GENERAL PROVISIONS

These terms and conditions govern the mutual rights and obligations of the seller - MgA. Dita Lešovská, with its registered office at 18200 Prague 8, Kubišova 921/15, ID:XXXX, doing business under the Trade Licensing Act, and the buyer arising on the basis of or in connection with the purchase contract concluded with them through the seller's online store. These relations are governed in particular by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

SELLER. The seller is a person who, when concluding and fulfilling the contract, acts within the scope of his commercial and entrepreneurial activities and who supplies the buyer with goods.

 BUYER. Buyer is a person who orders goods from the Seller and concludes a purchase contract with the Seller through the Seller's e-shop.

CONSUMER. A consumer is a buyer who purchases goods or uses services and is not acting in the course of his business or in the independent exercise of his profession.

The Buyer may order goods via the order form on the website https://ditalesovska.com/eshop. By placing an order, the Buyer confirms that he has read these terms and conditions, that he is aware that the relations between the Seller and the Buyer are governed by these terms and conditions, which are binding on the parties, and that he agrees with these terms and conditions.

The Buyer is obliged to provide true information required by the Seller in the order so that the purchase contract can be properly concluded.

PURCHASE CONTRACT

The display of goods on our e-shop is considered an invitation to submit offers and the order of goods is considered a proposal to conclude a purchase contract. The Seller is not bound by the display of goods on its website and the purchase contract is concluded by the Seller's acceptance and confirmation of the Buyer's order. Application of the provisions of Section 1732, para. 2 of the Civil Code is excluded for the purposes of regulating the relations between the seller and the buyer in accordance with the law.

PRICES, DELIVERY OF GOODS AND PAYMENTS

The prices of goods and postage are final prices including the current amount of value added tax (VAT). The price of goods in the online store and the price in a physical store or in the seller's studio or at an exhibition or other sales event may differ. In the event of stock exhaustion, the buyer will be informed of this fact immediately and will be allowed to tell the seller whether he requires the delivery of replacement goods or cancellation of the order.

The shipping price is stated in the online store when placing the order and is always set for a specific country. In the event of a buyer's request for special delivery and if the seller complies with it, the seller may charge special costs for such delivery. The shipping options are also set in the online store when the order is placed.

The ordered goods are always shipped only after payment has been made. The Seller informs the Buyer that the goods offered by him are exclusive, handmade from precious metals and valuable natural materials and, accordingly, are produced in limited quantities. If the goods are not in stock, the Seller will inform the Buyer and the delivery time may be several weeks or it will not be possible to process the order. Otherwise, the Seller sends the goods to the Buyer without undue delay after confirming the order and payment. The Seller also informs the Buyer that due to the handmade production of the goods and the fact that each individual piece is an original, the ordered product may differ slightly from the photo in the e-shop.

The goods can be paid for in the currency and by the methods specified directly in the e-shop. The Seller may request a fee from the Buyer in connection with the payment method used, not exceeding the direct costs incurred by the Seller in connection with this payment method.

LIABILITY FOR DEFECTS AND COMPLAINTS

The Seller is responsible to the Buyer that the item is free of defects upon receipt and that at the time the Buyer received the item and that the item complies with the requirements of legal regulations, with the proviso that if a defect becomes apparent within six months of receipt, the item is deemed to have been defective upon receipt.

If the goods are not accompanied by a warranty certificate, a tax document serves to make a claim.

The risk of damage to the goods passes upon delivery/receipt of the goods, with the proviso that the Buyer is not obliged to accept the goods in the event of obvious damage to the goods or their packaging. The Buyer must record the damage on site or enter it in the carrier's consignment note (protocol) and the Buyer must inform the Seller without undue delay.

The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt, unless a longer period is specified on the goods or their packaging. When making a complaint in writing, the buyer shall provide a precise description of the defect, what is required and his contact details.

The buyer's claims for a complaint shall not apply to wear and tear of the item caused in particular in the event of mechanical damage to the item by the buyer or demonstrably unauthorized interference with the goods. Also demonstrably incorrect use, use contrary to the instructions specified on the Jewellry Care card. After the complaint has been settled, the seller shall inform the buyer by e-mail.

WITHDRAWAL FROM THE CONTRACT

The buyer may withdraw from the contract within 14 days of taking over the goods or the last part of the delivery, regardless of the method of taking over the goods or making the payment. The specified period is intended to allow the buyer to familiarize himself with the nature, properties and functionality of the goods to a reasonable extent. The buyer is entitled to withdraw from the contract at any time before the delivery of the goods. The buyer does not have to state the reason for withdrawing from the contract. Please note that it is not possible to withdraw from the contract for the delivery of goods that have been modified according to the wishes of the buyer or for his person.

The seller is obliged to return to the buyer an amount fully corresponding to the price of the goods and the paid costs for their delivery, in the same way as he accepted the payment from the buyer. However, the seller is obliged to replace the buyer with the cheapest possible delivery option. No later than 14 days from the date of withdrawal, the buyer is obliged to send or hand over the purchased goods to the seller. The seller is obliged to refund the buyer for the goods only after the goods have been returned to him. The goods must be returned to the seller complete in their original packaging, and must not show signs of wear or damage. The costs of returning the goods to the seller, including proper packaging of the goods, are borne by the buyer. In order to minimize such possible costs, we recommend using the original packaging.

If the returned goods are damaged due to the buyer's breach of obligations or show signs of wear, the seller is entitled to claim compensation for the decrease in the value of the goods against the buyer and offset it against the amount being refunded.

DATA PROTECTION

According to Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation"), the Seller informs the Buyer that as the data controller, it processes their personal data. The personal data processed includes: name and surname, address, bank account number, email address, phone number, and IP address (network interface identifier). The legal basis for processing personal data is, according to Article 6(1)(b) of the Regulation, the performance of the contract, and additionally, according to Article 6(1)(f) of the Regulation, the protection of the legitimate interests of the Seller as the data controller, and also according to Article 6(1)(c) of the Regulation, compliance with a legal obligation. The purpose of processing personal data is to fulfill obligations under the purchase contract, compliance with public law obligations (accounting, tax, and archival), and communication and offering products and services, including sending information about organized events, products, and other marketing activities of the controller, as well as sending commercial communications. Personal data will be stored for 10 years from the end of the contractual relationship, in accordance with the obligation to archive invoices and contracts based on national accounting and tax legislation. The Seller does not engage in automated individual decision-making within the meaning of Article 22 of the Regulation. Personal data may be processed by a processor based on a contractual relationship with the controller. Personal data will not be transferred to third countries. Under the conditions specified in the Regulation, the Buyer as the data subject has the right to request access to personal data, the right to rectify or erase personal data, or restrict its processing, the right to object to the processing of personal data, and the right to data portability. If the Buyer believes that the processing of their personal data has been or is being conducted in violation of the Regulation, they have the right to lodge a complaint with a supervisory authority. The data subject has the right to object to the processing of personal data. If the Buyer wishes to contact the Seller regarding data protection and/or perform any of the actions mentioned above, they can do so via email at lesovskadita@gmail.com.

CHANGES TO TERMS AND CONDITIONS

The Seller is entitled to unilaterally change these terms and conditions to a reasonable extent. The Seller will inform about changes on their website at http//ditalesovska.com/eshop where the current version of the terms and conditions can be found.

PROTECTION OF INTELLECTUAL PROPERTY

The Buyer acknowledges that the Seller's goods are subject to international protection of intellectual and industrial property, particularly trademark rights and copyright protection, and acknowledges that they are not authorized to copy or use the Seller’s goods or trademarks associated with these goods in violation of applicable legal regulations. Infringement of intellectual property rights may be considered 

a criminal offense. All rights in this regard are enforced by the Seller’s law firm, and the infringer bears the associated costs.

These terms and conditions come into effect on February 8, 2025.