TERMS AND CONDITIONS

 

I.     INTRODUCTORY PROVISIONS

1.

These Terms and Conditions of DOLCZE traditional manufacturing s.r.o., ID: 01451596 (hereinafter referred to as "BERGL DIAMONDS"), regulate the mutual rights and obligations of the contractual parties arising from the Membership Agreement (hereinafter referred to as the "Agreement") concluded between the Member and BERGL DIAMONDS (hereinafter referred to as the "Terms and Conditions").

BERGL DIAMONDS is a jewelry manufacturer providing services, including long-term jewelry rental according to the current offer (hereinafter referred to as "Services"), which can only be used by Members.

 

II.     MEMBERSHIP CREATION

1.

Membership in BERGL DIAMONDS CLUB (hereinafter referred to as "Membership") is established for the Member by entering into the Membership Agreement (hereinafter referred to as the "Agreement"), payment of the membership fee, and the receipt of jewelry. If the customer does not take possession of the jewelry within 6 calendar months from signing the Agreement and payment of the membership fee, membership is established on the calendar day following the expiration of these 6 calendar months.

2.

Membership lasts for the duration specified in the Agreement.

3.

The Member acknowledges that the membership fee is non-refundable, even in the event of later termination of Membership.

4.

The Member acknowledges that Membership is strictly personal and non-transferable to third parties.

 

III.    SERVICE PRICES

1.

Service prices are determined in the BERGL DIAMONDS CLUB price list, depending on the type of Membership (hereinafter referred to as the "Price List").

2.

Service prices may be changed. This does not apply to already concluded Services.

3.

The Member agrees to the issuance and use of a tax document - invoice in electronic form. The tax document in electronic form will be sent to the Member's email address and/or stored in the Member's account in the BERGL DIAMONDS CLUB information system.

 

IV.    SELECTION AND RECEIPT OF JEWELRY

1.

The Member is entitled to select jewelry intended for lending for the respective type of Membership on the BERGL DIAMONDS website and/or in person, in the BERGL DIAMONDS showroom at Klimentská 20, Prague 1.

2.

The Member receives jewelry in the BERGL DIAMONDS showroom at the agreed-upon date after selecting jewelry and paying the Membership fee. In the case of jewelry delivery to the Member, the Member is required to specify the location and arrange the jewelry pickup date at least 14 days before the desired pickup date and pay a shipping fee of 350 CZK.

3.

The Member is required to inspect the jewelry before receipt and, if necessary, refuse to accept it if it is damaged.

 

V.    EXCHANGE AND RETURN OF JEWELRY

1.

Depending on the conditions of the chosen Membership, the Member is entitled to request the exchange of jewelry from BERGL DIAMONDS. During the exchange of jewelry, BERGL DIAMONDS and the Member shall proceed analogously to Article IV of these Terms and Conditions.

2.

The Member is required to return all jewelry received to BERGL DIAMONDS no later than on the last day of Membership, in person at the BERGL DIAMONDS showroom (Klimentská 20, Prague 1). In the case of jewelry pickup by the Member, the Member is required to schedule the pickup date at least 14 days before the desired pickup date and pay a shipping fee of 350 CZK.

3.

In the event of delay in returning the jewelry, BERGL DIAMONDS is entitled to charge the Member a late fee of 0.05% per day on the value of the unreturned jewelry.

4.

If the jewelry is returned damaged or in a condition exceeding normal wear and tear, BERGL DIAMONDS is entitled to demand compensation for damages from the Member, including but not limited to the costs associated with jewelry repair. In the case of intentional devaluation of the jewelry or non-return, BERGL DIAMONDS is entitled to demand compensation for damages from the Member in the amount of the selling value of the jewelry specified in the handover protocol during its lending.

 

VI.    RIGHTS AND OBLIGATIONS OF THE MEMBERRÁVA A POVINNOSTI ČLENA

1.

Under the conditions set out in the Agreement and these Terms and Conditions, the Member is entitled to use the Services.

2.

Upon entering the BERGL DIAMONDS system, the Member is required to enter their email address, which was provided at the signing of the Agreement (hereinafter referred to as the "Username"), and their 6-digit client password, which they will choose (hereinafter referred to as the "Client Password"). The Member is required to maintain confidentiality regarding their Username and/or Client Password and to take all necessary or appropriate measures to prevent the misuse of their Username and/or Client Password.

3.

Upon entering the registration, the Member is required to provide the required personal information needed for Member verification in the registers.

4.

The Member is required to fulfill their obligations, as agreed in the Agreement, in a proper and timely manner. The Member is also required to comply with the current version of the Terms and Conditions.

VII. TERMINATION OF MEMBERSHIP

1.

Membership of the Member terminates:

a. by mutual agreement of the Parties,

b. upon the expiration of the Membership period,

c. by written termination of the Agreement by either of the Parties without giving a reason with a notice period of 3 (three) calendar months, starting on the first day of the month following the month in which the notice was delivered to the other Party,

d. by BERGL DIAMONDS withdrawal if the Member significantly or repeatedly breaches the Agreement or the Terms and Conditions.

2.

Termination of Membership does not relieve the Member of the obligation to settle already due payments, contractual fines, or other claims for which the Member was obligated before the termination of Membership.

 

VIII. CONTRACTUAL FINES

1.

In the event of the Member's delay in any payment, the Member is required to pay BERGL DIAMONDS a contractual fine of 0.05% of the outstanding amount for each commenced day of delay.

2.

Any contractual fine is due within 14 (fourteen) days from the delivery of the request for payment of the contractual fine. Payment of the contractual fine does not affect BERGL DIAMONDS' right to claim damages.

 

IX.    CHANGE OF TERMS AND CONDITIONS

1.

BERGL DIAMONDS is entitled to unilaterally amend or supplement these Terms and Conditions, especially for operational, technical, commercial, and organizational reasons, or to improve the services provided to Members, and always in accordance with the applicable legal regulations of the Czech Republic.

2.

Amended and/or supplemented Terms and Conditions become effective on the first day of the calendar month following the month in which these amended and/or supplemented Terms and Conditions are published on the BERGL DIAMONDS website.

 

X.    FINAL PROVISIONS

1.

In the event of a conflict between the provisions of the Agreement and these Terms and Conditions, the Agreement takes precedence.

2.

An integral part of these Terms and Conditions are the Rules for the Processing and Protection of Personal Data, which govern the processing and protection of the personal data of Members.

3.

If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of such provision shall not affect the validity of the Terms and Conditions as a whole or any other provisions of these Terms and Conditions, provided that such invalid or ineffective provision is separable from the rest of the Terms and Conditions.

 

XI. EFFECTIVENESS OF TERMS AND CONDITIONS

1.

These Terms and Conditions are valid and effective from April 15, 2019.