Terms and Conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the e-mail address of the seller.

IV.
PAYMENT TERMS AND DELIVERY OF GOODS

The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay in the following ways:

goods IN STOCK can be paid by cashless payment card online or in cash or by credit card upon receipt at the jewellery store.

goods TO ORDER can only be paid by cashless payment card online

in the case of ordering goods in STOCK together with goods TO ORDER, it is possible to pay only by cashless payment card online.

Together with the purchase price, the buyer is obliged to pay for the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.

In the case of payment in cash, the purchase price is payable upon receipt of the goods.

In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.

According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.

V.
DELIVERY INFORMATION

The choice of delivery method is made during the ordering of goods.

Personal pick up at the Diamond Spot jewellery store

All orders can be picked up at our jewellery store

Diamond Spot
Masná 699/15
110 00 Prague 1
Czech Republic

during opening hours. Please wait for the email to confirm that your item is ready to be picked up.

All orders for goods IN STOCK received from Monday to Friday (except holidays) will be processed in 2 - 3 working days. Orders placed after 15:00 CET and on Saturday and Sunday will not be processed until the next working day. Goods TO ORDER will be ready within 14 to 60 working days or by agreement. Customers will be notified of the approximate pick-up date. Goods adjusted according to customer requirements will be ready within 5 - 7 working days or by agreement. Unpaid goods will be in the reservation for 3 working days, unless otherwise agreed.

Delivery to the address of the Czech Republic

All orders are sent from our Diamond Spot jewellery store, Masná 699/15, 110 00 Prague, Czech Republic to the Czech Republic via the Czech Post. Shipping, packaging and insurance costs are CZK 129. We reserve the right not to deliver to P.O. Boxes.

All orders for goods IN STOCK received from Monday to Friday (except holidays) will be processed and sent within 2 - 3 working days. Orders placed after 15:00 CET and on Saturday and Sunday will not be processed until the next working day. Goods TO ORDER will be sent within 14 - 60 working days or by agreement. Customers will be notified of the approximate shipping date. Goods adjusted according to customer requirements will be sent within 5 - 7 working days. If your order contains goods TO ORDER, all products will be shipped together, unless otherwise agreed.

Delivery to an address outside the Czech Republic

All orders are shipped from our jewellery store Diamond Spot in Prague, Masná 699/15, 110 00 Prague, Czech Republic to selected countries via DHL or the Czech Post. Shipping, packaging and insurance costs are CZK 950. We reserve the right not to deliver to P.O. Boxes.

All orders for items in STOCK received from Monday to Friday (except holidays) will be processed and shipped within 2 - 3 business days. Orders placed after 15:00 CET and on Saturday and Sunday will not be processed until the next working day. Goods TO ORDER will be sent within 14 - 60 working days or by agreement. Customers will be notified of the approximate shipping date. Goods adjusted according to customer requirements will be sent within 5 - 7 working days. If your order contains goods TO ORDER, all products will be shipped together, unless otherwise agreed.

The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In case it is not possible to deliver the parcel due buyers fault, and it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively, or costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's e-mail address.

The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.

Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI.
WITHDRAWAL FROM THE CONTRACT

A buyer who has concluded a purchase contract outside his business as a Natural consumer has the right to withdraw from the purchase contract. The period for withdrawal from the contract is 14 days from the date of receipt of goods, from the date of receipt of the last delivery of goods if the subject of the contract is several types of goods or delivery of several parts, from the date of receipt of the first delivery of goods if the subject of the contract is regular repeated delivery of goods.

Among other things, the buyer cannot withdraw from the purchase contract:
- on the delivery of goods, TO ORDER - these goods are made according to the wishes of the buyer or for his person
- on the delivery of goods that have been manufactured or modified according to the wishes of the buyer or for his person - adjustment of the size of the ring, adjustment of the length of the necklace, replacement of fastening, replacement of gemstone
- delivery of goods which for hygienic reasons cannot be returned - earrings
- gift gems if the buyer has damage their holographic foil
- for the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
- the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract
- and in other cases specified in § 1837 of the Civil Code.

In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the e-mail or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm to the buyer the acceptance of the form.

The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the address of the establishment:

Diamond Spot
Masná 699/15
110 00 Prague 1
Czech Republic

The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.

If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.

The buyer must return the goods to the seller undamaged, without signs of wear, damage or any modification and uncontaminated and in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

YUDC s.r.o. reserves the right to verify the authenticity of the product.

The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.

VII.
WARRANTY FOR DEFECTIVE PERFORMANCE

The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of seller's advertising, the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used, the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model, the goods are in the appropriate quantity, measure or weight; and the goods comply with the requirements of legal regulations.

The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.

If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.

The provisions set out in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.

In the event of a defect, the buyer may submit a complaint to the seller and request an exchange for new goods, repair of goods, a reasonable discount on the purchase price, withdrawal from the contract. The buyer has the right to withdraw from the contract if the goods have a material defect, if he can not use the thing properly for the recurrence of the same defect or defects after repair, with a larger number of defects of the goods. Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach. In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.

If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange of goods or withdraw from the contract.

When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.

If repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.

If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.

The buyer cannot claim discounted goods for the reason for which the goods are discounted.

The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.

Any warranty claim must be sent to our store in Prague in writing and by a registered mail, immediately upon discovery of the defect. The letter must include a detailed description of the defect.

Diamond Spot
Masná 699/15
110 00 Prague 1
Czech Republic

The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. YUDC s.r.o. reserves the right to verify the authenticity of the product.

Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.

The seller informs the buyer in writing about the result of the complaint.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the product that the product has a defect, or if the buyer caused the defect himself. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.

The buyer has the choice of the method of complaint.

The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.

VIII.
CORRESPONDENCE

The Contracting Parties may deliver all written correspondence to each other by electronic mail.

The buyer delivers correspondence to the seller to the e-mail address specified in these Terms and Conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his order.

IX.
PERSONAL DATA

All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer's data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

More detailed information on personal data protection can be found in the Privacy Policy HERE.

X.
OUT-OF-COURT SETTLEMENT OF CONUSMER DISPUTES

The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs.

The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21. May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).

The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.

XI.
FINAL PROVISIONS

All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.

The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.

The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

The wording of the Terms and Conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

Attached to the Terms and Conditions is a sample form for withdrawal from the contract.

XII.
HALLMARKS

YUDC s. r. o. is registered at the Czech Assay Office.

Below you will find a list of used hallmarks:

Our responsibility mark:



National and convention hallmarks used in our jewellery:





XIII.
FINAL STATEMENT

The entire site, including text, design, graphics, logos, images, code and software, is the sole property of YUDC s. r. o. The site may only be used for your personal use, not for commercial purposes. You may not copy, distribute or modify any of the materials on this website, otherwise you will violate these Terms and Conditions and you may violate copyright and trademark laws. In addition, you may not use the Website in any way that is considered harmful, deactivating or disruptive, or engage in the use of the Website by a third party.

XIV.
GENERAL RULES FOR HANDLING JEWELLERY

Every piece from Diamond Spot is manufactured by the best jewellers with special attention, precision, and love. Our jewellery is carefully selected and designed using gold Au 585/1000 or Au 750/1000 with diamonds, pearls, precious and semi-precious stones, which deserve special attention because of their value.

Please, carefully check your jewellery during hand over. Jewellery requires special care. We kindly ask you to follow the rules for maintaining.

Make sure to take off your jewellery before taking a bath or activities, where your jewellery can get in contact with water or any chemicals. Please do not spray perfumes and deodorants directly on the jewellery. We recommend take off your jewellery before sleep and any physical activity, in order to avoid mechanical damages.

For cleaning jewellery you can use soft tissue, mild soap solution, and water. After you rinse your jewellery with water, leave it to dry on a soft towel. Use of professional tissue for cleaning gold is highly recommended. The best maintenance for pearls is to wear them. The more you wear them, the better. They like natural humidity and contact with your skin. Clean your pearls with soft cotton textile.

Keep your jewellery in a manner that you avoid scratches and other mechanical damages. For more information visit Jewellery Care Instructions.

These Terms and Conditions take effect on November 1, 2020