REKLAMAČNÍ ŘÁD

DOLCZE TRADITIONAL MANUFACTURING S.R.O.

(BERGL DIAMONDS)

1. INTRODUCTORY PROVISIONS

1.1

DOLCZE traditional manufacturing s.r.o., Identification Number (IČO): 014 51 596, with its registered office at Klimentská 1974/20, New Town, Prague 1, ZIP Code 110 00, registered in the Commercial Register under sp. zn. C 206604 at the Municipal Court in Prague (hereinafter referred to as "BERGL DIAMONDS" or "Seller"), manufactures and sells jewelry products made of precious metals, gemstones, and semi-precious stones (hereinafter also referred to as "Goods").

1.2

This complaint procedure of the Seller (hereinafter referred to as the "Procedure") sets out, in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the rules for complaints about Goods purchased from the Seller or its representatives.

1.3

In the event of a conflict between this Procedure and the General Business Terms and Conditions of the Seller valid as of the relevant date (hereinafter referred to as the "GBT"), the GBT shall prevail.

2. LIABILITY FOR DEFECTS IN GOODS

2.1

The Seller is responsible to customers for defects in the Goods in the manner, scope, and limitations as specified in the GBT, especially in the provisions of Articles 5 and 6 of the GBT.

3. PLACE AND METHOD OF CLAIM SUBMISSION

3.1

Goods can be claimed, i.e., the right arising from the Seller's liability for defects in the Goods can be asserted directly with the Seller at any of its branches in the territory of the Czech Republic or with the Seller's authorized representative from whom the Goods were ordered.

3.2

In the case of customized Goods, Goods can only be claimed at the branch of the Seller where the custom-made Goods were ordered or with the Seller's authorized representative from whom the Goods were ordered.

3.3

During the claim, the Purchaser is required to present the purchased Goods together with the relevant certificate received with the Goods and the original purchase receipt, or the agreed-upon order, if the claimed Goods are custom-made. The Seller will accept Goods for a claim only if they are not damaged or grossly soiled, except in cases where such damage or soiling occurred due to the fault of the Seller.

3.4

The Purchaser is obliged to report any defects in the Goods immediately upon their discovery. The defect in the Goods can only be claimed before the expiration of the relevant warranty period, i.e., in the case of a purchaser – a consumer, within 24 months from the takeover of the Goods by the customer. This period does not include the time during which the Seller has the Goods for the purpose of handling the claim until the Purchaser is required to take over the Goods after the claim has been settled. In the case of handling the claim by exchanging the defective Goods for new ones, a new warranty period starts from the date of takeover of the new Goods by the Purchaser.

4. COMPLAINT PROCEDURE

4.1

The claimed Goods are accepted for processing by an employee authorized by the Seller.

4.2

Upon receipt of the claimed Goods for the purpose of handling the claim, the Seller draws up a protocol. One copy of the protocol is handed over to the Purchaser. In the claim protocol, the Purchaser specifies how they wish the claim to be handled (see Article 4.5 of this Procedure).

4.3

The authorized employee of the Seller is required to decide on the method of handling the claim immediately and, in complex cases, no later than within 5 business days.

4.4

The Seller informs the Purchaser about the handling of the claim through SMS or email, as communicated by the Purchaser for this purpose.

4.5

The Purchaser is obliged to take over the claimed Goods within 30 days from the settlement of the claim, unless agreed otherwise with the Seller.

5. HANDLING A COMPLAINT

5.1

A complaint about the Goods can be settled by:

(a) exchanging the defective Goods for new ones or exchanging the defective part of the Goods, if only this part is defective;

(b) removing the defect, in the case of a removable defect;

(c) providing a reasonable discount on the purchase price of the Goods; or

(d) rejecting the complaint in the case of an unjustified complaint about Goods for which the Seller is not responsible for defects, or if the complaint is not made properly and in a timely manner.

5.2

The Purchaser is entitled to request the exchange of defective Goods for new ones if it is not unreasonable due to the nature and extent of the defect. If the defect concerns only a part of the Goods, the Purchaser can only request the exchange of such part for a new one.

5.3

If it is reasonable given the nature and extent of the defect, especially if the defect can be removed without undue delay, the Purchaser has the right to free removal of the defect.

5.4

However, the Purchaser is entitled to request the exchange of the Goods for new ones or the exchange of the defective part of the Goods, even in the case of a removable defect, if the Goods cannot be properly used for a repeated occurrence of this defect after its repair, or for a greater number of defects in the Goods. In such a case, the Purchaser also has the right to withdraw from the contract concluded with the Seller.

5.5

If the Purchaser does not withdraw from the contract, does not exercise the right to exchange defective Goods or its part, or to repair it, they are entitled to request a reasonable discount. The right to a reasonable discount can also be claimed if the Seller cannot supply new Goods without defects, exchange its part, or repair it, or if the Seller does not make the repair within a reasonable time or if the repair would cause considerable difficulties to the Purchaser.

5.6

If the Goods have a defect for which the Seller is liable and it is Goods sold at a lower price or used Goods, the Purchaser has the right to request a reasonable discount instead of the exchange of the Goods.

5.7

Wear and tear of the Goods caused by normal use, as well as damage to the Goods caused by improper handling, improper maintenance, neglect, and improper handling of the Goods do not constitute a defect in the Goods. Rights arising from defective performance do not apply if the Purchaser knew about the defect in the Goods before purchasing it.

5.8

All repairs carried out on the basis of a proper, timely, and justified complaint are provided by the Seller free of charge during the warranty period.

6. FINAL PROVISIONS

6.1

All provisions of this Procedure are separable. If any provision of this Procedure is considered invalid, ineffective, or unenforceable, it will not affect the validity, effectiveness, or enforceability of the rights and obligations arising from this Procedure.

6.2

The relationships, obligations, rights, and duties arising from this Procedure are governed by the legal order of the Czech Republic.

6.3

In the event that a consumer dispute arises between the Seller and a consumer resulting from a purchase agreement, including a dispute related to the handling of a complaint under this Procedure, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, Identification Number (IČO): 000 20 869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, email adr@coi.cz. Relevant information can be found at www.adr.coi.cz.

6.4

This Procedure shall enter into force on April 15, 2019.