Terms & Conditions
1. Pursuant to § 18 par. 1 of the Act no. 250/2007 Statutes on Consumer Protection and on Amendment to the Act no. 372/1990 Statutes as amended, by these Complaint Procedures, iZlato s.r.o. duly informs the Consumer (hereinafter referred to as the "Customer" or "Buyer") on the conditions under which they can exercise their rights to hold the Seller liable for defects (hereinafter referred to as the "claim") and on the procedure that applies in such case, including information on where to file the claim and on execution of warranty repairs.
2. These general terms and conditions comply with § 18 par. 1 of the Consumer Protection Act and are published on the Seller’s website www.JewelryAndGems.eu, in a visible place accessible to the Consumer.
3. The above site is an online jewelry store run by iZlato Ltd, offering selected Consumer goods. JewelryAndGems.eu is run by the supplier of the goods offered for sale, which is iZlato s.r.o., with its registered office at EUROVEA CENTRAL 1, Pribinova 4, 81102 BRATISLAVA, Business ID: 36505595, VAT ID: SK2022012663, registered with the District Court Bratislava 1, Section s.r.o. File number 84748/B.
II. IDENTIFICATION OF THE CONTRACTING PARTIES:
iZlato s.r.o., domiciled at EUROVEA CENTRAL 1, Pribinova 4, Bratislava 81102, Business ID: 36505595, VAT ID: SK2022012663, registered with the District Court Bratislava 1, Section s.r.o. File number 84748/B.
The term Customer refers to a user (all natural and legal entities without limitation) who can order products on the Operator's site. Beneficiary means a natural or legal entity who is the recipient of the shipment under the Customer's order. Place of delivery refers to a place designated by the Customer to which the Operator is required to deliver the shipment. Shipments are goods that are part of the Operator's offer on the store site.
III. SUBJECT OF THE PURCHASE CONTRACT:
1. The Seller commits himself to deliver the right kind and quantity of goods as stated at the time of the order, based on the Customer's order at the agreed price.
2. By ticking the box before the order is sent, the Buyer states that he has made himself familiar with these general terms and conditions, has fully understood their content and agrees with them.
3. The subject of a purchase under the purchase contract entered into between the parties is the good specified in the Buyer's order in terms of the product name, kind, quantity, weight, dimensions, price, and so on.
IV. PERSONAL DATA PROTECTION:
The parties agree that should the Buyer be a natural person, he is obliged to provide the Seller with his first and last name, permanent address including the zip code, telephone number and e-mail address.
The parties agree that should the Buyer be a legal person or a self-employed entrepreneur, they are obliged to provide the Seller with their business name, registered office address, including the zip code, Business ID, VAT ID, telephone number and e-mail address.
The Seller hereby notifies the Buyer that under § 10 par. Article 3 b) of the Act no. 122/2013 Statutes on Personal Data Protection as amended, the Seller, as an operator in the process of entering into a purchase contract, will process the personal data of the Buyer without his consent as the data subject, as the processing of the Buyer's personal data will be performed by the Seller in his pre-contractual dealings with the Buyer, whereas processing of the Buyer's personal data is necessary for performance of the purchase contract, in which the Buyer acts as one of the contracting parties.
By ticking the respective box before submitting the order, the Buyer expresses his approval pursuant to 11 par. 1 of the Personal Data Protection Act of the Seller’s processing and storing of his personal data, in particular those mentioned above and / or which are necessary for the Seller's activities concerning the transmission of information on new products, discounts and promotions concerning the goods offered and the Seller’s processing of such data is approved in all of his information systems concerning the transmission of information on new products, discounts and promotions of the goods offered. The Buyer grants the Seller this time-limited approval to meet the purpose of processing the Buyer's personal data. As soon as the purpose of data processing is met, the Seller shall immediately ensure the liquidation of the Buyer's personal data. The Buyer may withdraw consent to the processing of personal data at any time in writing. The consent expires within 1 month of receipt of the Buyer’s consent withdrawal by the Seller.
The Buyer can check his personal data at any time by signing up at www.JewelryAndGems.eu under "Personal Data".
The www.JewelryAndGems.eu website operator declares that the data provided to him will be used only for the purpose of entering into and performing the contract based on the general terms and conditions specified by the Seller. The processed data shall not be disclosed, made available, or provided to a third party, except for the carrier. We reserve the right to waive liability for data protection in case of security breach in the event of a server attack by an unknown hacker. In such case, the above rules for data handling shall not apply.
The Seller hereby notifies the Buyer that under § 15 par. 1 e) Section 3 and Section 4 of the PDPA, in processing of the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, or possible beneficiaries:
Slovak Postal Service, a.s., domiciled at Partizánska cesta 9, 975 99 Banská Bystrica, Business ID: 36631124, registered with the Business Register at the District Court Banská Bystrica, Section Sa, File no. 803/S
Direct Parcel Distribution SK s.r.o., domiciled at Technická 7, 821 04 Bratislava, Business ID: 35834498, registered with the Business Register of the District Court Bratislava I, Section Sro. File no. 26367/B
In connection with processing their personal data, the Buyer may require the Seller the following:
- Confirmation of whether their personal data are or are not processed
- Statement of the purpose of their personal data processing
- In a generally understandable form, information on the processing of their personal data in the information system and on the state and scope in which they are processed:
- identification details of the Seller and the Seller's representative, if appointed
- identification details of the intermediary; this does not apply if the Seller does not follow the procedure for obtaining personal data under § 8 PDPA
- in a generally understandable form, accurate information about the source from which the Seller obtained their personal data for processing
- in a generally understandable form, a copy of their personal data subject to processing,
- supplementary information needed by the Buyer in view of all the circumstances and conditions of personal data processing in order to guarantee the Buyer’s rights and the rights of protected interests, especially:
an instruction whether the requested personal data must or may be provided by the data subject; if the Seller acquires the Buyer's personal data with the Buyer’s consent pursuant to § 11 PDPA, the Seller shall also notify the Buyer of the validity of the consent and if the Buyer has the obligation to provide personal data resulting from a directly enforceable legally binding act of the European Union having the status of an international treaty binding on the Slovak Republic, or from the law, the Seller shall notify the Buyer of the legal basis which imposes this obligation on the Buyer and shall notify the Buyer of the consequences of the refusal to provide personal data
information about third parties, if it is foreseen or apparent that personal data will be provided to them
possible recipients, if it is foreseen or apparent that personal data will be made available to them,
form of publication if personal information is to be published
third countries, if it is assumed or apparent that personal data will be transferred to these countries
- correction of incorrect, incomplete or outdated personal data subject to processing.
- liquidation of their personal data if the purpose of their processing has been met; if official documents containing personal data are subject to processing, they may request their return,
- liquidation of their personal data subject to processing, if PDPA or any legal provision of the Slovak law has been violated.
In his free written request to the Seller, the Buyer has the right to object the following:
- processing of their personal data that they assume to be or will be processed for direct marketing purposes without their consent, and requesting their disposal,
- use of personal data referred to in § 10 Article 3 d) for the purposes of direct marketing by post, or
- provision of personal data referred to in § 10 par. Article 3 d) for the purposes of direct marketing.
V. ORDER CONFIRMATION:
Confirmation of the received order will be sent to you automatically by e-mail. You will also be informed by e-mail of the day your shipment is handed over to a courier. Any additional information about your order will be sent to your email address if necessary.
VI. DELIVERY PERIODS AND CONDITIONS:
The goods are delivered by DPD courier service or by the Slovak Post - according to Customer preference. Delivery time depends on the type of delivery that was selected when ordering the goods. If the ordered goods have been paid for or are ordered to be paid in cash on delivery and are in stock, the goods are delivered within 2 business days. Outside Slovakia, the goods are delivered within 3 to 5 business days. Each shipment is accompanied with an original invoice, which also serves as a warranty slip. In case of personal collection, you will receive these documents in person together with the goods. Goods that are custom made to the Buyer's order (the goods are engraved or made to order) may be delivered at times other than those specified in these terms and conditions.
All sale promotions apply while supplies last unless otherwise stated for a specific product.
Unless the Seller and the Buyer agreed otherwise in their purchase contract, the Seller is obliged to deliver the good to the Buyer without delay, no later than 30 days after the date of the purchase contract. If the Seller fails to comply with his obligation to deliver the good within the time limit specified in the first sentence, the Buyer shall call on him to deliver the good within an additional reasonable period. If the Seller fails to deliver the good within this additional reasonable period, the Buyer is entitled to rescind the contract.
VII. METHOD OF PAYMENT FOR GOODS
Upon completing your order, you will be offered several payment options:
1. CARD PAYMENT
Card payment is made via Tatrabanka payment gateway. All payment card information is protected by Tatrabanka. The entire process runs outside our e-shop. After payment, you are redirected back to www.JewelryAndGems.eu and will receive confirmation of receipt of your order.
2. PayPal PAYMENT
You can safely pay for your order via PayPal account.
3. BITCOIN PAYMENT
Nowadays, you can safely pay for gold, silver jewelry and watches with the Bitcoin cryptocurrency. The payment will be processed via the bitpay payment gateway.
4. WIRE TRANSFER
You can also pay the order by crediting our account held with Tatra banka. Your payment details will be sent to your e-mail together with the receipt of your order. Please, enter your order number as a sort code. Your order will be shipped immediately upon receipt of your payment.
VIII. SHIPPING AND PACKAGING FEES:
All ordered goods are delivered at the current prices of our contracted carriers without any mark-up. The customers have the option of choosing how they wish their jewelry be packed and shipped.
IX. LIABILITY FOR GOODS DEFECTS AND WARRANTY:
The Buyer is entitled to inspect the goods immediately upon their receipt. If mechanical damage to the product packaging is found, the Buyer is required to check the condition of the goods and, in the event of damage, make a record of damage in the presence of the carrier. The carrier bears responsibility for damage during transport, as all goods are insured. Based on the written record, the Customer will be provided with a reasonable discount or delivered new product after the event has been cleared with the insurance company.
Complaints of mechanical damage to the product not apparent when the shipment was received must be applied immediately upon its detection, i.e. immediately after the first time use of the product. Later claims of this kind will only be recognized if the Buyer proves that the defects complained of occurred at the time of the product receipt. Before first use, the Buyer is required to make himself familiar with the warranty conditions, including the usage instructions, and then follow these instructions thoroughly. The warranty does not apply to the normal wear and tear of the item (or parts thereof) caused by use. Therefore, a shorter product life cannot be considered a defect and cannot be the subject of a claim.
The Seller bears no liability for defects:
Caused by mechanical damage to the product: if the necklace is torn apart, if the gem breaks, if the product gets scratched, depressed, bent, if the gem falls out due to breaking or bending of its setting, into which it is inserted, if the clasp breaks, if the chain links break or if the ring cracks open.
Damage to the goods caused by normal wear and tear: Natural wear such as hanging rings on hanging earrings getting rubbed, pendant rings worn thin, chain links worn thin, common wear of rhodium jewelry such as the bottom of white gold rings
Goods devalued in case of non-observance of the proper care instructions.
Goods subject to complaint must be complete.
All goods are covered by a 24-month warranty unless stated otherwise, which commences on the date of receipt of the goods by the Buyer. If necessary, we also arrange post-warranty service. Information on after-sale service points for warranty and post-warranty service can be provided upon request by telephone or e-mail.
The relevant provisions of the Civil Code, as well as those of the Consumer Protection Act, apply to complaints. Claims must be filed without undue delay.
If you have any questions about the complaint, please contact us by e-mail at [email protected] or at the phone number listed under the contacts section.
Procedure for filing a claim:
- The Buyer is obliged to fill in a claim form, which can be downloaded from the complaint section of our website. The Buyer’s first and last name, address, tel. number, order number, date of receipt of the goods and description of the defect claimed needs to be appear on the form.
- The Buyer is obliged to send the Seller a copy of the invoice, which also serves as the proof of warranty, to be received together with the ordered goods.
- The jewelry subject to the claim must be returned in a plastic envelope available at the post office and sent in the form of an insured letter.
The envelope must include:
- Jewelry in its original package, if possible
- Filled-in complaint form
- A copy of the invoice, which also serves as a proof or warranty
- We draw attention to the Consumer rights under which the Consumer has no right to withdraw from a contract entered into at a distance, the subject of which is a good manufactured to Consumer specifications, or if the good serves to meet individualized needs of the Consumer. Examples of such goods can be rings made to an individual size, also customized products (e.g. engraving).
If the goods subject to the complaint are returned to us by a courier service, under the respective contract, we are allowed to inspect the goods in question together with documentation in the presence of the driver. Sending inappropriately secured merchandise without the required documentation by other courier services of your choice may complicate the receipt of the complaint if these courier services do not allow us to perform inspecting operations.
The Buyer is obliged to send the Seller a copy of the invoice, which also serves as the proof of warranty, that he received with the ordered goods (the invoice serves as a proof of purchase and also for complaint purposes).
The warranty does not apply to mechanical damage the goods have suffered in the hands of the Buyer, if the goods were used in adverse or inappropriate conditions, to improper handling, neglected care of the goods, incompetent assembly, incorrect handling and use of the goods, improper care for the goods, improper installation.
All lawfully claimed repairs are free of charge during the warranty period. The right to a free warranty service also expires in case of unauthorized interference with the product during the warranty period by other than authorized person. The Seller also reserves the right not to refund money for such goods and the right not to offer other goods in their stead.
The Seller shall decide on the claim immediately, in complex cases within 3 business days. In justified cases, especially if a complex technical assessment of the product condition is required, no later than within 30 days of the date of the complaint. Upon expiry of this period, the Consumer has the right to rescind the contract or has the right to have the product replaced with a new product.
The Seller is obliged to issue a written document about having processed the claim no later than 30 days of the date of complaint.
The Seller is required to process a complaint and to conclude the complaint-solving procedure in one of the following ways:
- By relinquishing the repaired goods,
- By replacing the goods,
- By refunding the purchase price of the goods,
- By paying an appropriate discount on the price of the goods,
- By justified rejection of the complaint.
The Buyer has the right to claim the Seller's warranty only if the goods show defect caused by the respective manufacturer, supplier or Seller, if the goods are covered by the warranty and if they were purchased from the Seller. In other cases, the Seller will not be able to repair the damaged goods under the warranty, and if the Buyer, after notice of this fact, demands repair of the goods, he shall be liable for paying the Seller the costs associated with performing the service on and repair of such goods.
The Seller shall inform the Buyer of his complaint resolution in writing, sent to the Buyer's address. In addition to the goods, the Seller shall send the Buyer a copy of the complaint resolution, photographic evidence of the received and outgoing goods.
Upon settling a claim, the warranty period is extended by the duration of the claim. If the claim is settled by replacement of goods within the statutory warranty period, a new warranty period shall commence as of the date the complaint is settled.
Upon request made by the Slovak Trade Inspection Authority (SOI), the Seller is obliged to provide a copy of the receipt of the complaint, reasons for which it is not possible to decide on the way to resolve the complaint immediately and for which the complaint cannot be settled immediately after the way of its resolution has been established, expert assessment and a copy of the proof of complaint resolution. If the Buyer files a product complaint during the first 12 months of purchase, the Seller may only resolve the complaint by refusing to accept it if such refusal is based on expert assessment or made by a person authorized to provide complaint related statements authorized by the manufacturer. If the Buyer files a product complaint after 12 months of purchase and the Seller rejects it, in the respective proof of complaint resolution, the person who has processed the complaint is obliged to provide details of an expert the Consumer may send the product for expert assessment. If the product is sent for expert assessment to the person referred, the costs of expertise, as well as all other related expense incurred reasonably in connection therewith, shall be borne by the Seller irrespective of the outcome of the expertise. If the Consumer demonstrates the Seller's liability for a defect by means of the expertise, he may file the complaint again; the time necessary to prepare the expertise does not count into the warranty period. Within 14 days of the repeated claim, the Seller is required to pay the Consumer the cost of the expertise as well as all the reasonably incurred associated costs. The repeated complaint cannot be refused.
The Seller is required to issue Consumer a receipt of the complaint he has filed. If the complaint is filed by means of distance communication, the Seller is obliged to deliver the complaint confirmation to the Consumer immediately. If the confirmation cannot be delivered immediately, it must be delivered without undue delay, together with the proof of the complaint resolution at the latest. A receipt of the complaint does not need to be delivered if the Consumer is able to prove his filing of a complaint in another way.
The Seller is obliged to keep records of complaints and to submit them to the Slovak Trade Inspection (SOI) for inquiry upon their request. The complaint record must include the complaint date, the date of complaint resolution and how it was settled and the complaint receipt number.
Filing a complaint is without prejudice to the Buyer's right to damages under a special regulation.
If the Consumer is not satisfied with the Seller's handling of his complaint or if he believes that the Seller has breached his rights, he may contact the Seller for a remedy. If the Seller’s reply to the call for remedy is adverse, or if the Seller fails to respond to the call for remedy within 30 days of its making, the Consumer has the right to take an alternative action to settle his dispute pursuant to § 12 of Act no. 391/2015 Statutes on alternative dispute resolution of Consumer disputes as amended. The competent authority for alternative dispute resolution with the Seller iZlato s.r.o. is Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, www.soi.sk or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the Consumer has the right to choose which of those alternative dispute resolution entities to approach. The Consumer may use the on-line dispute resolution platform to take action in an alternative dispute resolution available on the http://ec.europa.eu/Consumers/odr/ website.
XI. GOODS REPLACEMENT WITHIN 60 DAYS
Put the jewelry in a plastic envelope that is usually for sale at the post office. Address it to our company and send it as an insured letter (not as a cash on delivery letter, neither do we recommend sending a parcel as parcels are not delivered to us, so the time to deal with your exchange would be extended). Your shipping must include the following:
A - jewel in the original package, B/ - filled-in exchange form.
Important Notice: jewelry that had not been in stock and you had to wait for it, i.e. it was made after your order was received, or that was engraved on customer's request, such as wedding bands or bracelets with a platter, can no longer be exchanged or returned.
JewelryAndGems.eu also reserves the right to refuse to exchange / return jewelry that shows signs of visible wear, surface wear or mechanical damage. Your exchange will take place within 14 days of delivery of the jewelry to the exchange department.
XII. PERSONAL DATA PROCESSING:
Seller commits to treat and handle the Buyer's personal data in accordance with applicable law of the Slovak Republic.
The Seller declares that he will process personal data in accordance with good morals and will act in a manner that does not conflict with or violate the PDPA or other generally binding legal regulations. The Seller declares that he will not elicit forced consent from the data subject or condition the contractual relationship on such consent by the threat of refusing the contractual relationship, denial of service, goods or obligations established by the Seller.
By means of a free written request addressed to the Seller, the Buyer has the right to object:
a) processing of his personal data that he is presuming to be or will be processed for direct marketing purposes without his consent and to request their liquidation,
b) the use of personal data referred to in §10 art. 3 d) for the purposes of direct marketing by post, or
c) provision of personal data referred to in §10 art. 3 d) for direct marketing purposes.
XIII. ORDER CANCELLATION:
You can cancel any order by 3:00 p.m. on the day of the order if the order was received before 3:00 p.m. or by 12:00 p.m. if the order was received the day before after 3:00 p.m. by e-mail [email protected] or by phone at +421 908 999 000 without giving any reason. Just provide your name, email, order number and description of the ordered goods.
The Seller has the right to cancel the order if he is unable to deliver the goods to the Buyer within the time specified by these general terms and conditions or at the price stated in the online store, due to having run out of stock or due to unavailability of the goods, unless the Buyer agrees to a substitute performance. The Buyer will be informed about the cancellation of the order by phone or e-mail.
If the Buyer has already paid part or all of the purchase price for the cancelled order for the goods, this amount will be refunded within 14 days of cancelling the order, by wire transfer to a designated account or by postal money order.
XIV. RESCISSION OF THE CONTRACT BY THE BUYER WHO IS A CONSUMER
The Consumer is entitled to withdraw from the purchase contract without giving any reason pursuant to § 7 et seq. of the Act no. 102/2014 Statutes on Consumer Protection Act Distant Selling (hereinafter referred to as the "Consumer Protection Act Distant Selling") within 14 days of receipt of the goods if the Seller met his information obligations pursuant to the provisions of art. § 3 of the Consumer Protection Act Distant Selling in timely and duly manner. Within this period, the Consumer has the right to unpack and test the goods in a manner similar to that normally used when buying in a classic "brick-and-mortar" store to the extent necessary to ascertain the nature, characteristics and operation of the goods. The Consumer bears liability for any reduction in the value of the goods. Trying the goods does not mean to use the goods and return them to the Seller after a few days of their use.
The Buyer can withdraw from the purchase contract, the subject of which is the purchase of the goods even before the commencement of the withdrawal period.
The Consumer cannot withdraw from the contract in case the goods were made under specific Consumer requirements or specifically intended for a single Consumer or goods the nature of which does not allow their return.
Goods ordered to be custom-made (such as especially the wedding bands, engagement rings, rings with gems, necklaces and bracelets of other than currently held in stock sizes, engraving into jewelry) are goods made according to the specific requirements of the customer and are not subject to the possibility of withdrawal from the contract and the Buyer is not entitled to return them to the Seller within the statutory time limit of 14 days.
The Consumer bears liability for reduced value of goods resulting from the treatment of the goods beyond what is necessary to ascertain the characteristics and functionality of the goods.
Goods must be returned, including any gifts. The cost of shipping goods to the Seller is borne by the Buyer. The shipment you send to us is paid for by you. We recommend that you insure the goods. We do not collect cash on delivery shipments. Please return the goods in their original packaging, unused and undamaged, including accompanying documents (original purchase receipt, proof of warranty (if applicable), usage instructions, etc.). Appropriate care for goods must be maintained. The Seller does not bear any liability for the loss or damage of the shipment.
Without undue delay, within 14 days of the date of withdrawal notice, the Seller shall refund the Buyer all payments received by him in connection with the purchase contract, including the cost of transport, delivery and postage, and other costs and fees. This does not apply to additional costs if the Buyer has chosen a different than the cheapest normal delivery method offered by the Seller, or the cost of ancillary services if they were the subject of a contract and if they were fully provided. (At the same time, you will also be reimbursed the cost of delivery of the goods equal to the lowest delivery method cost that we offer to you, i.e. regular postage for delivery of the item by the Slovak Post)
Under this article of general terms and conditions, the Seller is not obliged to refund the Buyer prior to delivery of the goods or until the Buyer proves the return of the goods back to the Seller unless the Seller suggests that the goods be picked up personally or through a person authorized to do so.
The Buyer may withdraw from the purchase contract, the subject of which is the purchase of the goods, even before the commencement of the withdrawal period.
The Consumer is obliged to send the goods back at the latest within 14 days of withdrawal.
If the Buyer withdraws from the purchase contract, any additional contract, relating to the purchase contract from which the Buyer has withdrawn, is also terminated in full.
XV. SPECIAL ARRANGEMENTS FOR BUYING GOODS MADE OF GOLD
Within 90 days of receipt of the goods from the Seller, the customer is entitled to ask the Seller to buy the delivered goods back, however, only if the purchased product was made of gold. The customer is obliged to exercise this right towards the Seller in writing, by telephone or by e-mail within the above 90-day period. In the event of an express interest of the Seller in buying the goods back, the customer is obliged to send the goods in question to the Seller. The goods sent as cash on delivery will not be accepted. We recommend you insure the shipped goods. Upon delivery of these goods, the Seller will assess the condition of wear and tear of the goods and notify the customer within 7 days of receipt of the goods of the price at which the goods in question will be bought back. Should the customer accept the quoted price, the Seller shall pay the customer the negotiated price within 3 days. In the event the agreement to buy the goods back fails to materialize, the Seller shall return the goods to the customer, and the customer is obliged to pay the Seller the costs associated with the return of the goods shipped as cash on delivery or as an insured letter.
XVI. QUOTED PRODUCT DIMENSIONS:
All product dimensions are measured in the coarsest and widest point of jewelry. The Seller is not responsible for any misunderstanding of this measurement system.
XVII. AGREEMENT WITH GENERAL TERMS AND CONDITIONS INCLUDING COMPLAINT PROCEDURES:
Prior to submitting his order, the Buyer will be prompted to tick the box to confirm that he has made himself familiar, read, understood and fully agrees with these terms and conditions.
XVIII. FINAL PROVISIONS:
All legal relationships arising between the Operator and the Customers are governed by the laws of the Slovak Republic. In matters not governed by these Terms and Conditions, the relevant provisions of the Civil Code shall apply.
The first and last name of the person responsible for the business operation and the contact e-mail address: Slavomír Smoleňák, [email protected]
These General Terms and Conditions entered into force on May 15, 2018