General Terms and Conditions

• All presentation of goods in the Shop Web Interface is of an informative nature only, and the Seller is not obliged to conclude a Purchase Contract in respect of such goods. The provisions of § 1732(2) of the Civil Code shall not apply.
• The Shop Web Interface contains information about the goods, including the prices of the individual goods. The prices of goods are stated inclusive of value added tax (VAT at 21%) and exclusive of carriage. The prices of goods remain valid for as long as they are displayed in the Shop Web Interface. This provision does not restrict the Seller’s ability to conclude a Purchase Contract on individually negotiated terms.
• The Shop Web Interface also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods given in the Shop Web Interface applies only where the goods are delivered within the territory of the Czech Republic.
• To order goods, the Buyer shall complete the order form in the Shop Web Interface. The order form contains, in particular, the following information: name, residential address, telephone number and email contact.
• 1. the goods ordered (the Buyer “places” the goods ordered in the electronic shopping basket of the Shop Web Interface),
• 2. the method of payment of the purchase price of the goods, details of the required method of delivery of the goods ordered, and
• 3. information on the costs associated with delivery of the goods (hereinafter together referred to as the “Order”).
• Before the Order is sent to the Seller, the Buyer is enabled to check and amend the details the Buyer has entered in the Order, including with regard to the Buyer’s ability to identify and correct errors made when entering data in the Order. The Buyer sends the Order to the Seller by clicking the “Confirm purchase” button. The details given in the Order are deemed by the Seller to be correct. Immediately upon receipt of the Order, the Seller shall confirm such receipt to the Buyer by electronic mail, to the Buyer’s email address given in the user interface or in the Order (hereinafter the “Buyer’s Email Address”).
• Depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated carriage costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
• The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which the Seller sends to the Buyer by electronic mail, to the Buyer’s email address. If the Buyer fails to pay the deposit into the Seller’s account within 8 working days, this contract shall lapse. The Buyer will be informed that the deposit has been credited to the Seller’s account by electronic mail, to the address given by the Buyer in the Order.
• The Buyer consents to the use of means of distance communication in concluding the Purchase Contract. Costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs do not differ from the basic rate.

• In cash at the company’s office at Havlíčkova 77, 267 01 Králův Dvůr
• In cash on delivery at the place specified by the Buyer in the Order;
• Deposits – by cashless transfer to the Seller’s account No. 107-7055580227 / 0100, held with comgate.cz (hereinafter the “Seller’s Account”);

• 1. The Buyer may pay the Seller the price of the goods and any costs associated with delivery of the goods under the Purchase Contract by the following methods:
• In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment (deposit), the purchase price is payable within 8 days of conclusion of the Purchase Contract.
• 3. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also be understood to include the costs associated with delivery of the goods.
• 4. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods quoting the variable symbol (payment reference) of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is discharged at the moment the relevant amount is credited to the Seller’s Account.
• 5. The Seller is entitled, in particular where the Buyer fails to provide additional confirmation of the Order (Art. 1.11), to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of § 2119(1) of the Civil Code shall not apply.
• 6. Any discounts on the price of goods granted by the Seller to the Buyer may not be combined with one another.
• 7. Where it is customary in the course of trade or where so provided by generally binding legal regulations, the Seller shall issue the Buyer with a tax document – an invoice – in respect of payments made under the Purchase Contract. The Seller is a registered payer of value added tax. The Seller shall issue the tax document – invoice – to the Buyer once the price of the goods has been paid and shall send it together with the goods or in electronic form to the Buyer’s Email Address.

Payment on delivery – important notice

1. The option of payment on delivery applies exclusively to products that have already been made or items that are in stock and for which no individual alteration or specification on the part of the customer is required. These are, in particular:

   • ready-made jewellery in stock,

   • natural diamonds in stock,

   • lab-grown diamonds in stock.

2. Payment on delivery does not apply to bespoke jewellery production or to any other goods that have to be made, altered or specially ordered to the customer’s requirements, even where the interface of the online shop www.laboratornidiamanty.cz technically allows this form of payment to be selected.

3. Where the customer selects payment on delivery for goods to which this option does not apply, the customer will be contacted before production begins or the bespoke item is ordered and will be informed of these terms.

   • The customer may accept the terms and change the method of payment.

   • If the customer does not agree, the customer is entitled to withdraw from the Purchase Contract. In that event, 100% of the amount paid will be refunded without undue delay, and no later than 14 days after the withdrawal.

4. Summary: Payment on delivery is available only for goods that are in stock and require no subsequent alteration or change of specification.

• 1. The Buyer acknowledges that, pursuant to the provisions of § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods that have been made to the Buyer’s specifications (production of a piece of jewellery to the customer’s precise specification) or personalised for the Buyer; from a purchase contract for the supply of perishable goods, or of goods that have been irretrievably mixed with other goods after delivery; from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for reasons of hygiene; or from a purchase contract for the supply of an audio or video recording or computer software where the original packaging has been broken.
• 2. Unless the case is one referred to in Art. 1.21 or another case in which withdrawal from the Purchase Contract is not possible, the Buyer has the right, in accordance with the provisions of § 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods; where the subject of the Purchase Contract is several types of goods or delivery in several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the preceding sentence. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the address of ULTIMATE-GEMS s. r. o. or to the Seller’s email address info@laboratornidiamanty.cz. Given that all Sirius-brand jewellery from ULTIMATE-GEMS s. r. o. is made to order, it is not possible to withdraw from the Purchase Contract under the provisions of § 1829(1) of the Civil Code; more precisely, § 1829(1) of the Civil Code, point d), states: The consumer may not withdraw from a contract for the supply of goods that have been made to the consumer’s specifications or personalised for the consumer.
• 3. In the event of withdrawal from the Purchase Contract under Art. 1.22 of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract being made to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with returning the goods to the Seller, even where the goods, by their nature, cannot be returned by ordinary post.
• 4. In the event of withdrawal from the contract under Art. 1.22 of the Terms and Conditions, the Seller shall refund the monies received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract, by the same method by which the Seller received them from the Buyer. The Seller is also entitled to refund the performance provided by the Buyer at the time the goods are returned by the Buyer, or by another method, provided that the Buyer agrees and no additional costs are thereby incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to refund the monies received to the Buyer before the Buyer has returned the goods or has proved that the goods have been dispatched to the trader.
• 5. The Seller is entitled unilaterally to set off any claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
• 6. Until such time as the goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In that event, the Seller shall refund the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
• 7. Where a gift is provided to the Buyer together with the goods, the deed of gift between the Seller and the Buyer is concluded subject to the condition subsequent that, should the Buyer withdraw from the Purchase Contract, the deed of gift in respect of such gift shall cease to have effect and the Buyer shall be obliged to return the gift to the Seller together with the goods.
• 8. In accordance with § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract for the supply of goods where the goods supplied have been altered according to your individual requirements and wishes and are not in a standard size (49–55). This applies in particular to alterations of:

• 1. Where the method of carriage is agreed at the special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with that method of carriage.
• 2. Where, under 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 accept the goods upon delivery.
• 3. Where, for reasons on the Buyer’s side, the goods have to be delivered repeatedly or by a method other than that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or, as the case may be, the costs associated with the other method of delivery.
• 4. Upon receipt of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier without delay. Should the packaging be found to be damaged in a manner indicating unauthorised entry into the consignment, the Buyer need not accept the consignment from the carrier.
• 5. Further rights and obligations of the parties in relation to the carriage of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
• 6. The delivery time for non-stock lab-grown diamonds is approximately 14 days to 3 weeks. ULTIMATE-GEMS s. r. o. accepts no liability for any consequences of an extended delivery time that may be caused by the customs authority. Consignments of diamonds and lab-grown diamonds entering the territory of the Czech Republic may be subject to strict inspection, with the delivery time consequently extended by the time taken to inspect the consignment at customs. Every customer will be informed of any change to the delivery time as soon as possible via the contact details provided (WhatsApp, email, telephone, other). 
• 7 The general delivery time for jewellery from our collection is approximately 3 working weeks. For bespoke jewellery that is not from our jewellery collection, the delivery time ranges between 3 and 5 weeks. The delivery time may be extended by a few days should it be necessary to recast a piece of jewellery that was not cast perfectly at the first attempt. 
• 8 ULTIMATE-GEMS s.r.o. accepts no liability for failure to meet the delivery time in the event of loss of the consignment, damage to it, or delay caused by the carrier or during customs proceedings. In cases where customs proceedings are prolonged or other complications arise that are beyond the company’s control, the delivery date shall depend on customs clearance of the consignment. The customer will be informed without delay of any extension of the delivery period and will have the option of cancelling the order free of charge; this also applies to a bespoke piece of jewellery and to a lab-grown or natural diamond. 

• 1. The rights and obligations of the contracting parties in respect of rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
• 2. The Seller is liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer received the goods:
  • the goods have the characteristics agreed between the parties and, in the absence of such agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,
  • the goods correspond in quality or workmanship to the agreed sample or specimen, where the quality or workmanship was determined by reference to an agreed sample or specimen,
  • the goods are in the corresponding quantity, measure or weight, and
  • the goods comply with the requirements of legal regulations.
• 3. The provisions set out in Art. 1.34 of the Terms and Conditions shall not apply, in the case of goods sold at a reduced price, to a defect on account of which the reduced price was agreed; to wear and tear of the goods caused by their normal use; in the case of used goods, to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the Buyer; or where this follows from the nature of the goods.
• 4. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
• 5. The Buyer shall exercise rights arising from defective performance with the Seller at the address of the Seller’s business premises at which acceptance of the complaint is possible having regard to the range of goods sold. The complaint shall be deemed to have been made at the moment the Seller receives the goods complained of from the Buyer.
• 6. Further rights and obligations of the parties relating to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.

• 1. The Buyer acquires title to the goods upon payment of the full purchase price of the goods.
• 2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.
• 3. The Seller handles out-of-court consumer complaints via the email address info@laboratornidiamanty.cz The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s Email Address.
• 4. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out, within the scope of its competence, by the relevant živnostenský úřad (Trade Licensing Office). Supervision in the area of personal data protection is exercised by the Úřad pro ochranu osobních údajů (Office for Personal Data Protection). The Česká obchodní inspekce (Czech Trade Inspection Authority) exercises, within a defined scope, inter alia supervision of compliance with Act No. 634/1992 Sb., on Consumer Protection, as amended.
• 5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.

• 1. The protection of the personal data of a Buyer who is a natural person is provided for by Act No. 101/2000 Sb., on the Protection of Personal Data, as amended.
• 2. The Buyer consents to the processing of the following personal data: first name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter together referred to as the “Personal Data”).
• 3. The Buyer consents to the processing of the Personal Data by the Seller for the purposes of exercising the rights and performing the obligations under the Purchase Contract and for the purposes of maintaining a user account. Unless the Buyer selects another option, the Buyer also consents to the processing of the Personal Data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of the Personal Data to the full extent under this Article is not a condition that would in itself prevent the conclusion of the Purchase Contract.
• 4. The Buyer acknowledges that they are obliged to state their Personal Data (when placing an order via the Shop Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their Personal Data.
• 5. The Seller may entrust the processing of the Buyer’s Personal Data to a third party as processor. Apart from persons carrying the goods, the Personal Data will not be passed on by the Seller to third parties without the Buyer’s prior consent.
• 6. The Personal Data will be processed for an indefinite period. The Personal Data will be processed in electronic form by automated means or in printed form by non-automated means.
• 7. The Buyer confirms that the Personal Data provided are accurate and that the Buyer has been advised that the Personal Data are provided voluntarily.
• 8. Should the Buyer believe that the Seller or the processor (Art. 1.48) is processing the Buyer’s Personal Data in a manner contrary to the protection of the Buyer’s private and personal life or contrary to law, in particular where the Personal Data are inaccurate having regard to the purpose of their processing, the Buyer may:
  • ask the Seller or the processor for an explanation,
  • require the Seller or the processor to remedy the situation so arising.
• 9. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide that information. The Seller is entitled to require reasonable payment for providing the information under the preceding sentence, not exceeding the costs necessary for providing it.

• The Buyer consents to the sending of information relating to the Seller’s goods, services or business to the Buyer’s Email Address, and further consents to the sending of commercial communications by the Seller to the Buyer’s Email Address.
• The Buyer consents to the storage of so-called cookies on the Buyer’s computer. Where a purchase can be made on the Website and the Seller’s obligations under the Purchase Contract can be performed without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the preceding sentence at any time.

• 1. Where the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legal regulations.
• 2. Should any provision of the Terms and Conditions be or become invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and additions to the Purchase Contract or the Terms and Conditions must be made in writing.
• 3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
• 4. The Seller’s contact details: address for service ULTIMATE-GEMS s. r. o., Havlíčkova 77, Králův Dvůr 26701. Email address: info@laboratornidiamanty.cz Telephone: +420 777 222 121.

• Basic provisions

• Sources and categories of personal data processed

• Lawful basis and purpose of the processing of personal data

• Data retention period

• for the period necessary for the exercise of the rights and performance of the obligations arising from the contractual relationship between you and the Controller and for the assertion of claims under those contractual relationships (for a period of 15 years from the termination of the contractual relationship).
• until consent to the processing of personal data for marketing purposes is withdrawn, but for no longer than 5 years, where the personal data are processed on the basis of consent.

• Recipients of personal data (the Controller’s subcontractors)

• involved in the delivery of goods / services / the processing of payments under the contract,
• providing services for the operation of the online shop (laboratornidiamanty.cz) and other services in connection with the operation of the online shop,
• providing marketing services.

• Your rights

• the right of access to your personal data under Article 15 GDPR,
• the right to rectification of personal data under Article 16 GDPR, or to restriction of processing under Article 18 GDPR.
• the right to erasure of personal data under Article 17 GDPR.
• the right to object to processing under Article 21 GDPR, and
• the right to data portability under Article 20 GDPR.
• the right to withdraw consent to processing, in writing or electronically, to the Controller’s address or email given in Article III of these terms.

• Personal data security

• Final provisions