GENERAL TERMS AND CONDITIONS OF SALE

DOLCZE TRADITIONAL MANUFACTURING S.R.O.

(BERGL DIAMONDS)

1. GENERAL PROVISIONS

1.1

These General Terms and Conditions of DOLCZE traditional manufacturing s.r.o., ID: 014 51 596, with its registered office at Prague 1 Nové město, Klimentská 1974/20, ZIP Code 110 00, registered in the Commercial Register under file number C 206604 kept by the Municipal Court in Prague (hereinafter referred to as "BERGL DIAMONDS" or "Seller"), regulate the rights and obligations of the Seller and third parties (hereinafter referred to as the "Buyer") arising between the Seller and the Buyer (also collectively referred to as the "Contracting Parties") in connection with purchase contracts concluded in connection with the sale of jewelry, in particular, stipulating the conditions for their purchase, delivery, payment terms, and the provision of related services, as well as legal relationships arising in connection with dealings between the Seller and the Buyer, aimed at concluding such a purchase contract (hereinafter referred to as the "GTC").

1.2.

For the purposes of these GTC, "Jewelry" means (i) finished jewelry offered by the Seller in the catalog and/or (ii) jewelry manufactured by the Seller, possibly in cooperation with other manufacturers, on the Buyer's request (also collectively referred to as the "Goods").

1.3.

The Buyer is either a consumer or an entrepreneur. A consumer is anyone who, outside their business activities or outside the framework of their independent professional activities, enters into a contractual relationship with the Seller. An entrepreneur is someone who independently carries out gainful activities, either as a businessperson or in another way, with the aim of making a profit.

2. PURCHASE CONTRACT

2.1.

A purchase contract is concluded at the moment of both Contracting Parties signing the completed order form (hereinafter referred to as the "Order"), with the Order having to include at least the quantity, total purchase price, and precise specification of the ordered Goods, i.e., the catalog number or the name of the piece of jewelry, and in the case of ordering custom-made jewelry, the Order must be accompanied by a custom order form.

2.2.

The Seller shall promptly confirm acceptance of the order to the Buyer by email sent to the email address provided by the Buyer in the Order. The confirming email does not affect the conclusion of the purchase contract. This confirmation will include a summary of the Order, the Seller's bank account number, the variable symbol for payment of the relevant order, and the final total price for the ordered Goods.

3. PURCHASE PRICE AND PAYMENT TERMS

3.1.

The catalog contains information about the Goods, including the prices of individual items. The prices of the Goods are stated including value-added tax and all related fees. The Seller is entitled to unilaterally change the prices of the Goods, with such a change in price not affecting an already concluded purchase contract.

3.2.

The price of custom-made jewelry will be determined by agreement between the Contracting Parties in connection with the design of the jewelry, which will be part of the custom order form.

3.3.

The Seller is entitled to charge the Buyer, in addition to the price of the Goods, the costs of delivering the Goods to the Buyer, with the Seller informing the Buyer of the expected amount of these costs before concluding the purchase contract.

3.4.

By signing the Order, the Buyer confirms agreement with the price for the ordered Goods and payment of transportation costs associated with the delivery of the Goods to the designated address.

3.5.

The Buyer shall pay the purchase price no later than at the time of taking over the Goods, either in cash or to the Seller's bank account, which the Seller will provide to the Buyer along with the Order confirmation by email or by another suitable method, or by presenting a valid voucher for Goods issued by the Seller.

3.6.

The Seller may request a deposit from the Buyer, especially (but not only) in cases where the Goods are custom-made. The amount of the deposit and its due date will be stated in the Order or sent by the Seller to the Buyer along with the Order confirmation. The Contracting Parties agree that if a deposit has been agreed upon, the Seller is not obligated to commence the production or modification of the ordered Goods until the deposit is paid, and furthermore, if the deposit is paid late, the deadline for the production, modification, and delivery of the Goods is extended by the duration of this delay. The Contracting Parties have further agreed that if the Buyer does not pay the deposit in the specified amount and on time, the Seller is entitled to withdraw from the purchase contract at any time by sending notice of withdrawal to the Buyer's email address provided in the Order or to the Buyer's mailing address provided in the Order.

3.7.

The Goods will be handed over or dispatched to the Buyer upon crediting the total purchase price to the Seller's bank account or upon payment in cash.

4. DELIVERY CONDITIONS

4.1.

The Buyer will either collect the Goods personally from the Seller or its designated business representative specified in the Order, or it will be delivered to the address provided by the Buyer in the Order. If the Seller is obligated to deliver the Goods to the location specified by the Buyer in the Order, the Buyer is responsible for accepting the goods upon delivery.

4.2.

The estimated delivery date of the Goods will be specified in the Order or, especially in the case of custom production, will be communicated to the Buyer by the Seller in the email confirmation of the Order according to Article 2.2 of these GTC, with the delivery period for the Goods running in accordance with Article 3.6 of these GTC from the date of payment of the purchase price or deposit, if agreed, to the Seller's account. For the purposes hereof, the date of payment shall be considered as the date on which the respective amount was either handed over in cash to the Seller or its authorized representative, or the date on which the respective amount was credited to the relevant bank account of the Seller, with the correct variable symbol.

4.3.

In case it is necessary, due to reasons on the part of the Buyer, to deliver the goods repeatedly or in a different manner than stated in the Order, the Buyer shall bear the costs associated with the repeated delivery of the Goods, or the costs associated with alternative delivery.

4.4.

The Buyer agrees that the Seller may provide selected carrier with the Buyer's data, to the extent necessary for the proper delivery of the Goods.

4.5.

If the Goods are delivered through a carrier, the Buyer shall, upon taking over the Goods, inspect the integrity of the packaging and, in the event of any defects, promptly notify the carrier, with whom a relevant protocol shall be drawn up. The Buyer is also required to promptly notify the Seller of any incomplete or damaged shipment. In the event of tampered packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier.

4.6.

The Buyer is obliged to inspect the Goods immediately upon receipt and familiarize themselves with the instructions for using the Goods, if provided with the Goods.

4.7.

If the Buyer is a consumer, ownership of the Goods and the risk of damage to the Goods shall pass to the Buyer upon the moment of taking over the Goods from the carrier.

4.8.

If the Buyer is not a consumer, the Seller shall hand over the Goods to the Buyer by handing them over to the selected carrier for transportation to the location specified in the Order.

5. RIGHTS FROM DEFECTIVE PERFORMANCE

5.1.

The rights and obligations of the Contracting Parties concerning defective performance are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

5.2.

The Seller is liable to the Buyer for the Goods being free from defects upon receipt. The Seller is particularly liable to the Buyer that at the time when the risk of damage to the item passes to the Buyer: (i) the Goods have the characteristics agreed upon by the Contracting Parties, and if there is no agreement, the Goods have the characteristics described by the Seller, or which the Buyer could expect given the nature of the Goods and the advertising carried out by the Seller, (ii) the Goods are suitable for the purpose stated by the Seller or for which items of this kind are usually used, (iii) the Goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model, (iv) the Goods are in an appropriate quantity, measure, or weight, and comply with the requirements of legal regulations.

5.3.

If the Goods delivered to the Buyer are defective, and this constitutes a substantial breach of the contract, the Buyer shall have the right to (i) the removal of the defect by delivering defect-free Goods or by delivering the missing Goods, (ii) the removal of the defect by repairing the item, (iii) an appropriate discount from the purchase price, or (iv) withdrawal from the contract.

5.4.

The Buyer shall inform the Seller of their chosen remedy when reporting a defect, or without undue delay after reporting a defect. The Buyer may not change their choice without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that proves to be unrepairable. If the Seller fails to rectify the defects within a reasonable period or informs the Buyer that the defects will not be rectified, the Buyer may request an appropriate discount from the purchase price or withdraw from the contract. The Buyer may not change their choice without the consent of the Seller.

5.5.

If defective performance constitutes a minor breach of the contract, the Buyer shall have the right to have the defect removed or to an appropriate discount from the purchase price. Until the Buyer asserts their right to a discount from the purchase price or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. Other defects may be rectified by the Seller at their discretion, either by repairing the item or by delivering a new item. If the Seller fails to rectify the defect within a reasonable time or refuses to rectify the defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The Buyer may not change their chosen remedy without the consent of the Seller.

5.6.

Upon the delivery of a new item, the Buyer shall return the item originally delivered to the Seller at their expense.

5.7.

If the Buyer fails to report a defect in a timely manner, they shall lose the right to withdraw from the contract.

5.8.

If the Buyer fails to report a defect without undue delay after they could have discovered it by timely inspection and with proper care, the court shall not grant them the right to claim defective performance. The same shall apply if a hidden defect is not reported without undue delay after it could have been discovered by proper care, but no later than within 2 years from the handover of the item.

5.9.

The consumer Buyer is entitled to assert rights from defective performance within 24 months from the receipt in the case of consumer Goods. The provisions of this article shall not apply to Goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by its normal use, to used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had at the time of the receipt by the Buyer, or as required by the nature of the Goods.

5.10.

Other rights and obligations of the Contracting Parties related to the Seller's liability for defects and the method of enforcing claims arising from defective performance by the Buyer are governed by the Complaints Procedure of the Seller.

6. SPECIAL PROVISIONS FOR CONSUMER GOODS PURCHASE

6.1.

In the event that the purchase contract is concluded through remote communication means, the consumer Buyer has the right, in accordance with Section 1829, paragraph 1, of the Civil Code, to withdraw from the contract without giving any reason within 14 days from the receipt of the Goods, whereby, in the case of a purchase contract for several types of Goods or delivery of several parts, this period runs from the receipt of the last delivery of the Goods.

6.2.

In the event of withdrawal from the purchase contract under this article, the purchase contract shall be canceled from the beginning. The consumer shall return the undamaged Goods to the original condition to the Seller. The Buyer shall bear the costs associated with returning the Goods to the Seller.

6.3.

If the Buyer withdraws from the contract under the previous paragraph, the Seller shall refund the funds received from the Buyer within 14 days from the withdrawal from the purchase contract by the Buyer, in the same way as they were received from the Buyer, unless otherwise agreed. The Seller is not obliged to refund the received funds to the Buyer before the Buyer returns the Goods or proves that they have sent the Goods to the Seller.

6.4.

In order for the Goods to be accepted back by the Seller in the event of withdrawal from the contract, they must not be damaged in any way or show signs of use or wear and tear.

6.5.

The consumer Buyer acknowledges that, in accordance with Section 1837, letter d), of the Civil Code, among other things, the right to withdraw from the contract does not apply to Goods that have been modified according to the consumer's wishes or for their person, especially for custom-made Goods.

7. CONTACT INFORMATION OF THE SELLER

7.1.

Unless otherwise specified in the Order or unless the Seller states otherwise, the Buyer is entitled and obligated to use the following contact information of the Seller for all communication related to the purchase contract under these GTC and its performance:

DOLCZE traditional manufacturing s.r.o. (BERGL DIAMONDS)

Registered Office: Klimentská 1974/20, Nové Město, 110 00 Prague 1

Email: info@bergldiamonds.cz

8. PERSONAL DATA PROTECTION

8.1.

In connection with the performance of the contract concluded between the Seller and the Buyer, the Seller processes personal data provided for this purpose by the Buyer in the Order or by other means. Personal data is stored and processed for the period necessary for the realization of the rights and obligations arising from the contract, including the rights and obligations arising from the Seller's liability for defects in the Goods.

8.2.

In the event that the Buyer, in the Order or by other means, gives consent to the Seller for sending commercial communications to the selected contact information, the Seller also processes these personal data for the purposes of marketing, sending offers of the Seller's products and services. This consent is granted for a period of 5 years.

8.3.

Consent to receiving commercial communications, as well as providing the relevant personal data, is voluntary and can be revoked at any time, either by clicking on the link provided in each commercial communication and subsequently confirming this choice or by sending a request to the Seller's email address info@bergldiamonds.cz.

8.4.

Personal data is processed exclusively by the Seller. The Seller shall not provide or otherwise make personal data available to third parties except for business representatives directly handling the Buyer's order.

8.5.

The Buyer has the right to access the provided personal data. If the Buyer discovers or believes that the Seller processes personal data in violation of the protection of their personal and private life or in violation of the law (especially if the data is inaccurate with regard to the purpose of their processing), they have the right to request an explanation and rectification of the defective state (e.g., blocking, correction, completion, or deletion of personal data) from the Seller, as well as the right to turn to the Office for Personal Data Protection in case of a violation of their rights. The Seller also has the right to delete personal data, restrict its processing, and transfer personal data to another controller if the conditions specified by the law are met.

8.6.

The handling of personal data by the Seller is in full compliance with applicable legal regulations. When processing personal data, great emphasis is placed on their technical and organizational security.

9. FINAL PROVISIONS

9.1.

If a consumer is a contracting party, relationships not regulated by these GTC shall also be governed by Act No. 634/1992 Coll., on Consumer Protection, as amended. If a business entity is a contracting party, relationships not regulated by these GTC shall be governed by the Civil Code.

9.2.

Relationships and any disputes arising from the purchase contract or related to it shall be governed exclusively by the law of the Czech Republic (excluding conflict of laws rules), and they shall be settled by the competent courts of the Czech Republic.

9.3.

In the event that a consumer, who is a consumer, experiences a consumer dispute arising from a purchase contract with the Seller, including a dispute related to the handling of a complaint pursuant to the Seller's complaints 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 body for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, ID: 000 20 869, with its registered office at Prague 2, Štěpánská 567/15, Postal Code 120 00, email adr@coi.cz. Related information can be found at www.adr.coi.cz.

9.4.

Starting from their conclusion, purchase contracts are archived by the Seller, even after their fulfillment. Purchase contracts are archived in the form in which they were concluded. Access to archived purchase contracts is solely held by the Seller or, if appointed by the Seller, by a party responsible for archiving. They are not authorized to make contracts available to third parties, except for any statutory obligation to make such contracts available.

9.5.

These GTC are valid and effective from April 15, 2019.