Terms and Conditions

CHÁ atelier s.r.o.

Registered office: Na Hrázce 209, Staré Hradiště 533 52

Compady ID No.: 17867959

 

Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File No. 50517.

 

Phone: +420 725 083 775

E-mail: info@terezacha.cz

 

I.Introductory Provisions

1.1.    Pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, these Terms and Conditions are issued by CHÁ atelier s.r.o., a company incorporated under the laws of the Czech Republic (hereinafter referred to as the “Seller”). These Terms and Conditions govern the mutual rights and obligations of the Seller and its customers (hereinafter referred to as the “Buyer”) arising from purchase agreements concluded at the Seller’s premises or through the Seller’s online store available at www.terezacha.cz, including agreements for bespoke and made-to-order jewellery. The Seller and the Buyer are hereinafter jointly referred to as the “Parties”.

 

1.2.    These Terms and Conditions form an integral part of every purchase contract concluded between the Seller and the Buyer pursuant to Section 2085 et seq. of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as the “Purchase Contract”). The Contracting Parties may agree on provisions deviating from these Terms and Conditions in the Purchase Contract; in such case, the deviating provisions of the Purchase Contract shall prevail over these Terms and Conditions. These Terms and Conditions shall also apply to orders placed through any other means of distance communication, in particular by e-mail, and, with appropriate modifications, also to orders placed in person at the Seller’s premises or outside the Seller’s business premises. This includes in particular the specification of the order, completion of a printed order form, or direct purchase on site, unless expressly agreed otherwise.

 

1.3.    By submitting an order, the Buyer confirms that they have read and agree to these Terms and Conditions in the wording valid and effective at the time the order is submitted. Any Purchase Contract concluded between the Contracting Parties shall be governed by these Terms and Conditions. The Seller reserves the right to amend or supplement these Terms and Conditions at any time; such changes shall not affect the rights and obligations arising under the previous version of the Terms and Conditions.

 

1.4.    These Terms and Conditions apply to all purchase contracts concluded between the Seller and the Buyer, in particular those concluded:
a) via the online store available at www.terezacha.cz;
b) through electronic communication (in particular by e-mail);
c) by telephone;
d) in person;
e) via social media or other remote communication channels.

 

II.User Account

2.1.    Based on the Buyer’s registration on the Online Store website, the Buyer may gain access to their user interface, through which the Buyer may, in particular, place orders for goods (hereinafter referred to as the “User Account”). If the Online Store web interface allows, the Buyer may also place orders for goods without registration, directly through the Online Store web interface.

 

2.2.    The Buyer is obliged to provide complete, accurate and truthful information when registering and when placing orders for goods. In the event of any change to the information provided in the User Account, the Buyer is obliged to update such information without undue delay. The information provided by the Buyer in the User Account and when placing an order shall be deemed correct by the Seller.

 

2.3.    Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality of all data and information necessary for access to the User Account and to ensure that such data and information are not disclosed to or made accessible to any third parties.

 

2.4.    The Buyer is not entitled to allow any third parties to use the User Account.

 

2.5.    The Seller is entitled to cancel the User Account, in particular if the Buyer has not used the User Account for a period exceeding two (2) years, or if the Buyer breaches their obligations arising from the Purchase Contract (including these Terms and Conditions).

 

2.6.    The Buyer acknowledges that the User Account may not be available on a continuous basis, in particular due to necessary maintenance of the Seller’s hardware and software, or due to maintenance of the hardware and software of third parties.

 

III.Conclusion of the Purchase Contract

3.1.    All goods presented in the Online Store interface are for informational purposes only and the Seller is not obliged to conclude a Purchase Contract in respect of such goods. The provisions of Section 1732(2) of the Civil Code shall not apply in this case. The Online Store interface contains information about the offered goods, including the prices of individual items. The stated prices are valid for the period during which they are displayed in the Online Store interface. This shall not affect the Seller’s right to conclude a Purchase Contract under individually agreed terms and conditions. 

 

3.2.    The Purchase Contract between the Seller and the Buyer is concluded at the moment the Buyer accepts the Seller’s offer, in particular by submitting a binding order via the Online Store at www.terezacha.cz, or by another agreed method, such as by e-mail or in person. The conclusion of the Purchase Contract is conditional upon full payment of the purchase price or, where applicable, the agreed advance payment. The Buyer agrees to the use of means of distance communication in the conclusion of the Purchase Contract. The Seller shall commence production or dispatch of the goods only after full payment of the purchase price or the agreed advance payment has been made.

 

3.3.    The Buyer selects the desired goods in the Online Store and, where applicable, provides their specific details. The Buyer then selects the method of delivery and payment and enters their contact details and delivery address. Prior to submitting a binding order, the Buyer is informed of the purchase price, the specification of the goods, the estimated delivery time, the entered contact details, the delivery address, and the selected method of delivery and payment. Such information is relevant and valid only for deliveries within the territory of the Czech Republic. Before submitting the order, the Buyer is given the opportunity to review and, if necessary, amend all entered information. After the order is submitted, the Buyer will receive confirmation of its receipt at the provided e-mail address, including payment details for full payment of the purchase price. By clicking the “Order with obligation to pay” button, the Buyer places a binding order.

 

3.4.    By submitting an order, the Buyer confirms that they are ordering the goods specified in the order, that they have read the applicable Terms and Conditions, and that they agree to them in the wording effective at the time the order is submitted. Proper and complete completion of all required information in the order form is a condition for the validity of the order. The Seller reserves the right not to be obliged to conclude a Purchase Contract, in particular if the order contains incomplete information or if the Buyer is a person who has materially failed to fulfil their obligations towards the Seller in the past. The Seller is further entitled to reject the order in the event of an obvious error in the price, description, or display of the offered goods on the website.

 

3.5.    If the order concerns goods that are not part of the Seller’s standard offering and are to be manufactured or modified according to the Buyer’s individual requirements, the Seller shall confirm receipt of the order by e-mail and send a design proposal to the Buyer’s e-mail address. In such case, the Purchase Contract shall be concluded only after mutual confirmation and approval of the design of the goods, their price, and any additional conditions relating to payment and the production process of the goods.

 

3.6.    The Seller customarily uses its own materials in the production of goods. Materials supplied by the Buyer shall be used only if their use is technically feasible and the Buyer expressly insists on such use. The Seller shall not be liable for the quality of materials provided by the Buyer or for their potential unsuitability for the production of the goods.

 

3.7.    The Seller reserves the right not to accept the Buyer’s order, in particular if:
a) the ordered goods are not available;
b) the Seller’s capacity or technological capabilities do not allow fulfilment of the order;
c) the order exceeds the usual quantity of goods the Seller is able to supply; or
d) the order contains obvious errors or incomplete information.

The Seller shall inform the Buyer of such fact without undue delay.

 

3.8.    In the event that an obviously incorrect price, an obviously incorrect description, or an incorrect display of goods is stated in the Online Store, the Seller shall not be obliged to supply the goods under such incorrect conditions, even if the Buyer has received confirmation of receipt of the order. An obvious error shall include, in particular, a situation where the price of the goods clearly does not correspond to their usual price, or where one or more digits are missing or excessive.

 

3.9.    The Seller may allow the Buyer to apply a discount to the purchase of goods, in particular in the form of a discount code or other benefit. In order to apply the discount, the Buyer is obliged to enter the relevant details in the designated field of the order form prior to its submission. Discounts cannot be applied retroactively unless expressly stated otherwise.

 

IV.Payment Terms

4.1.    The Seller shall commence performance under the Purchase Contract only after full payment of the purchase price has been made. The risk of damage to the goods shall pass to the Buyer upon handover of the goods to the carrier, or, in the case of personal delivery, upon acceptance of the goods by the Buyer. Ownership of the goods shall pass to the Buyer only upon full payment of the purchase price.

 

4.2.    The Buyer may pay the purchase price and any costs related to the delivery of the goods under the Purchase Contract using the following methods:
a) by cashless bank transfer to the Seller’s CZK account No.2802456631/2010;
b) by cashless bank transfer to the Seller’s EUR account No.2903560008/2010;
c) by cashless payment card;
d) via other electronic payment methods, such as QR code, Apple Pay, Google Pay, etc.;
e) in cash, up to a maximum amount of CZK 270,000.

The purchase price shall be due no later than seven (7) calendar days from the submission of the order, unless otherwise agreed between the Contracting Parties.

 

4.3.    In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall be deemed to include the costs of delivery of the goods.

 

4.4.    The tax document (invoice) will be issued in electronic form after full payment of the purchase price and will be sent to the e-mail address provided by the Buyer in the order. If the Buyer has a User Account, the tax document will also be made available to the Buyer within the User Account.

 

V.Delivery of Goods and Transportation

5.1.    Production of the goods shall commence after full payment of the purchase price or, if agreed by the Contracting Parties, after payment of part of the purchase price as an advance payment.

 

5.2.    Unless agreed otherwise, the delivery time of an order depends on the specific availability of the selected piece of jewellery and is always stated for its particular variant. The production time for jewellery ranges from six (6) business days up to bespoke production, where the production time is set at four (4) to six (6) weeks. The Buyer shall always pay attention to the production time displayed for each piece of jewellery.

 

5.3.    If the goods are manufactured according to the Buyer’s individual design, production shall commence only after such design has been approved by the Buyer. The delivery time for such goods shall be determined individually, and the Seller shall inform the Buyer of the estimated delivery time. If it is not possible to meet the agreed delivery time, the Seller shall notify the Buyer by e-mail.

 

5.4.    In the event of an order consisting of multiple pieces of jewellery with different availability, the delivery time of the entire order shall be governed by the piece of jewellery with the longest delivery time. The estimated delivery time shall be communicated to the Buyer via the Online Store or through individual communication with the Seller.

 

5.5.    The goods shall be delivered to the Buyer in the manner selected by the Buyer in the order, or by another method agreed between the Contracting Parties.

 

5.6.    If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place designated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the goods upon delivery or upon repeated delivery, the Seller shall be entitled to withdraw from the Purchase Contract. In such case, the Buyer shall be obliged to compensate the Seller for all damages incurred as a result of the withdrawal from the Purchase Contract.

 

5.7.    If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a method other than that specified in the order, the Buyer shall be obliged to pay the costs associated with such repeated or alternative delivery.

 

5.8.    Upon taking delivery of the goods from the carrier, the Buyer is obliged to immediately inspect the integrity of the packaging and to notify the carrier without undue delay of any signs of damage. If the packaging is damaged in a manner indicating unauthorized interference with the shipment, the Buyer is not obliged to accept the shipment. If the Buyer nevertheless accepts the shipment, the Buyer is obliged to record the damage in detail in the delivery report and to inform the Seller of the incomplete or damaged shipment without delay. This shall not preclude subsequent claims regarding incompleteness or external damage to the shipment; however, it enables the Seller to demonstrate that no breach of the Purchase Contract has occurred.

 

5.9.    The Seller provides delivery of goods primarily within the territory of the Czech Republic and the Slovak Republic. Delivery of goods to other countries is possible only on the basis of an individual agreement between the Seller and the Buyer, in particular via electronic communication, especially by e-mail.

 

5.10.    Gift vouchers are delivered to the Buyer in electronic form to the e-mail address provided in the order. The validity period of the gift voucher is stated at the time of purchase and is set at six (6) months from the date of purchase.

 

VI.Withdrawal from the Purchase Contract

6.1.    If the Purchase Contract is concluded with a Buyer who is a consumer and is concluded by means of distance communication (i.e. not in person at the Seller’s registered office), such Buyer shall, in accordance with Section 1829(1) of Act No. 89/2012 Coll., be entitled to withdraw from the contract within fourteen (14) days from the date of receipt of the goods. This right shall not apply if the goods have been modified according to the consumer’s wishes or made to their personal requirements. A consumer shall mean a natural person who does not act within the scope of their business or professional activity when concluding the contract. For the avoidance of doubt, the consumer shall be entitled to withdraw from the contract within fourteen (14) days only if they purchased ready-made goods marked in the Online Store with the status “Material in stock”. In the case of bespoke production and goods that are not part of the Seller’s standard offering and are to be manufactured or specially modified according to the Buyer’s individual requirements, the consumer shall not be entitled to withdraw from the contract, even if the contract was concluded by means of distance communication.

 

6.2.    The Buyer who decides to withdraw from the Purchase Contract within the period specified above may exercise the right of withdrawal at least by sending an e-mail to info@terezacha.cz and shall then proceed in accordance with the information set out in the section “Withdrawal from the Purchase Contract” available at /odstoupeni-od-kupni-smlouvy/. The Seller shall confirm receipt of the withdrawal without undue delay. The Buyer is obliged to return the goods to the Seller’s address within fourteen (14) days from sending the notice of withdrawal, together with the withdrawal form. The Buyer may also return the goods in person at the Seller’s registered office.

 

6.3.    The goods must be returned complete, unused, with all documentation and accessories, undamaged, and, where possible, in the original packaging. The Buyer acknowledges that if the returned goods are in any way damaged, worn, or diminished in value, the Seller shall be entitled to compensation for the damage incurred. The Seller is entitled to unilaterally set off such compensation against the Buyer’s claim for a refund of the purchase price, and the Buyer expressly agrees to such set-off.

 

6.4.    The costs of returning the goods to the Seller shall be borne by the Buyer, including in cases where, due to the nature of the goods, the goods cannot be returned by standard postal means.

 

6.5.    The Seller undertakes to refund to the Buyer the funds received from the Buyer within fourteen (14) calendar days from the date of withdrawal from the contract. The funds shall be refunded using the same method of payment as that used by the Buyer. However, the Seller is not obliged to refund the purchase price before the goods have been returned to the Seller or before the Buyer proves that the goods have been sent back to the Seller. The Seller may also refund the funds upon receipt of the returned goods or by another method, provided that the Buyer agrees and no additional costs are incurred by the Buyer.

 

VII.Rights Arising from Defects

7.1.    The rights and obligations of the Contracting Parties arising from defective performance shall be governed by generally binding legal regulations. The Seller shall be liable to the Buyer for the goods being free from defects upon acceptance. In particular, the Seller shall be liable for the goods:
a) corresponding to the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed characteristics;
b) being fit for the purpose required by the Buyer and agreed to by the Seller.

 

7.2.    The Seller shall further be liable for the goods, beyond the agreed characteristics, meeting the following requirements:
a) being fit for the usual purposes for which goods of the same kind are used, taking into account the rights of third parties, applicable legal regulations, technical standards, or codes of conduct of the relevant industry, where no specific technical standards exist;
b) having such quantity, quality and other characteristics, including durability, functionality, compatibility and safety, as are usual for goods of the same kind and which the Buyer may reasonably expect, also with regard to public statements made by the Seller or other persons in the same contractual chain, in particular in advertising or product labelling;
c) corresponding in quality and workmanship to the sample or model provided by the Seller to the Buyer prior to the conclusion of the contract.

 

7.3.    f the goods are not in conformity with the Purchase Contract upon acceptance by the Buyer, the Buyer shall be entitled to request delivery of new goods free from defects, unless this is disproportionate in view of the nature of the defect. The Buyer acknowledges that, due to the handmade nature of the goods, it may not be possible to produce new goods that are entirely identical to the original.

 

7.4.    If the defect relates only to a specific part of the goods, the Buyer shall be entitled to request replacement of that part; if this is not possible, the Buyer may withdraw from the contract. However, if the defect is of such a nature that it can be remedied easily and without undue delay, the Buyer shall be entitled to free removal of the defect.

 

7.5.    If a defect becomes apparent within twelve (12) months from acceptance of the goods, the goods shall be deemed to have been defective at the time of acceptance. The Buyer is entitled to lodge a complaint within the warranty period, which is twenty-four (24) months from acceptance of the goods. The warranty does not cover damage caused by improper handling or improper care, nor changes in the appearance of the goods resulting from normal wear and tear or natural ageing.

 

7.6.    The Buyer is obliged, when exercising rights arising from defective performance, to choose the manner in which the complaint is to be resolved, in particular whether the Buyer requests repair of the goods, replacement of the goods or a part thereof, a reasonable discount from the purchase price, or withdrawal from the Purchase Contract, where permitted by applicable law. The Buyer may not subsequently change the chosen method of resolution of the complaint without the Seller’s consent.

 

7.7.    The Seller is entitled to refuse the chosen method of remedy if such method is objectively impossible or disproportionately costly with regard to the nature of the defect, the value of the goods without defects, and the fact that the goods are handmade, for which it is not always possible to ensure an entirely identical replacement.

 

7.8.    The Buyer acknowledges that minor differences in colour, shape, size or structure of the materials used may occur, in particular with natural stones, pearls and surface finishes, and that the actual appearance of the goods may differ from the colour representation displayed on the website. Such differences do not constitute a defect of the goods and do not give rise to a claim.

 

7.9.    The Buyer acknowledges that natural wear and tear resulting from normal use, as well as changes in appearance caused by the natural ageing of materials, do not constitute a defect of the goods. In the case of jewellery made of gold-plated silver, gradual thinning or loss of the gold plating may occur over time; this is a natural characteristic of this material and does not constitute a defect of the goods.

 

7.10.  If the Buyer does not exercise the right to withdraw from the contract or the right to delivery of new goods free from defects, replacement of a part, or repair, the Buyer may request a reasonable discount from the price of the goods. The Buyer shall also be entitled to a discount if the Seller is unable to deliver new goods free from defects, replace the defective part, or repair the goods, as well as in cases where the Seller fails to remedy the defect within a reasonable time or where remedying the defect would cause significant inconvenience to the Buyer.

 

7.11.  The Seller is liable for the goods being delivered with the agreed accessories and with instructions for use, where such instructions are customary or necessary with regard to the nature of the goods. In the case of handmade jewellery, instructions for use shall primarily mean information on proper care and handling of the goods.

 

7.12.  The Buyer acknowledges that natural wear and tear resulting from normal use, as well as changes in appearance caused by the natural ageing of materials, do not constitute a defect of the goods. In the case of jewellery made of gold-plated silver, gradual thinning or loss of the gold plating may occur over time; this is a natural characteristic of this material and does not constitute a defect of the goods.

 

VIII.Complaint Procedure

8.1.    The Buyer may exercise rights arising from defective performance in writing at the Seller’s registered office address or electronically by e-mail at info@terezacha.cz. The Seller shall inform the Buyer of receipt of the complaint within five (5) business days. The complaint shall be resolved in writing no later than thirty (30) days from the date of delivery of the complaint, and the Buyer shall be informed of the outcome within the same time limit.

 

8.2.    The Seller shall issue to the Buyer who has lodged a complaint a written confirmation containing the date of receipt of the complaint, its content, and the method of resolution requested by the Buyer. The Seller shall further issue confirmation of the date and manner of resolution of the complaint and, in the event the complaint is rejected, shall provide written justification.

 

8.3.    The Buyer may send the claimed goods via a carrier or deliver them in person to the Seller’s registered office address or to the Seller’s premises by prior arrangement. The moment the complaint is deemed to have been lodged shall be the moment the Seller physically receives the claimed goods. If the complaint is acknowledged as justified, the Buyer shall be entitled to reimbursement of postage costs in the necessary amount incurred.

 

8.4.    When sending the claimed goods, the Buyer is obliged to properly package the goods. The shipment should contain:
a) the claimed goods, including all accessories, components and any gifts that were part of the original packaging (the Seller recommends insuring the shipment appropriately against damage or loss);
b) a detailed description of the claimed defect;
c) sufficient contact details of the Buyer, in particular the return address and telephone number;
d) a copy of the proof of purchase.

Without the above information and documents, identification of the origin and nature of the defect may be difficult or impossible.

 

IX.Protection of Intellectual Property Rights

9.1.    The Buyer acknowledges that the goods manufactured or modified by the Seller, including photographs of the goods, advertising materials, photographs, images, product designations and the content of the website, constitute the Seller’s work and are protected by copyright law, trademark law, and the relevant provisions of the Civil Code relating to unfair competition.

 

9.2.    Without the Seller’s prior written consent, the Buyer is not entitled to manufacture or commission the manufacture of copies of the goods, nor to further sell, distribute or copy advertising materials, photographs or other similar content.

 

9.3.    The Seller is entitled to revoke the granted consent at any time. As the author of the goods, the Seller is entitled to manufacture identical or similar goods for another buyer without requiring the consent of the original Buyer.

 

9.4.    The Purchase Contract does not grant the Buyer any rights to industrial or other intellectual property, in particular to trademarks, trade names or corporate logos of the Seller or other persons whose products form part of the Seller’s offering, unless expressly stated otherwise. Rights relating to protection against unfair competition shall remain unaffected.

 

9.5.    If the goods are manufactured or modified according to the Buyer’s design, the Buyer declares that such manufacture or modification does not infringe the copyright, industrial property rights, or trademark rights of third parties.

 

9.6.    n the event that the Seller manufactures or modifies goods based on an idea or design provided by the Buyer, or in cooperation with the Buyer, the Buyer hereby grants the Seller a non-exclusive licence to such design, free of charge, without any time or territorial limitation, for the purpose of manufacturing and reproducing goods based on such design within the scope of the Seller’s business activities.

 

9.7.    The Buyer agrees that photographs of the goods purchased by the Buyer may be published on the Seller’s website, on the internet, on social media and in promotional materials, unless expressly agreed otherwise.

 

9.8.    The Buyer acknowledges that the elements forming the Online Store interface, including photographs of the offered goods, are protected by copyright law. The Buyer undertakes not to take any actions that could enable the Buyer or third parties to unlawfully interfere with or misuse the software or other components of the Online Store interface. The Buyer further acknowledges and agrees that the Seller shall not be liable for errors resulting from unauthorized interference by third parties with the website, nor for errors arising from use of the website contrary to its intended purpose or instructions.

 

X.Processing of Personal Data

10.1.  The Seller processes the Buyer’s personal data. More information about such processing can be found in the Privacy Policy.

 

XI.Final Provisions

11.1.  The primary communication channel between the Seller and the Buyer is e-mail, via the e-mail address info@terezacha.cz. If the Buyer requests communication by postal services, the Buyer shall bear the costs associated with such form of communication. In such case, the Seller reserves the right to respond to the Buyer by e-mail, provided that the Buyer has supplied an e-mail address.

 

11.2.  All contractual relationships concluded between the Seller and the Buyer shall be governed by the laws of the Czech Republic. In particular, they shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection.

 

11.3.  In accordance with Section 1820(1)(s) of the Civil Code and Section 14(1) et seq. and Section 20d of Act No. 634/1992 Coll., on Consumer Protection, the Seller hereby informs that the consumer is entitled to submit a proposal for out-of-court resolution of a consumer dispute to the Czech Trade Inspection Authority, which is the competent body for out-of-court settlement of consumer disputes. The application form and further information are available on the website of the Czech Trade Inspection Authority at https://adr.coi.cz. For the avoidance of doubt, the Seller emphasizes that nothing in these Terms and Conditions excludes the consumer’s right to pursue their claim directly before a civil court.

 

11.4.  The Buyer – consumer may also use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr. This platform is intended for the resolution of disputes between the Seller and the consumer arising from a purchase contract concluded by electronic means.

 

11.5.  If a relationship arising from the Purchase Contract or related to the use of the website contains an international (foreign) element, the Contracting Parties agree that such relationship shall be governed by Czech law. This shall not affect the rights of consumers arising from generally binding legal regulations, including those of European Union law.

 

11.6.  If any provision of these Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a new provision whose meaning and purpose shall be as close as possible to the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of these Terms and Conditions.

 

11.7.  These Terms and Conditions shall take effect on 1 August 2026.

 

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