§ 1 BASIC PROVISIONS
1.1. These are the terms and conditions of business (hereinafter referred to as "Terms and Conditions") of RALTON, s.r.o., with registered office at Vedlejší 4706/21, 46604 Jablonec nad Nisou, identification number: 432 24 733, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 981 (hereinafter referred to as "Supplier").
1.2. "Goods" means:
a) hand-pressed glass stones,
b) metal and other jewelry components,
c) semi-finished and complete jewelry,
d) as well as other products listed in the e-shop on the website www.ralton.cz and in the Supplier's online catalog (hereinafter referred to as the "Website" and the "Stone Catalog").
1.3. "Services" means jewelry and costume jewelry services.
1.4. The Terms and Conditions take into account the specificities that arise from the fact that the Supplier provides the "manual" production of the Goods and the "manual" provision of the Services. This is not a mass production.
1.5. The Terms and Conditions apply to all contracts (in particular the Purchase Contract and the Work Contract) which the Customer enters into with us as Supplier (hereinafter referred to as the "Contract"). The use of the Customer's own terms and conditions of sale or purchase is excluded.
1.6. "Customer" means a person interested in our Goods or Services, i.e. a consumer and a business (see below), in the capacity of a purchaser (Purchase Contract) or customer (Work Contract).
1.7. "Consumer" means any natural person who enters into a Contract outside the scope of his business or professional activity.
1.8. "Entrepreneur" means any natural person who enters into a Contract within the scope of his or her independent professional or business activity and any legal person.
§ 2 CONCLUSION OF A CONTRACT
2.1. All presentation of the Goods placed on the Website, E-shop, and in the Stone Catalog is of an informative nature and the Supplier is not obliged to conclude a Purchase Contract in respect of the Goods. Section 1732(2) of the Civil Code shall not apply.
2.2. The E-shop and the Stone Catalog contain information about the Goods. The E-shop contains the purchase prices of the individual Goods. In the case of an order via the Stone Catalog, Contact Form, or E-mail, the purchase price is negotiated individually. The E-shop also contains prices of packing and postage within the Czech Republic. When ordering Services and/or Goods via the Stone Catalog, Contact Form, or E-mail, packing, and shipping (including price) are negotiated individually.
2.3. The price of the Services is determined based on an individual quotation.
2.4. Goods and Services can be ordered through:
a) Stone Catalog, where we offer stones made to order.
b) E-shop, where it is possible to take advantage of limited stock offers.
c) Contact Form or e-mail, in case of production according to specific customer specifications (customized) or in case of provision of Services.
2.5. The order always contains:
a) specification of the Goods, including the amount of items/specification of the Services ordered,
b) the purchase price according to the E-shop or according to the Supplier's offer (order of Services/order of Goods via the Stone Catalog, Contact Form, or e-mail),
c) the place of delivery.
2.6. By sending the order, the Customer confirms that he/she has read the Terms and Conditions.
2.7. The Supplier shall add VAT at the statutory rate to all prices. However, when the Goods are delivered abroad, the Customer, a VAT-paying entrepreneur, shall pay VAT in the foreign country and the Supplier shall charge the purchase price of the Goods exclusive of VAT.
2.8. The Supplier is not obliged to confirm receipt of the order and conclude the contract.
2.9. In the case of an order via E-shop, the Contract is concluded at the moment when the Supplier confirms the receipt (acceptance) of the order and the conclusion of the contract to the Customer's electronic address (e-mail) (see below). In other cases, the Contract is concluded when the Customer accepts the Supplier's offer and pays the deposit in the amount indicated on the Proforma Invoice.
§ 3 SPECIFICS OF GOODS AND SERVICES
3.1. As the Goods are handmade and not mass-produced, the following specific conditions apply
a) all samples and all pictorial documentation published on the website and in the Stone Catalog (hereinafter referred to as "Samples") are illustrative and indicative only and are not samples within the meaning of Section 2096 of the Civil Code,
b) if the Goods do not exactly match the Samples in terms of shades, texture, or other similar characteristics, this shall not constitute a defect in the Goods and defective performance,
c) the actual dimensions of some products (Goods) may differ from those declared (see below)
d) the availability of source material, in particular colored glass in the Stone Catalog, must be checked by the Supplier before confirming the order. The Supplier reserves the right to offer the Customer a refund if the source material has been renewed in the meantime. The Supplier undertakes to notify the Customer of color changes from the Catalog.
e) In view of the characteristics of the source material (metallurgical glass) and the handmade nature of the Goods, the Supplier reserves the possibility of differences in the color effects of individual items of Goods (stones) as well as the possibility of minor color variations for individual orders. Color differences may also occur in the case of orders of different sizes of Goods (especially stones) due to the different quantities of glass used. Such differences are not grounds for defective performance or withdrawal from the Contract.
f) Concerning the handmade production of the Goods (stones), the Supplier reserves the possibility of deviation in the size of the shape within a tolerance of +/- 0.2 mm.
g) It is the Supplier's endeavor to use lead-free glass for the manufacture of the stones. However, some color effects cannot be achieved without the use of glass which does not meet this condition. Sometimes glass that does not meet the limit is covered with a layer of lead-free glass. The supplier is prepared to inform the customer about the glass used. In general, the following provisions apply:
Information on the limit for lead content in jewelry according to REACH (EC) 1907/2006, defined in Regulation No. 836/2012/EU: With regard to the lead content in glass, the most of our colors meet the limit 0,05% (500ppm). Transparent glass with higher volume of Pb is categorized as CRYSTAL glass, category 1 to 4 of Council Directive 69/493/EEC, defined in Regulation 836/2012 for which by way of derogation, paragraph 1 shall not apply to according to Annex XVII to Regulation (EC) No 1907/2006, entry 63: point 4a. The colors from crystal glass are marked by *.
Some glass by its features does not come to any of the categories listed in Reach, so they do not comply with this regulation. Colors containing this glass are marked **.
Some colors are mixed from several types of glass rods with different lead content. For these colors we cannot guarantee the lead content. If necessary, please ask for testing.
We only monitor the lead content in the glass. If you have other requirements for the content of substances in the glass than lead content in Reach, please specify them clearly on your order.
§ 4 TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS AND SERVICES THROUGH THE ONLINE STONE CATALOGUE
4.1. The Stone Catalog is available on the website and allows the ordering of Goods (stones) according to your choice of color and shape combination. The order may also include the order of specific shapes and colors at the Customer's request or the order of jewelry services and assembly.
4.2. The minimum order quantity of Goods (stones) is 120 stones of one color and shape.
4.3. For a quick inquiry about the availability of the Goods, specific delivery terms, or a specific order, it is possible to use the Contact Form on the Website.
4.4. Only the Customer who registers on the Website is entitled to place an order from the Stone Catalog. Registration can also be made during the creation of a non-binding inquiry. By registering the Customer, a user account is created for the Customer (see more in § 6).
4.5. A non-binding stone inquiry can be submitted via the "MY CHOICE" icon or by selecting it on the Stone Catalog page itself. Submitting a non-binding inquiry does not create an obligation to enter into a Contract.
4.6. The Contract is concluded at the moment of order confirmation by the Supplier and confirmation of the price offer (proforma invoice) by the Customer. The Customer confirms the quotation by paying the deposit specified on the Supplier's proforma invoice. The Customer shall therefore be obliged to pay the advance on the purchase price of the Goods (or the advance on the price of the Services). Until the deposit is paid, the Contract is not concluded.
4.7. The Supplier reserves the right to deliver and demand payment (purchase price) of the actual quantity of stones produced, which may vary from the order within a tolerance of +/- 10%. This is due to and justified by the specifics of the manual production of the Goods (stones).
4.8. The delivery time is left to the discretion of the Supplier, who, however, undertakes to proceed with the utmost expedition. The standard delivery time for stones is 4 weeks from the payment of the deposit for the Goods ordered. If the order includes an item requiring further adjustments, such as plating or sandblasting or jewelry services and assembly, the delivery time may be longer due to additional necessary manufacturing operations. If the Contract is solely for the provision of Services, the delivery time shall be agreed individually.
4.9. The preferred method of payment for the Goods is by bank transfer. Payment by credit card or in cash is possible upon agreement. In addition to the agreed purchase price, the Customer is obliged to pay shipping and handling charges or to provide the Supplier with information about the account set up with the carrier through which he wishes to have the Goods shipped.
§ 5 PURCHASE OF GOODS VIA E-SHOP
5.1. Purchase of stock glass stones is possible on our E-shop. The E-shop is available on the Website www.ralton.cz. The Goods in the E-shop are primarily intended for hobby makers or for entrepreneurs to try out and create designs. There are no minimum order quantity requirements.
5.2. Availability of Goods in the E-shop is limited to stock levels.
5.3. Goods in the E-shop may be of second quality.
5.4. Selected stock stones (Goods) can be added to the shopping cart. Once the cart has been checked by the Customer, he/she will be asked to fill in his/her contact details if he/she is not already registered with the E-shop. The Customer will then choose the shipping and payment method. By submitting the order, a binding order for the Goods will be placed. The Contract is concluded when the Customer receives an automatically generated email of order acceptance.
§ 6 USER ACCOUNT
6.1. Based on the registration made on the Website, the Customer can access his/her user interface. The Customer may order Goods from his/her user interface (hereinafter referred to as "user account").
6.2. When registering on the Website and ordering Goods, the Customer is obliged to provide all the information correctly and truthfully. The Customer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Customer in the User Account and when ordering Goods shall be deemed correct by the Supplier.
6.3. Access to the User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access its User Account.
6.4. The Customer is not entitled to allow third parties to use the User Account.
6.5. The Supplier may terminate the User Account, in particular, if the Customer has not used his/her User Account for more than 5 years or if the Customer breaches his/her obligations under the Contract (including the Terms and Conditions).
6.6. The Customer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Supplier's hardware and software equipment or necessary maintenance of third-party hardware and software equipment.
§ 7 TRANSFER OF OWNERSHIP AND RISK OF DAMAGE TO GOODS
7.1. Title to the Goods shall pass to the Customer upon full payment of the purchase price.
7.2. The risk of damage to the Goods shall pass to the Customer at the moment of handing over the Goods to the carrier or at the moment of their acceptance by the Customer at personal collection of the Goods.
§ 8 DEFECTIVE PERFORMANCE
8.1. The Supplier shall be liable to the Customer that the Goods are not defective at the time the risk of damage to the Goods passes.
8.2. Concerning the specifics of the Goods, all Samples are illustrative and indicative only and are not Samples within the meaning of Section 2096 of the Civil Code.
8.3. Accordingly, it applies that :
a) if the Goods do not correspond to the Samples in terms of shades, texture, or other similar characteristics, this shall not constitute a defect in the Goods and a defective performance,
b) the actual dimensions of certain products (Goods) may differ from those declared. Concerning the handmade nature of the Goods, the Supplier reserves the right to vary the size of the shape within a tolerance of +/- 0.2 mm.
8.4. The Customer is obliged to inspect the Goods for completeness, visible defects, and damage during transport immediately after delivery and to immediately point out obvious defects to the Supplier/carrier. The Customer is obliged to point out hidden defects without undue delay after the defect has been discovered or could have been discovered with due care. The Consumer may point out a hidden defect in the Goods within two years of delivery of the Goods, the entrepreneur within one year of delivery of the Goods.
8.5. If the Goods have a defect, the Customer may demand its removal. At his/her option, he/she may demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method; this shall be assessed by the Supplier, in particular about the significance of the defect, the value that the item would have without the defect and whether the defect can be removed by the other method without significant difficulties for the Supplier. In the case of a Consumer, the Supplier shall remedy the defect within 30 days of the date of delivery of the defective Goods to the Supplier. In the case of a business, the Supplier shall remedy the defect within 60 days of the date of delivery of the defective Goods to the Supplier.
8.6. The Customer is entitled to withdraw from the Contract or to demand a reasonable discount:
a) if the defect cannot be remedied or if the Supplier has not remedied the defect in time,
b) if the defect is repeated,
c) if the defect is a material breach of Contract.
§ 9 SPECIAL CONSUMER RIGHTS
9.1. The Consumer shall be entitled to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the Goods, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Supplier within the period specified in the preceding sentence. The Consumer may use the model form provided by the Supplier to withdraw from the Purchase Contract. The Consumer may send the withdrawal from the Purchase Agreement to the Supplier's business address or to the Supplier's e-mail address info@ralton.cz.
9.2. In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be canceled from the outset. The Goods must be returned to the Supplier within fourteen (14) days of withdrawal. If the Customer withdraws from the Purchase Agreement, the Customer shall bear the costs of returning the Goods to the Supplier, even if the Goods cannot be returned by normal postal means due to their nature. The withdrawal form can be downloaded HERE.
9.3. The Supplier shall return the funds received from the Customer within fourteen (14) days of the Customer's withdrawal from the Purchase Agreement in the same manner as received from the Customer. If the Customer withdraws from the Purchase Contract, the Supplier shall not be obliged to return the funds received to the Buyer until the Buyer returns the Goods to the Supplier or proves that it has dispatched the Goods to the Supplier.
9.4. If a gift is given to the Customer together with the Goods, the gift agreement between the Supplier and the Customer is concluded with the condition that if the Customer withdraws from the Purchase Agreement, the gift agreement in respect of such gift shall cease to have effect and the Customer shall be obliged to return the gift to the Supplier together with the Goods.
9.5. Withdrawal from the Purchase Contract under this Article is not possible if the Customer has requested delivery of Goods made to order (custom-made) or otherwise modified according to the Customer's specific requirements. Withdrawal from the Purchase Contract under this Article is not possible in other cases provided for in Section 1837 of the Civil Code. Therefore, withdrawal from the Purchase Contract is in principle only possible when ordering via the E-shop, since in other cases of ordering the Goods, the Supplier produces the Goods according to the Customer's specific requirements. By paying the deposit, the Customer also instructs the Supplier to start work on the delivery of the Goods.
9.6. The Supplier shall not charge the Customer any fees or out-of-pocket costs for means of remote communication.
9.7. Disputes arising from the Contract between the Supplier and the Consumer may be settled out of Court by the Czech Trade Inspection Authority, ID No.: 000 20 869, with registered office at Štěpánská 15, 120 00 Prague 2, internet address: www.coi.cz.
9.8. Following Section 1820(1)(j) of the Civil Code, the Supplier informs that the out-of-court settlement of complaints is carried out through the Supplier's contact details, which in no way affects the Consumer's right to settle disputes under the Purchase Contract out of court in accordance with the preceding paragraph.
§ 10 FINAL PROVISIONS
10.1. The rights and obligations not contained in these Terms and Conditions shall be governed exclusively by the Civil Code (Act No. 89/2012 Coll.) or other legislation of the Czech Republic.
10.2. All disputes arising out of the Contract shall be heard and determined exclusively by the Courts of the Czech Republic.
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Ralton, s.r.o.
Vedlejší 4706/21, 466 04 Jablonec nad Nisou
Czech Republic
Tel. 483 317 911
E-mail: info@ralton.cz