Terms and Conditions for Sale of Goods via E-shop

 

1. Introduction

Who are we and how can you contact us?

We are the commercial company VENDOME s.r.o., Registration Number (IČO): 47907401, with its registered office at Jánská 449/12, Brno-město, 602 00 Brno, registered in the Commercial Register under file number C 9570 maintained by the Regional Court in Brno (hereinafter referred to as "we" or "BISAKU"). We operate the online store www.bisaku.cz, through which we sell rings, other jewelry, and potentially other goods (hereinafter also referred to as the "store"). If you purchase goods from us in the store, we act as the seller towards you.

If you need help with anything, you can contact us here:

• E-mail address: info@bisaku.cz

• Delivery address: Jánská 12, 602 00 Brno

2. Who are these terms and conditions intended for?

These terms and conditions are intended for those of you who purchase goods in our store. This can include both natural and legal persons, consumers as well as entrepreneurs (hereinafter referred to as "you").

• Who is a consumer?

Every individual who enters into a purchase contract with us outside the scope of their business activity or outside the independent exercise of their profession. These terms and conditions protect consumers in accordance with the legal regulations of the Czech Republic.

• Who is an entrepreneur?

An individual or a legal entity that enters into a purchase contract with us within the scope of their business. If you enter into a purchase contract with us as an entrepreneur, the provisions of these terms and conditions or their annexes intended for consumers do not apply to you.

What are these terms and conditions?

These terms and conditions are a binding legal document that forms an integral part of the purchase contract concluded between you and us based on your order in the store. The terms and conditions regulate the mutual rights and obligations of you as buyers and us as sellers.

The following 2 annexes also form an integral part of these terms and conditions:

1. Complaints Procedure (this regulates how to proceed if any defect appears with your goods) and you can find it at the end of these terms and conditions

2. Model withdrawal form (you can use this if you have the right to withdraw from the contract and want to return the goods to us).

The contract is governed by these annexes and they are binding for both us and you.

Can we agree on something different from what is found in the terms and conditions?

Yes, we can also agree individually in a separate purchase contract concluded, for example, via e-mail. Our individual agreements take precedence over these terms and conditions.

What is a user account and what is it used for?

1. You can register a user account in the store. It will allow you to access the part of the store that is accessible only after registration and logging in using your e-mail and password.

2. In the user account, you can pre-fill your personal data required to complete an order. This way you can simplify your future purchases, as the filled-in information will automatically populate when an order is placed.

3. You are obliged to use the user account in a way that does not cause harm to us or to any other buyer. You are also responsible for ensuring that the information filled in by you in the user account is true and correct, and that you keep the password to the user account confidential.

4. If we learn that you have not used the user account for more than 3 years or that you are using it in violation of these terms and conditions, we may cancel it.

5. Please also note that the user account may not be available continuously. Especially in cases where we need to perform maintenance on the technologies and systems we use.

What is a purchase contract and how can we conclude it together?

1. A purchase contract is an agreement between you and us, which is formed by these terms and conditions. Under this purchase contract, we undertake to deliver the goods you purchase to you and allow you to acquire ownership rights to them. And you undertake to take over the item and pay us the purchase price.

2. You can order goods on our online store www.bisaku.cz.

3. We want you to know everything you need to know about our goods before placing an order. However, please remember that the presentation of our goods in the store is not yet a binding offer to conclude a purchase contract (we hereby exclude Section 1732, paragraph 2 of Act No. 89/2012 Coll., the Civil Code). Even if you send us your order, we are not yet obliged to conclude a purchase contract with you and deliver the goods. There can be more reasons for not concluding it. We particularly do not appreciate if you have already significantly breached your obligations towards us in the past. It may also happen that you simply wish to order too many goods or the goods will not be available.

4. If you want to order our goods, just proceed as follows: You place the goods in the basket in your chosen quantity, size, material, and with any requested custom characteristics if we offer them for the goods. Especially for rings, measure your finger size well to avoid choosing the wrong ring size. Later modifications to rings can cause complications, particularly with the setting of stones, surface finishes, etc. Moreover, for some models (especially those with stone settings around the entire circumference of the ring), any resizing is impossible. If you do not know how to choose the right size, we will be happy to advise you.

5. In the next step, you will fill out the order form. After filling it out, your order will contain the following information:

• information about the ordered type of goods (including size, chosen material, etc.) and its quantity,

• information about the price of the goods and the method of its payment,

• information about the requested method of delivery of the ordered goods,

• information about the costs associated with the delivery of goods,

• information about the costs associated with the payment of the price of the goods,

• your first name and surname, or your business name and company registration number (IČO), information about the representative, delivery address, billing address, e-mail address, and telephone number; you can also pre-fill this information in the user account and it will automatically populate into the order.

Before you submit the order and pay the purchase price, you can of course check the entire order, change it, and potentially correct errors. Please check if the entered data is correct before sending the order. We bear no responsibility for errors caused by incorrect data.

By clicking the "Confirm purchase" button and checking the box to grant consent to these terms and conditions, you send us a proposal to conclude a purchase contract (hereinafter also referred to as the "order") and undertake to pay for the goods. We will send an order confirmation to your e-mail filled out in the order, which constitutes a binding acceptance of your proposal to conclude a purchase contract. As soon as you receive our order confirmation, the purchase contract is concluded. If we do not succeed in delivering the order confirmation to you, we may cancel your order.

We conclude the purchase contract in the Czech language. The purchase contract and all its parts (mainly the order, these terms and conditions, complaints procedure, and invoice) will be stored safely in our electronic archive. If you are a consumer, we will make this information available to you based on your written request. An e-mail also constitutes a written request. We allow these terms and conditions to be displayed in other languages on the website. In the event of a conflict between language versions of the terms and conditions, the version in the Czech language is decisive.

By agreeing to these terms and conditions, you agree that you will use so-called means of distance communication for concluding the purchase contract, as called by the Civil Code. Under this designation, imagine for example a computer, tablet, or phone. Especially with the internet. You pay the costs for using these means yourself within the framework of your standard payments for telephone, internet, etc.

If you buy goods as entrepreneurs, it is possible that our order form will not allow you to order the goods as an entrepreneur. In such a case, please contact us; we will conclude the contract with you over the phone or via email and issue you an invoice to pay the purchase price. At the same time, we reserve the right to cancel your order and withdraw from the purchase contract up until the time you take over the goods. Do not worry, if such an exceptional situation occurs, we will return your paid purchase price without undue delay. You will receive the money via non-cash transfer to the account you designate for this purpose.

What are the conditions for paying the purchase price?

1. By purchase price, we mean the price of the goods that was displayed to you in the order and which you undertook to pay by concluding the purchase contract. We state purchase prices including value-added tax. Purchase prices are valid for the period during which they are displayed to you in the store. Promotional prices apply until stocks are exhausted when stating the number of pieces of promotional goods, or for the period we have specified. Even so, we can agree otherwise individually. We can provide you with a discount on the purchase price. Unless we state otherwise in the store, you cannot combine provided discounts on the purchase price with each other.

2. Together with the purchase price, you will also pay us the costs associated with the delivery of goods and potentially other costs stated in the store within your order. Unless we state otherwise, in this article we mean by purchase price also the fees paid according to the order with the purchase price (costs associated with the delivery of goods). The same rules apply to the payment of these fees as to the payment of the purchase price.

3. Apart from the costs associated with the delivery of goods, we do not charge you any additional fees unless specified in the store within your order.

4. We are entitled to demand payment of the entire purchase price from you before we dispatch the goods to you.

5. You will pay us the purchase price and other fees paid according to the order online by payment card through a payment service provider (an online payment gateway or via the Apple Pay service). After we send you the order confirmation by e-mail, you will be redirected to the online payment gateway.

6. You fulfill your obligation to pay the purchase price at the moment when the total amount of the purchase price is credited to our account.

7. If you do not pay the purchase price and you are a consumer, we consider it as if you have withdrawn from the purchase contract. You can of course contact us to say that you do not want to withdraw. Then we can agree on the payment of the purchase price individually.

8. We will issue a tax document – invoice for your payment and send it to your email address, or potentially give it to you on paper upon delivery of the goods.

9. The ownership right to the ordered goods passes to you only after you pay the entire purchase price. If, in exceptional cases, goods were delivered to you for which the ownership right has not yet passed to you, you are obliged to return them to us at any time upon our request. Regardless of whether you have them or someone else does.

What are the delivery conditions for the goods?

1. We can deliver the ordered goods to you as follows:

2. We can send the goods to your chosen address using a carrier chosen by us offered in the store, namely within the territory of the Czech Republic;

3. You can also pick up the goods in person at one of our stores specified in the store.

We will deliver the goods in the manner and to the address you specify in the order. You are obliged to take over the goods delivered in this way.

You can find the costs associated with the delivery of goods in the store, and they apply for the period during which they are displayed in the store. Before submitting the order, these costs are displayed to you in the summary of your order.

If you wish to deliver the goods differently than we normally offer, contact us and we can arrange it individually. In that case, however, please note that you bear the risk for transport at your special request (we are not responsible for damage to goods during such transport) as well as potential additional costs associated with this method of transport.

If we are to deliver goods to your chosen address and you are a consumer, we fulfill our obligation to deliver the goods at the moment you physically take over the goods. If you are an entrepreneur, we fulfill our obligation to deliver the goods to you at the moment we hand over the goods to the first carrier.

We want to be sure that you receive the goods into your hands. We and the carrier may therefore require your identification data (name and order number) before handing over the goods, and in case of doubt, also an identity document (ID card, driving license, or passport). Otherwise, we do not have to hand over the goods to you.

If you want to pick up the goods in person, you have the obligation to take them over within 3 months from the day we inform you by e-mail that the goods are ready for collection. For wedding rings that we custom manufacture for you, the delivery time depends on the production time. We manufacture wedding rings between 2-4 weeks. Exceptionally, the delivery period may be extended by our company by an additional 7 days; the delivery period may be extended for a longer time only by agreement with you (e.g., during periods of production overload, etc.). You will be informed of this fact in a timely manner. Believe that it is also in our interest to deliver the goods to you as soon as possible.

If we do not deliver the goods to you within the deadlines set by these terms and conditions or in the order, you can prompt us to deliver within an additional deadline that will correspond to the circumstances.

We deliver goods (specifically jewelry) in the original BISAKU box. Together with the goods, we will also deliver the documents for the goods – mainly the invoice and proof of delivery. The jewelry is marked with the hallmark of the Czech Hallmarking Office according to Act No. 539/92 Coll., on Hallmarking and Testing of Precious Metals, as well as responsibility marks and the BISAKU logo. For all jewelry set with diamonds (brilliants), we supply a certificate of authenticity and quality of stones (4C), stating the weight in carats (ct), cut type, clarity, and color of the diamond.

For natural and laboratory-created gemstones and semi-precious stones (with the exception of diamonds and moissanites), natural variations in color, shade, or intensity of coloration may occur. The color of the stone may differ from the depiction in photographs and visualizations, as well as from stones displayed in the store. These differences are a natural characteristic of the stone and are not considered a defect of the goods.

If you do not take over the goods within the specified deadline, you are in default and are breaching the purchase contract. We understand that this can happen. But this creates additional costs for us, particularly for storing the goods and potential transport of the goods. Therefore, you are liable to us for damage or other harm that arises for us due to your default in taking over the goods.

Today's times are complex. It may happen that suppliers are delayed with the delivery of material for manufacturing the goods or another extraordinary event happens that significantly makes deliveries of goods difficult or impossible for us, even though we did not cause it (so-called force majeure). Cases of force majeure mainly include epidemics, war, mobilization, uprising, strike, official regulations, or other unpredictable obstacles that occur with us, our suppliers, or sub-contractors. If a case of force majeure occurs, we can postpone the delivery of goods by the duration of the obstacle and by a reasonable time necessary for delivering the goods after the obstacle disappears. It may happen that as a result of the obstacle, we will not be able to deliver the goods at all. Then we can, in accordance with Section 1765 of the Civil Code, renew negotiations with you regarding the purchase contract and agree, for example, on the delivery of other goods. If we do not agree, you can withdraw from the purchase contract.

From when are you already responsible for the goods?

1. From the moment the so-called risk of damage to the item passes to you, BISAKU is not responsible for potential damage, loss, theft, etc., but you are.

2. Are you picking up the goods in person? Then the risk of damage to the item passes to you at the moment you take over the goods. And if you do not take over the goods, although you were supposed to, the risk of damage to the item passes to you at the moment you were supposed to take over the goods.

3. Are we to deliver the goods according to the order ourselves or using a carrier? Then, if you are a consumer, the risk of damage to the item passes to you at the moment you physically take over the goods. This does not apply, however, if at your request we deliver the goods via a carrier that we did not offer you. If you are an entrepreneur, the risk of damage to the item passes to you already at the moment we hand over the goods to the first carrier.

4. When the goods are lost, or someone steals or damages them after the risk of damage has passed to you, you still have the obligation to pay us their purchase price (or respectively this circumstance is not a reason for returning the purchase price). This does not apply, however, if we or a person authorized by us caused this circumstance.

How can you claim a defect in the goods (make a complaint)?

• If a defect appears on your goods, you can make a complaint. Details on how to apply a complaint and how we handle complaints can be found in our Complaints Procedure, which is located at the end of these terms and conditions.

What warranty do we provide?

• If we provide you with a voluntary warranty beyond the scope of the law, you will receive a warranty card from us at the latest upon taking over the goods. General information about the quality warranty can be found in our Complaints Procedure.

• With the purchase of jewelry, we provide customers with service in the form of free jewelry cleaning once every two years, whereby the entitlement to the free provision of this service arises on the condition that the customer publishes a review of the specific store on the Google platform and this review remains published.

How can you withdraw from the contract as consumers?

1. Did you order goods from our offer in the store via the e-shop (e.g., a ring in a size, color, or material chosen from our offered options)? Then you have the right to withdraw from the purchase contract without giving a reason within 14 days of taking delivery. It is sufficient if you send us a notice of withdrawal within this period – it does not have to reach us on the last day of the period, the important thing is that you send it in time.

2. The 14-day period for withdrawal begins to run:

• for a single item of goods, from the day you or a third party designated by you (other than the carrier) took delivery of it from us or from the carrier; or

• for multiple items of goods delivered separately, from the takeover of the last piece; or

• for goods consisting of multiple parts, from the takeover of the last part;

• for agreed regular deliveries of goods, from the takeover of the first delivery.

You can withdraw by any clear statement – easily by e-mail, post, or in person at our store. You can also use our model form (found here). As soon as we receive the withdrawal from you, we will confirm it to you by e-mail.

Within 14 days of withdrawal, you must return the goods to us – by post or in person. You pay the costs of the return. If you want us or our carrier to come for the goods, the costs for collecting the goods will be as high as the costs of delivering the goods in this manner. The deadline is met if you send the goods before the period expires (it does not have to reach us on the last day of the period).

We will return the money (including delivery costs, namely in the cheapest offered variant) to you at the latest within 14 days in the same manner as you paid. But beware – we can wait until we receive the goods back, or until you prove that you have sent them.

We understand that you want to try the goods at home. However, if you handle them more than is necessary for a normal trial (e.g., you damage them or wear them significantly), we can deduct a part of the money from the return as compensation for the reduction in their value.

You can withdraw from the contract also in other cases where the law allows it – for example, if we do not deliver the goods to you even within an additional reasonable deadline, or if we breach the contract in another serious manner.

Did you order goods according to your requirements or customized to your needs (e.g., a wedding ring with an engraving or with a size adjusted tailored to you)? Then you cannot withdraw from the contract under the conditions stated in this article. In such a case, we would not be able to sell the goods to anyone else, so the law protects us.

After the statutory period of 14 days for withdrawing from the contract when purchasing in the e-shop has expired, we offer you an above-standard service – a 90-day guarantee. Even though the law does not impose this on us, we want you to have peace of mind when choosing an engagement ring. If you purchase an engagement ring or a ring from the jewelry section (internal designation "C" or "S") from us through the e-shop, you can return it to us within 90 days of purchase under the conditions listed below. The ring must be unworn and undamaged. We will assess the condition of the ring at our store. We do not refund cash for the returned ring, but we will issue you a voucher (gift voucher) in the value of the original purchase price, which you can use to select other BISAKU jewelry. This service does not apply to rings that were provided with a personalized engraving or were manufactured as a completely individual custom order.

What other rights do we, BISAKU, have?

If you buy from us as an entrepreneur, we can withdraw from the contract when:

• the goods are no longer available (for instance, they stopped being manufactured or delivered),

• their price or the price of material at the manufacturer changed significantly,

• you do not pay within 15 days after concluding the contract.

If you buy goods from us as a consumer, we have the right to withdraw from the contract for the reasons stated in the Civil Code (just like you). Especially in cases where you would seriously breach your obligations.

How do we process your personal data?

1. Information on how we process your personal data can be found in the Information on Personal Data Processing, which you can read in the Privacy Policy section. This information is not binding and is not part of the purchase contract or these terms and conditions. But we will be happy if you read it.

2. How can we communicate with each other and what are the delivery rules?

   • Unless we have agreed with you on a special method of communication, any common communication between us, within the framework of which we can establish, change, or cancel the purchase contract, will take place in accordance with this article of the terms and conditions. Specifically, this will involve the following methods of communication: personal delivery, delivery by registered post, courier service, or electronic mail, namely to the addresses that we have mutually notified to each other in writing.

   • You can also contact us by phone, but we will not establish, change, or cancel the purchase contract over the phone. That is, neither you nor we will commit to anything over the phone.

In Conclusion

1. If you have any problem with an order, goods, or a complaint, write to us – we will do everything to resolve it as quickly as possible and to your satisfaction.

2. Legal relationships arising between us and you from the purchase contract are governed by the law of the Czech Republic, excluding conflicts of law rules of international private law. We expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect your rights as consumers, which may result from the legal order that would otherwise apply to our legal relationship.

3. Purchase contracts concluded in accordance with these terms and conditions can be changed (by both us and you) only by written agreement (also via e-mails). If any provision of the terms and conditions (including annexes) is invalid, ineffective, or becomes so, a provision whose meaning comes closest to the invalid or ineffective provision will take the place of the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

4. We, BISAKU, are not bound by any code of conduct within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.

5. If you are an entrepreneur, as a buyer you assume the risk of a change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.

6. If you have any problem, we will be glad if you resolve it with us first. Just contact us in any manner. If you are consumers and wish to potentially resolve disputes out of court, you can turn to an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at the address www.coi.cz/informace-o-adr.

7. We use these terms and conditions, including annexes, for all contracts that we conclude with customers from April 7, 2025.
   
    

COMPLAINTS PROCEDURE

 

1. Introduction

What is this complaints procedure?

This complaints procedure is a binding legal document that forms an integral part of the contract concluded between you and us based on your order in the store and an integral part of the terms and conditions. This means that the contract and the terms and conditions are governed by it. In the complaints procedure, you will learn how you can claim a defect in faulty goods (mainly jewelry) and what you have a right to.

Can we agree on something different from what is found in the complaints procedure?

Yes, we can also agree individually in a separate purchase contract or other contract. Our individual agreements take precedence over this complaints procedure.

What is a defect?

1. A defect is our nightmare. Even though we try to sell the best goods, sometimes we cannot prevent defects. What constitutes a defect in goods is defined for a buyer-consumer in article 2.2. of the complaints procedure and for a buyer-entrepreneur in article 2.3. of the complaints procedure. Performance of a different item is also considered a defect. Defects in documents necessary for using the item are also considered defects.

2. If you conclude a contract with us as consumers, we bear responsibility for ensuring that the goods:

• correspond to what we agreed on – especially the description, size, color, metal type, type of setting, and overall appearance as stated on our website or as we explicitly arranged;

• are suitable for the purpose for which you informed us during the order and with which we agreed – for example, an engagement ring corresponds to this purpose both in design and execution;

• are delivered with what you could reasonably expect – i.e., including the box, potential maintenance instructions, and other accessories if customary for the goods (especially the hallmark and certificate of authenticity if the jewelry is set with a diamond or brilliant, etc.);

• are suitable for normal use, specifically jewelry for normal wearing as jewelry of that given type – e.g., earrings can be safely used in the ear, the ring has a corresponding surface finish, the jewelry does not pose a health risk, etc.;

• have properties (e.g., material quality, durability, processing, luster) that you can reasonably expect from goods of this category, also with regard to the information stated in our offer or in the manufacturer's presentation;

• correspond to the sample or photograph if you had the opportunity to see them before ordering.

If you conclude a contract with us as entrepreneurs, we bear responsibility for ensuring that the goods:

1. are delivered in the agreed quantity, quality, and execution. If we have not explicitly agreed on the quality or execution, we will deliver the goods to you in an execution that is suitable for the purpose resulting from the contract, or potentially for the purpose for which goods of this kind are normally used;

2. correspond to the agreed sample or template if any of these documents were provided. If the quality or execution stated in the contract and in the sample differ, what we explicitly agreed in the contract is decisive. If both the contract and the sample or template specify the quality or execution differently, but not in contradiction, the goods must correspond to both the contract and the provided sample or template.

By when must you claim a defect in the goods and what are you entitled to?

1. First, let's look at how things work with us when you conclude the contract as consumers.

• When you purchase goods from us as consumers, we are responsible for ensuring that they are free of defects upon takeover. If a defect manifests later, but was already on the goods at the moment you took them over, you have the right to claim it. Our obligations under the quality warranty are not affected by this if we provided you with this warranty beyond the scope of the law.

• If a defect manifests on the goods within 2 years from takeover (for goods purchased as used, within 1 year), you can claim it. Please notify us of the defect as soon as possible once you discover it. At the latest, you must claim it within 3 years of its discovery, provided it manifested in the above-mentioned two-year (or one-year) period. Later, we do not have to comply with your complaint.

• During the resolution of a justified complaint, the period for exercising rights from defective performance is suspended – thus it does not run for the period during which you cannot use the goods.

• If the defect on the goods manifests within 1 year from takeover, it is presumed that the defect already existed upon delivery. You do not have to prove it in any way (unless the nature of the defect or the goods excludes such a thing). If the defect manifests only after more than a year, it will be necessary to prove to us that the goods were already defective upon takeover. Otherwise, we do not have to comply with your complaint.

What can you demand when making a complaint about goods?

• In the first place, you have the right to the repair of the defective goods, or – if that is not possible or is disproportionately costly – to the delivery of new defect-free goods. The choice is yours, unless the chosen method is excessively expensive. If your chosen method of removing the defect were impossible or disproportionately costly compared to the second method (especially with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you), we can remove the defect by the second method. As a seller, we can refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the goods would have without the defect.

• If (i) we refuse to remove the defect or do not remove it within a reasonable time after it was pointed out so as not to cause you significant difficulties given the nature of the goods and the purpose for which you bought them, or if (ii) it is clear from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you, or (iii) the defect manifests repeatedly, or (iv) the defect is a material breach of contract, you can demand a reasonable discount from the price or you can withdraw from the contract. A reasonable discount is determined as the difference between the value of the goods without a defect and the defective goods we provided to you. You cannot withdraw from the contract if the defect in the goods is only insignificant; it is presumed that the defect is not insignificant unless the contrary is proven. If you withdraw from the contract, we will return the purchase price to you without undue delay after we receive the goods or after you prove to us that you have sent the goods.

• Until we resolve your complaint, you do not have to pay us the remaining part of the purchase price if any remains.

• The costs of the complaint are initially paid by you. If we accept the complaint, we will reimburse you for reasonably incurred costs – e.g., postage.

• You can remove the defect in the goods yourself or have it removed by someone else only in the event that we have agreed on it. Otherwise, we do not have to pay the incurred costs. By removing the defect, we would lose the opportunity to check ourselves whether there really was a defect on the goods, and whether the complaint is therefore justified.

Now let's look at how things work with us when you conclude the contract as entrepreneurs (for example because you are ordering goods for your business).

• You can claim only defects in goods that were on them already at the moment the risk of damage passed to you as the buyer, even if they manifest only later. Our obligations from the quality warranty are not affected by this if we provided you with this warranty beyond the scope of the law.

• You have the obligation to inspect the goods according to possibilities as soon as possible after the risk of damage to the item passes and convince yourself of its properties and quantity. This means that upon personal takeover from us you have the obligation to check the goods being taken over, their completeness, and the undamaged state of packaging, and further upon takeover of the goods from a carrier to properly and carefully check the condition of the shipment. In case of discovering any defects or deficiencies, you have the obligation to notify the authorized person (employee or carrier) immediately and you are entitled not to take over the goods. If you take over such damaged goods, it is necessary to describe the damage immediately in the handover or similar protocol and inform us about it. Breaching this obligation terminates your rights from defective performance.

• Apparent defects in the goods must be objected to without undue delay after you could have discovered them during a timely inspection and sufficient care. Otherwise, you lose the opportunity within judicial proceedings to effectively exercise your rights from defective performance.

• Hidden defects must be claimed without undue delay after you discovered them or with sufficient care should have discovered them, at the latest within two years from takeover of the goods. Otherwise, just like in the previous paragraph, you lose the opportunity within judicial proceedings to effectively exercise the right for hidden defects.

What are you entitled to when making a complaint as entrepreneurs?

• If the defective performance is a material breach of contract, you have the right to: (i) the removal of the defect by delivering a new item without a defect or by delivering the missing item, (ii) the removal of the defect by repairing the item, (iii) a reasonable discount from the purchase price, or (iv) withdrawing from the contract.

• A defect is a material breach of contract if we already knew or must have known at the time of concluding the contract that you would not have concluded the contract if you had foreseen this breach.

• If you do not notify the defect in the goods on time, even in the case of defective performance that is a material breach of contract, you have only the rights as in the case of defective performance that is an immaterial breach of contract.

• If the defective performance is an immaterial breach of contract, you are entitled to: (i) demand the removal of the defect, or (ii) demand a reasonable discount from the purchase price.

• If we do not remove the defect in the goods on time or refuse to remove the defect, you can demand: (i) a discount from the purchase price or (ii) you can withdraw from the contract. You cannot change the choice made without our consent.

10. By making a complaint, you are not relieved of the obligation to pay the price of the goods. The provision of Section 2108 of the Civil Code (Act No. 89/2012 Coll.) shall not apply.

11. The costs of the complaint will be borne by you.

Finally, let's show what applies to all customers:

1. The period for pointing out a defect is not the same as the service life of the goods. Service life is the period for which the goods should, with normal use and corresponding care, retain their properties and functionality. It can differ according to the type of goods, material, and manner of use.

2. If you have a problem with how we handled the complaint, we will be glad if you contact us. You can contact us in any way and we will try to resolve everything to your satisfaction. If you are a consumer, you can resolve a potential dispute also out of court – for example at the Czech Trade Inspection Authority (www.coi.cz/informace-o-adr).

And of course, you always have the option to turn to a court if you are not satisfied with the handling of the complaint or with our procedure.

What to do when you discover a defect on the goods?

In order for us to handle the complaint, we will need your cooperation. Contact us and describe to us:

• what the defect in the goods is, or respectively how it manifests itself.

• whether you want to repair the defect, exchange the goods for a new piece, withdraw from the contract, or want a reasonable discount;

• what your name is and what your address is, or potentially what your business name, ID number (IČO), and registered office are (ideally add a phone and e-mail so we can connect with you faster);

• a copy of the proof of purchase of the goods (invoice, payment confirmation, or other document) or the number of this document that we communicated to you when concluding the contract, or potentially prove in another credible way that and when the purchase of goods occurred.

You can contact us by all available means. For example, you can visit us at one of our stores or you can send us an e-mail to info@bisaku.cz and subsequently send the goods according to the complaints procedure. It depends of course on you which method you prefer. You can notify (point out) a defect in any demonstrable way.

2. Further, we will need you to deliver the defective goods free of all dirt together with the notification of the defect according to the complaints procedure or without undue delay after this notification. It is not necessary to send the complete goods, but only the defective part, unless we agree individually otherwise or prompt you to do so.

3. If you are a consumer, we will take over the goods at our own expense to remove the defect.

4. As soon as we receive the complaint from you, our emergency squad will set out to resolve everything as quickly as possible.

By when will we handle the complaint?

1. If you are consumers, we guarantee that we will handle the complaint at the latest within 30 days of its application. Application of a complaint means the moment when we receive all data listed in the complaints procedure together with the defective goods according to the complaints procedure, unless it is possible to handle the complaint even without them. Within this period, we will also inform you about the handling of the complaint. After the vain expiry of the period, you can withdraw from the contract or demand a reasonable discount. If you are not a consumer, we will try to manage everything within the same deadlines, but we do not guarantee a maximum deadline.

2. First, we will confirm to you as a consumer when you applied the complaint, what its content is, what method of handling the complaint you demand, and what contact details for providing information on the handling of the complaint you communicated to us. When everything is done, you will receive from us in black and white the date and method of handling the complaint, including confirmation of the repair performance and its duration. If we cannot accept your complaint, we will not hide the reasons. On the contrary, we will explain everything to you as accurately as possible. For contracts other than consumer contracts, we do not have the obligation to record complaints proceedings in such detail. But when you wish so, we will certainly agree.

3. If we were not managing to handle the complaint on time, we will get in touch with you. Of course, only if we have your phone or e-mail. It will be up to you whether you get us out of a tight spot and agree to an extension of the deadline.

4. If you send us the goods by post, they will automatically be sent back to your address after the handling of the complaint.

5. If you do not take over the goods within a reasonable time after we notified you of the option to take over the goods after repair, we will be entitled to a payment for storage in the usual amount.

6. Quality warranty

   • If we provide you with a quality warranty and you are consumers, the scope, conditions, and methods of exercising the right from defective performance will be governed preferentially by information listed in the warranty card, which we have the obligation to issue. For information not listed in the warranty card, and thus for defects that are not covered by the warranty, this complaints procedure and valid and effective legal regulations shall apply analogously. The consumer's right to a free remedy according to the Civil Code is not affected by the quality warranty.

When are we not responsible for defects?

• Even though we will always try to accommodate you, there are situations when we cannot bear responsibility for a defect in the goods. In some cases, it is not a real defect at all – or it arose due to other circumstances. Therefore, we do not have to accept a complaint especially if:

• you caused the defect yourself or someone to whom you entrusted the goods – for example by incorrect handling, mechanical damage, unauthorized ring resizing, etc.;

• it involves normal wear and tear caused by standard use of the goods – for example loss of luster, scratches, or minor deformations that do not prevent standard wearing and arose through normal use.

 

Terms and Conditions for In-Store Purchase of Goods

 

1. Introduction

Who are we and how can you contact us?

We are the commercial company VENDOME s.r.o., IČO: 47907401, with its registered office at Jánská 449/12, Brno-město, 602 00 Brno, registered in the Commercial Register under file number C 9570 maintained by the Regional Court in Brno (hereinafter referred to as "we" or "BISAKU"). We operate BISAKU brick-and-mortar stores, in which we sell rings, other jewelry, and potentially other goods (hereinafter also referred to as the "store"). If you purchase goods from us in the store, we act as the seller towards you.

If you want help with anything, you can contact us here.

What is this complaints procedure?

This complaints procedure is a binding legal document that forms an integral part of the contract concluded between you and us based on your order of goods in the store. In the complaints procedure, you will learn how you can claim defective goods and what you have a right to.

By purchasing goods in a brick-and-mortar store, you express your consent to this complaints procedure and it becomes binding for both you and us.

Can we agree on something different from what is found in the complaints procedure?

Yes, we can also agree individually in a separate purchase contract or other contract. Our individual agreements take precedence over this complaints procedure.

What is a defect?

1. A defect is our nightmare. Even though we try to sell the best goods, sometimes we cannot prevent defects. What constitutes a defect in goods is defined for a buyer-consumer in article 2.2. of the complaints procedure and for a buyer-entrepreneur in article 2.3. of the complaints procedure. Performance of a different item is also considered a defect. Defects in documents necessary for using the item are also considered defects.

2. If you conclude a contract with us as consumers, we bear responsibility for ensuring that the goods:

• correspond to what we agreed on – especially the description, size, color, metal type, type of setting, and overall appearance as stated on our website or as we explicitly arranged;

• are suitable for the purpose for which you informed us during the order and with which we agreed – for example, an engagement ring corresponds to this purpose both in design and execution;

• are delivered with what you could reasonably expect – i.e., including the box, potential maintenance instructions, and other accessories if customary for the goods (especially the hallmark and certificate of authenticity if the jewelry is set with a diamond or brilliant, etc.);

• are suitable for normal use, specifically jewelry for normal wearing as jewelry of that given type – e.g., earrings can be safely used in the ear, the ring has a corresponding surface finish, the jewelry does not pose a health risk, etc.;

• have properties (e.g., material quality, durability, processing, luster) that you can reasonably expect from goods of this category, also with regard to the information stated in our offer or in the manufacturer's presentation;

• correspond to the sample or photograph if you had the opportunity to see them before ordering.

If you conclude a contract with us as entrepreneurs, we bear responsibility for ensuring that the goods:

• are delivered in the agreed quantity, quality, and execution. If we have not explicitly agreed on the quality or execution, we will deliver the goods to you in an execution that is suitable for the purpose resulting from the contract, or potentially for the purpose for which goods of this kind are normally used;

• correspond to the agreed sample or template if any of these documents were provided. If the quality or execution stated in the contract and in the sample differ, what we explicitly agreed in the contract is decisive. If both the contract and the sample or template specify the quality or execution differently, but not in contradiction, the goods must correspond to both the contract and the provided sample or template.

By when must you claim a defect in the goods and what are you entitled to?

1. First, let's look at how things work with us when you conclude the contract as consumers.

2. When you purchase goods from us as consumers, we are responsible for ensuring that they are free of defects upon takeover. If a defect manifests later, but was already on the goods at the moment you took them over, you have the right to claim it. Our obligations under the quality warranty are not affected by this if we provided you with this warranty beyond the scope of the law.

3. If a defect appears on the goods within 2 years from takeover (for used goods within 1 year), you can claim it. Please notify us of the defect as soon as possible once you discover it. At the latest, you must claim it within 3 years of its discovery, provided it manifested in the above-mentioned two-year (or one-year) period. Later, we do not have to comply with your complaint.

4. During the resolution of a justified complaint, the period for exercising rights from defective performance is suspended – thus it does not run for the period during which you cannot use the goods.

5. If the defect on the goods manifests within 1 year from takeover, it is presumed that the defect already existed upon delivery. You do not have to prove it in any way (unless the nature of the defect or the goods excludes such a thing). If the defect manifests only after more than a year, it will be necessary to prove that the goods were already defective upon takeover. Otherwise, we do not have to comply with your complaint.

What can you demand when making a complaint about goods?

• In the first place, you have the right to the repair of the defective goods, or – if that is not possible or is disproportionately costly – to the delivery of new defect-free goods. The choice is yours, unless the chosen method is excessively demanding. If your chosen method of removing the defect were impossible or disproportionately costly compared to the second method (especially with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you), we can remove the defect by the second method. As a seller, we can refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the goods would have without the defect.

• If (i) we refuse to remove the defect or do not remove it within a reasonable time after it was pointed out so as not to cause you significant difficulties given the nature of the goods and the purpose for which you bought them, or if (ii) it is clear from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you, or (iii) the defect manifests repeatedly, or (iv) the defect is a material breach of contract, you can demand a reasonable discount from the price or you can withdraw from the contract. A reasonable discount is determined as the difference between the value of the goods without a defect and the defective goods we provided to you. You cannot withdraw from the contract if the defect in the goods is only insignificant; it is presumed that the defect is not insignificant unless the contrary is proven. If you withdraw from the contract, we will return the purchase price to you without undue delay after we receive the goods or after you prove to us that you have sent the goods.

Until we resolve your complaint, you do not have to pay us the remaining part of the purchase price if any remains.

The costs of the complaint are initially paid by you. If we accept the complaint, we will reimburse you for reasonably incurred costs – e.g., postage.

You can remove the defect in the goods yourself or have it removed by someone else only in the event that we have agreed on it. Otherwise, we do not have to pay the incurred costs. By removing the defect, we would lose the opportunity to check ourselves whether there really was a defect on the goods, and whether the complaint is therefore justified.

Now let's look at how things work with us when you conclude the contract as entrepreneurs (for example because you are ordering goods for your business).

1. You can claim only defects in goods that were on them already at the moment the risk of damage passed to you as the buyer, even if they manifest only later. Our obligations from the quality warranty are not affected by this if we provided you with this warranty beyond the scope of the law.

2. You have the obligation to inspect the goods according to possibilities as soon as possible after the risk of damage to the item passes and convince yourself of its properties and quantity. This means that upon personal takeover from us you have the obligation to check the goods being taken over, their completeness, and the undamaged state of packaging, and further upon takeover of the goods from a carrier to properly and carefully check the condition of the shipment. In case of discovering any defects or deficiencies, you have the obligation to notify the authorized person (employee or carrier) immediately and you are entitled not to take over the goods. If you take over such damaged goods, it is necessary to describe the damage immediately in the handover or similar protocol and inform us about it. Breaching this obligation terminates your rights from defective performance.

3. Apparent defects in the goods must be objected to without undue delay after you could have discovered them during a timely inspection and sufficient care. Otherwise, you lose the opportunity within judicial proceedings to effectively exercise your rights from defective performance.

4. Hidden defects must be claimed without undue delay after you discovered them or with sufficient care should have discovered them, at the latest within two years from takeover of the goods. Otherwise, just like in the previous paragraph, you lose the opportunity within judicial proceedings to effectively exercise the right for hidden defects.

5. What are you entitled to when making a complaint as entrepreneurs?

• If the defective performance is a material breach of contract, you have the right to: (i) the removal of the defect by delivering a new item without a defect or by delivering the missing item, (ii) the removal of the defect by repairing the item, (iii) a reasonable discount from the purchase price, or (iv) withdrawing from the contract.

• A defect is a material breach of contract if we already knew or must have known at the time of concluding the contract that you would not have concluded the contract if you had foreseen this breach.

• If you do not notify the defect in the goods on time, even in the case of defective performance that is a material breach of contract, you have only the rights as in the case of defective performance that is an immaterial breach of contract.

• If the defective performance is an immaterial breach of contract, you are entitled to: (i) demand the removal of the defect, or (ii) demand a reasonable discount from the purchase price.

• If we do not remove the defect in the goods on time or refuse to remove the defect, you can demand: (i) a discount from the purchase price or (ii) you can withdraw from the contract. You cannot change the choice made without our consent.

6. By making a complaint, you are not relieved of the obligation to pay the price of the goods. The provision of Section 2108 of the Civil Code (Act No. 89/2012 Coll.) shall not apply.

7. The costs of the complaint will be borne by you.

Finally, let's show what applies to all customers:

1. The period for pointing out a defect is not the same as the service life of the goods. Service life is the period for which the goods should, with normal use and corresponding care, retain their properties and functionality. It can differ according to the type of goods, material, and manner of wearing.

2. If you have a problem with how we handled the complaint, we will be glad if you contact us. You can contact us in any way and we will try to resolve everything to your satisfaction. If you are a consumer, you can resolve a potential dispute also out of court – for example at the Czech Trade Inspection Authority (www.coi.cz/informace-o-adr).

And of course, you always have the option to turn to a court if you are not satisfied with the handling of the complaint or with our procedure.

What to do when you discover a defect on the goods?

In order for us to handle the complaint, we will need your cooperation. Contact us and describe to us:

1. what the defect in the goods is, or respectively how it manifests itself.

2. whether you want to repair the defect, exchange the goods for a new piece, withdraw from the contract, or want a reasonable discount;

3. what your name is and what your address is, or potentially what your business name, ID number (IČO), and registered office are (ideally add a phone and e-mail so we can connect with you faster);

4. a copy of the proof of purchase of the goods (invoice, payment confirmation, or other document) or the number of this document that we communicated to you when concluding the contract, or potentially prove in another credible way that and when the purchase of goods occurred.

You can contact us by all available means. For example, you can visit us at one of our stores or you can send us an e-mail to info@bisaku.cz and subsequently send the goods according to paragraph 4.2. of the complaints procedure. It depends of course on you which method you prefer. You can notify (point out) a defect in any demonstrable way.

2. Further, we will need you to deliver the defective goods free of all dirt together with the notification of the defect according to paragraph 4.1. of the complaints procedure or without undue delay after this notification. It is not necessary to send the complete goods, but only the defective part, unless we agree individually otherwise or prompt you to do so.

3. If you are a consumer, we will take over the goods at our own expense to remove the defect.

4. As soon as we receive the complaint from you, our emergency squad will set out to resolve everything as quickly as possible.

By when will we handle the complaint?

1. If you are consumers, we guarantee that we will handle the complaint at the latest within 30 days of its application. Application of a complaint means the moment when we receive all data listed in paragraph 4.1. of the complaints procedure together with the defective goods according to paragraph 4.2. of the complaints procedure, unless it is possible to handle the complaint even without them. Within this period, we will also inform you about the handling of the complaint. After the vain expiry of the period, you can withdraw from the contract or demand a reasonable discount. If you are not a consumer, we will try to manage everything within the same deadlines, but we do not guarantee a maximum deadline.

2. First, we will confirm to you as a consumer when you applied the complaint, what its content is, what method of handling the complaint you demand, and what contact details for providing information on the handling of the complaint you communicated to us. When everything is done, you will receive from us in black and white the date and method of handling the complaint, including confirmation of the repair performance and its duration. If we cannot accept your complaint, we will not hide the reasons. On the contrary, we will explain everything to you as accurately as possible. For contracts other than consumer contracts, we do not have the obligation to record complaints proceedings in such detail. But when you wish so, we will certainly agree.

3. If we were not managing to handle the complaint on time, we will get in touch with you. Of course, only if we have your phone or e-mail. It will be up to you whether you get us out of a tight spot and agree to an extension of the deadline.

4. If you send us the goods by post, they will automatically be sent back to your address after the handling of the complaint.

5. If you do not take over the goods within a reasonable time after we notified you of the option to take over the goods after repair, we will be entitled to a payment for storage in the usual amount.

Quality warranty

If we provide you with a quality warranty and you are consumers, the scope, conditions, and methods of exercising the right from defective performance will be governed preferentially by information listed in the warranty card, which we have the obligation to issue. For information not listed in the warranty card, and thus for defects that are not covered by the warranty, this complaints procedure and valid and effective legal regulations shall apply analogously. The consumer's right to a free remedy according to the Civil Code is not affected by the quality warranty.

When are we not responsible for defects?

1. Even though we will always try to accommodate you, there are situations when we cannot bear responsibility for a defect in the goods. In some cases, it is not a real defect at all – or it arose due to other circumstances. Therefore, we do not have to accept a complaint especially if:

2. you caused the defect yourself or someone to whom you entrusted the goods – for example by incorrect handling, mechanical damage, unauthorized jewelry resizing, etc.;

3. it involves normal wear and tear caused by standard use of the goods – for example loss of luster, scratches, or minor deformations that do not prevent standard wearing and arose through normal use.

In Conclusion

1. If you have any problem with an order, goods, or a complaint, write to us – we will do everything to resolve it as quickly as possible and to your satisfaction.

2. Legal relationships arising between us and you from the purchase contract are governed by the law of the Czech Republic, excluding conflicts of law rules of international private law. We expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect your rights as consumers, which may result from the legal order that would otherwise apply to our legal relationship.

3. We, BISAKU, are not bound by any code of conduct within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.

4. If you are an entrepreneur, as a buyer you assume the risk of a change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.

5. If you have any problem, we will be glad if you resolve it with us first. Just contact us in any manner. If you are consumers and wish to potentially resolve disputes out of court, you can turn to an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at the address www.coi.cz/informace-o-adr.

6. We use this complaints procedure for all contracts that we conclude with customers from April 7, 2025.

 

Terms and Conditions for Jewelry Servicing and Other Services

1. Introduction

Who are we and how can you contact us?

We are the commercial company VENDOME s.r.o., IČO: 47907401, with its registered office at Jánská 449/12, Brno-město, 602 00 Brno, registered in the Commercial Register under file number C 9570 maintained by the Regional Court in Brno (hereinafter referred to as "we" or "BISAKU"). We operate the online store www.bisaku.cz, through which we sell rings and other jewelry (hereinafter also referred to as the "store"). In addition to that, however, we also offer services – jewelry care, servicing, ring modification or custom engraving, which you can order via phone call or e-mail.

If you need help with anything, you can contact us here and at:

• Delivery address: Jánská 12, 602 00 Brno

Who are these terms and conditions intended for?

These terms and conditions are intended for everyone who orders a service from us – for example, jewelry care, its modification, engraving, or other servicing. This can include consumers or, if we so agree, entrepreneurs as well (hereinafter referred to as "you").

• Who is a consumer?

A consumer is any individual who orders a service from us outside the scope of their business activity or profession. We protect consumers according to the relevant legal regulations of the Czech Republic.

• Who is an entrepreneur?

An entrepreneur is a person (natural or legal) who orders a service from us within the scope of their business or profession. If you act as an entrepreneur, some provisions of these conditions that are intended exclusively for consumers do not apply to you.

What are these terms and conditions?

These terms and conditions are a binding legal document that forms an integral part of the service provision contract concluded between you and us on the basis of your order placed distantly (for example by e-mail, telephone, or other remote means). The terms and conditions regulate our mutual rights and obligations – yours as customers and ours as service providers.

The following 2 annexes also form an integral part of these terms and conditions:

1. Complaints Procedure - regulates how to proceed if anything is wrong with the provided service or the result of the work;

2. Model withdrawal form – you can use this if you wish to withdraw from the contract within the statutory period.

The contract is governed by these annexes and they are binding for both us and you. You can find them by clicking on the links above.

• With the purchase of jewelry, we provide customers with service in the form of free jewelry cleaning once every two years, whereby the entitlement to the free provision of this service arises on the condition that the customer publishes a review of the specific store on the Google platform and this review remains published.

Can we agree on something different from what is found in the terms and conditions?

Yes, of course. If you agree with us on something specific – for example by e-mail or in another remote manner – your individual agreement always takes precedence over these terms and conditions. Such an agreement is just as binding for us as it is for you.

What is a service contract and how can we conclude it together?

1. By a service contract, we mean an agreement between you and us, on the basis of which we undertake to provide you with the agreed service – for example, perform an engraving on your jewelry, adjust its size, polish it, or perform other agreed care. In return, you undertake to take over the service and pay us the agreed price for it. These terms and conditions are also part of this contract.

2. You do not order services from us directly through the e-shop, but for example by e-mail, telephone, or in another distant manner – that is, remotely. Such an arrangement between us is just as binding as if you came in person.

3. Before ordering, we will always be happy to explain to you what the service entails, what you can expect from us, and what its price is. The description of services and indicative information can also be found on our website, but this is not a binding offer within the meaning of the law (we explicitly exclude Section 1732 paragraph 2 of the Civil Code). Even after your order has been sent (e.g., by e-mail), we have the right to refuse it – for instance, if it turns out that we cannot perform the service for technical reasons, or if you have breached your obligations towards us in the past.

4. The contract is concluded between us at this moment:

   • If we conclude the contract by e-mail, the contract is concluded at the moment we receive your e-mail consent to our offer. Subsequently, we will confirm to you that we have concluded a service provision contract together.

   • If we conclude the contract by telephone, we will send you an e-mail confirmation of our offer made during the telephone call after the call ends. The contract is concluded only at the moment we receive your e-mail consent to our offer. Subsequently, we will confirm to you that we have concluded a service provision contract. If you are an entrepreneur, we can conclude the contract with you directly over the phone, without the need for e-mail confirmation.

If you are a consumer, along with the order confirmation we will also send you the wording of these terms and conditions and the model withdrawal form, unless we have sent you the documents earlier.

Before we agree on the service, we will inform you of:

1. what exactly the service entails (e.g., what intervention will be performed on the jewelry),

2. what its price will be,

3. what the approximate completion date is,

4. where and how you will deliver the jewelry to us, or potentially where you will pick it up.

We conclude the contract in the Czech language. The contract, including all its parts (order, these terms and conditions, acknowledgement of receipt, potential invoice), will be stored in our system. If you are consumers, we will gladly provide you with these documents upon request, for example by e-mail.

Your consent to these terms and conditions is part of every order process. Therefore, we will require your consent to these terms and conditions when concluding the contract. By consenting to the terms and conditions, you confirm that you have familiarized yourself with these terms and conditions and that you will be bound by them. At the same time, you agree that you are concluding the contract with us via so-called means of distance communication – i.e., e.g., via the internet, e-mail, or telephone. You pay the costs for their use (e.g., internet connection or calling fees) yourself.

What are the conditions for paying the purchase price?

We will always inform you of the price of the service in advance – within the framework of e-mail or telephone communication, and in the case of a phone call, also in the confirmation of our telephone offer. The stated price also includes value-added tax. For some services, this may be an indicative price that may change slightly according to the scope of work (for example, when extending a request). We will always agree on any change in advance. Unless we mutually agree otherwise, the price that we confirmed to you in the email, by phone, or other form of communication applies. We can provide you with a discount – this is either individual or announced within a promotional campaign. Unless stated otherwise, provided discounts do not stack.

Together with the price for the service, you can also pay any costs associated with the delivery or return of the jewelry (e.g., if you send the jewelry by post or use our transport). We will always inform you of these costs in advance. Unless stated otherwise, we consider them part of the total price of the service.

For certain services (e.g., custom engravings, significant jewelry modifications), we may require payment of the entire price in advance, or potentially a deposit. We will agree on the method of payment before confirming your order. If we agree on paying a deposit in advance, its amount will be determined individually according to the nature of the service. The deposit is payable before the provision of the service begins. If, after we have already started providing the service, you change your mind about its execution without a reason or withdraw from the contract only after its partial fulfillment, we have the right to keep a part of the paid deposit corresponding to the already performed part of the service and reasonably incurred costs.

You can pay the price for the service by transfer to our bank account (we will send you the details by e-mail) or in cash upon personal handover. In individual cases, we also allow other methods of payment (e.g., QR code, payment gateway) – always according to agreement.

We consider your obligation to pay the price fulfilled at the moment the entire amount is credited to our account or when you pay it in cash.

If you are a consumer and do not pay the price even within a reasonable period, we will consider it as if you are withdrawing from the contract. Of course, you can contact us and we will agree on a different procedure.

After paying the price, we will issue you a tax document – invoice, either electronically (to your e-mail) or in paper form during personal handover, according to the agreement.

How can you hand over jewelry to us to perform the service?

1. If you have ordered a service from us (e.g., engraving, resizing, repair, or cleaning of jewelry), we need you to hand over the jewelry to us. You can do this in two ways:

2. In person at our store – during opening hours. You can find the address and opening hours on our website or in the order confirmation;

3. Sending the jewelry by post, transport service, or courier – to our address, which we will send to you in the order confirmation.

If you send us the jewelry, you are responsible for its safe packaging and delivery. We recommend that you:

• send it as an insured shipment,

• pack it so that it cannot be damaged during transport.

You pay the costs of sending the jewelry to us yourself. If you wish for us to arrange a collection for the jewelry (e.g., by courier), let us know – we are able to offer this option for an additional fee. We will inform you about the price in advance.

As soon as we take over the jewelry, we will confirm it to you by e-mail or telephone. We will inform you continuously about the further progress of the service.

What are the delivery conditions for the serviced jewelry?

We can hand over the modified or otherwise serviced jewelry to you in these ways:

• By sending it to your specified address through a carrier chosen by us, namely within the territory of the Czech Republic;

• By personal collection at our store.

We will deliver the jewelry in the manner and to the address you specify when ordering the service. You undertake to take over the jewelry and thereby take over the provided service.

We will inform you of the costs associated with the delivery of the jewelry in advance – either within the service order or in individual communication. You will always find them in the summary of your order confirmation.

If you wish a different method of delivery than we normally offer, contact us – we can arrange it individually. In such a case, however, you note that we bear no responsibility for delivery at your special request and you pay the additional costs associated with it.

If you are a consumer, we consider the jewelry (and thereby the provided service) delivered at the moment you physically take it over. If you are an entrepreneur, delivery is fulfilled already by handing over the jewelry to the carrier.

To be sure that the jewelry gets into the right hands, we (or the carrier) may require identity verification from you – e.g., name, order number, or potentially the presentation of an identity document. If you cannot provide these details, we do not have to hand over the jewelry.

Upon personal collection, you have the obligation to pick up the jewelry within 3 months from the day we inform you by e-mail that it is ready for collection. The delivery period varies according to the scope of the service. For example, engravings or modifications usually take several working days; in individual cases (e.g., complex repairs or seasonal overload), the period may be longer. We will always inform you about the estimated delivery time.

If we do not deliver the jewelry to you within the agreed period, you can prompt us to remedy it within an additional reasonable period. Non-delivery within the specified or additional period can be a reason to withdraw from the contract.

If you do not take over the jewelry within the specified period, you are in default. If costs arise for us from this (e.g., for repeated delivery or storage), you are responsible for their compensation. At the same time, this entitles us to charge you a reasonable compensation for damage or other harm.

In extraordinary cases (e.g., epidemics, natural events, disruption of supply chains), a delay in the service may occur, so-called force majeure. In such a case, the period for its provision (and delivery of the jewelry) can be reasonably extended. If providing the service is not possible at all, we can mutually negotiate a change in the contract (e.g., a different scope or type of service). If we do not agree, you have the option to withdraw from the contract.

How can you claim a defect in the service (make a complaint)?

1. If you find that we have provided the service (e.g., jewelry modifications, engravings, repairs, or cleaning) defectively, do not worry – we are here for you.

2. How exactly to apply a complaint for a service and how we handle it can be found in our Complaints Procedure.

3. How can you withdraw from the contract as consumers?

   • If you order a service from us distantly (for example by e-mail or telephone), you have the right as consumers to withdraw from the contract without giving a reason within 14 days of its conclusion. For withdrawal, it is sufficient if you send us a notice within the period – it does not have to reach us on the last day, it is enough that you send it on time.

   • You cannot withdraw from the contract if we have provided you with the service in its full scope, and at the same time you explicitly consented in advance to the commencement of performance before the expiry of the 14-day period and you were instructed that you thereby lose the right to withdraw from the contract. You can withdraw from the contract, but you will pay us a proportional part of the agreed price corresponding to the scope of the performed service and potential costs, if we have provided you with the service partially and at the same time you explicitly consented in advance to the commencement of performance before the expiry of the 14-day period and you were instructed that in the event of withdrawal we are entitled to a part of the price for the services that we have already provided to you during the 14-day withdrawal period.

In order for us to start with the service even before the expiry of this 14-day period, we need from you:

• explicit consent that we can start with the service before the expiry of the period for withdrawal,

• and at the same time confirmation that you were instructed that in such a case you lose the right to withdraw from the contract if we provide the service in its full scope, or you are obliged to pay us a part of the price for already provided services if we do not provide the service in its full scope.

We will ask you for such consent before we conclude the service provision contract together. Without your consent, we do not have to start with the service before the expiry of the 14-day period for withdrawal. We thereby protect not only your rights but also our interests – so that we do not provide the service unnecessarily in a situation where you would subsequently cancel it without a reason.

4. You can withdraw by any clear statement – easily by e-mail, post, or in person at our store. As soon as we receive the withdrawal from you, we will confirm it to you by e-mail. If we have meanwhile completely performed the service on the basis of your consent, the right to withdraw can no longer be exercised.

5. If you handed over jewelry to us within the framework of the service and we have not started with the service yet, you can simply pick it up or we will send it back to you (you pay the costs for the return).

6. We will return the paid price (or its part) to you within 14 days of delivering the withdrawal – in the same manner as you paid it.

7. You can withdraw from the contract also in other cases where the law allows you to.

What other rights do we, BISAKU, have?

If you order services from us as entrepreneurs, we have the right to withdraw from the contract for example when:

• it is not possible to perform the service for reasons outside our control (e.g., unavailable material, technical obstacle),

• the costs for performing the service increase significantly,

• you do not pay the price of the service within 15 days of concluding the contract.

If you order services from us as consumers, we have the right to withdraw from the contract for the reasons listed in the Civil Code (just like you). Mainly in cases where you would substantially breach your obligations.

How do we process your personal data?

1. Information on how we process your personal data can be found in the Information on Personal Data Processing, which you can read in the Privacy Policy section. This information is not binding and is not part of the service provision contract or these terms and conditions. But we will be happy if you read it.

2. How can we communicate with each other and what are the delivery rules?

   • Unless we have explicitly agreed with you on a different method of communication, we will communicate with each other regarding the conclusion, modification, or termination of the service provision contract in these ways: in person, by registered post, courier, or e-mail – namely to the addresses that we have mutually communicated to each other in writing.

In Conclusion

1. If you have any problem with an order, provided service, or complaint, let us know – we will do everything to resolve it as quickly and fairly as possible.

2. Legal relationships arising between us and you from the service provision contract are governed by the law of the Czech Republic, excluding conflicts of law rules of international private law.

3. The contract we conclude together can be modified by both us and you only by mutual agreement in written form (an e-mail is also sufficient). If any provision of the terms and conditions (including annexes) is invalid, ineffective, or becomes so, a provision whose meaning comes closest to the invalid or ineffective provision will take the place of the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

4. We, BISAKU, are not bound by any code of conduct within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.

5. If you are an entrepreneur, you assume the risk of a change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.

6. If you have any problem, we will be glad if you resolve it with us first. Just contact us in any manner. If you are consumers and wish to potentially resolve disputes out of court, you can turn to an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at the address www.coi.cz/informace-o-adr.

7. We use these terms and conditions, including annexes, for all contracts that we conclude with customers from April 7, 2025.
   
   
    

COMPLAINTS PROCEDURE

1. Introduction

What is this complaints procedure?

This complaints procedure is a binding legal document that forms an integral part of the contract for the provision of jewelry servicing and related services, concluded between you and us, and forms an annex to our terms and conditions. You will find in it information on how to apply a complaint in the event that anything is wrong with the provided service, and how we handle such a complaint.

Can we agree on something different from what is found in the complaints procedure?

Yes, we can also agree individually in a separate service provision contract. Our individual agreements take precedence over this complaints procedure.

12. What is a defect?

    • A defect is our nightmare. Even though we try to provide the best services, sometimes we cannot prevent defects. What constitutes a defect in a service is defined for a customer-consumer in article 2.2. of the complaints procedure and for a customer-entrepreneur in article 2.3. of the complaints procedure. Performance of a different service is also considered a defect.

    • If you conclude a contract with us as consumers, we are responsible to you for ensuring that the service is free of defects upon provision and that it is provided in conformity with the contract, i.e., that it:

1. corresponds to what we agreed on – e.g., for an engraving to the agreed design or for a resizing according to your request;

2. is performed professionally and with due care, as is normally expected from this type of service;

3. corresponds to what we stated about the service within the confirmation of your order or in individual agreement;

4. is delivered within the agreed deadline and in the form we arranged.

If you conclude a contract with us as entrepreneurs, we are responsible to you for ensuring that the service is free of defects upon provision and that it is provided in conformity with the contract, i.e., that it:

1. was performed according to your order and in accordance with our confirmed agreement (especially scope, quality, and deadline);

2. corresponds to generally recognized standards and is performed with professional care.

Minor deviations are not considered a defect if they:

1. are caused by limitations resulting from the material or previous damage to the jewelry, about which we warned you in advance and with which you agreed;

2. correspond to the nature of handwork, provided you were informed about such execution.

By when must you claim a defect in the service and what are you entitled to?

First, let's look at how things work with us when you conclude the contract as consumers.

We are responsible to you only and exclusively for a defect in the service that the service had at the moment we provided it to you and you took it over.

• If a defect manifests on the jewelry to which the service related within 2 years of takeover, and this defect already existed upon takeover of the service (i.e., e.g., of the repaired jewelry), you can claim the service. Point out the defect ideally without undue delay after discovering it; at the latest, you can point it out within the limitation period of 3 years from the moment you discover the defect, provided this defect manifested within 2 years of taking over the service. Later, we do not have to comply with your complaint.

• If you point out a defect legitimately, the period of 2 years according to the previous paragraph does not run for the period during which you as consumers cannot use the jewelry.

• If the defect on the jewelry manifests over the course of 1 year from taking over the service, it is presumed that the service was defective already upon takeover, unless the nature of the service or defect excludes it. This period does not run for the period during which you cannot use the jewelry in the event that you pointed out the defect legitimately. This means that when making a complaint about the service over the course of 1 year from taking over the service, you do not have to prove that the service was defective already upon takeover. If the defect on the jewelry manifests after 1 year from takeover, you must on the contrary prove to us that the service was defective upon takeover. Otherwise, we do not have to comply with your complaint.

What are you entitled to when making a complaint as consumers?

• Primarily, you are entitled to a free repair of the service (e.g., repeated performance of the jewelry servicing) or provision of a new service without a defect according to your choice, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the alternative. If your chosen method of removing the defect were impossible or disproportionately costly compared to the second method (especially with regard to the significance of the defect, the value the service would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you), we can remove the defect by the second method. We can refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the service would have without the defect. You will not be entitled to the provision of a new service if the object of the service (jewelry) cannot be returned or handed over to us given its nature.

• If (i) we refuse to remove the defect or do not remove it within a reasonable time after it was pointed out so as not to cause you significant difficulties given the nature of the service and the purpose for which you bought it, or if (ii) it is clear from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you, or (iii) the defect manifests repeatedly, or (iv) the defect is a material breach of contract, you can demand a reasonable discount from the price or you can withdraw from the contract. A reasonable discount is determined as the difference between the value of the service without a defect and the defective service we provided to you. You cannot withdraw from the contract if the defect in the service is only insignificant; it is presumed that the defect is not insignificant. If you withdraw from the contract, we will return the price of the service to you without undue delay after we receive your withdrawal from the contract.

Until we fulfill our obligations from defective performance, you do not have to pay us the hitherto unpaid price of the service or its part.

The costs of the complaint are initially paid by you. If we accept the complaint, we will reimburse you for reasonably incurred costs – e.g., postage.

You can have the service repaired elsewhere only if we agree on it in advance. Otherwise, we do not have to pay the incurred costs. By removing the defect, we would lose the opportunity to check ourselves whether there really was a defect on the jewelry and whether the complaint is therefore legitimate.

Now let's look at how things work with us when you conclude the contract as entrepreneurs:

1. You can claim only defects in the service that the service had at the time of its takeover. After this time, you have rights from defective performance only if we cause the defect by breaching our obligation.

2. Apparent defects (including incomplete items) must be objected to upon takeover of the service. Objecting for these purposes also means stating the defect in the handover protocol. If you take over the service without reservations, you lose the opportunity within judicial proceedings to effectively exercise the right from an apparent defect.

3. Hidden defects must be claimed without undue delay after you discovered them or with due attention should have discovered them, at the latest within 2 years from takeover of the service. Otherwise, again as in the previous paragraph, you lose the opportunity within judicial proceedings to effectively exercise the right for hidden defects.

4. A defect is a material breach of contract if we already knew or must have known at the time of concluding the contract that you would not have concluded the contract if you had foreseen this breach. In other cases, it is presumed that the breach is not material.

5. If the defective performance is a material breach of contract, you have the right to the provision of a new service, repair, a reasonable discount from the price, or withdrawal from the contract. You will not be entitled to the provision of a new service if the object of the service (jewelry) cannot be returned or handed over to us given its nature.

6. If the defective performance is an immaterial breach of contract, you have the right to the removal of the defect or a reasonable discount from the price.

7. If we do not remove the defect in the jewelry on time or refuse to remove the defect, you can demand: (i) a discount from the purchase price or (ii) you can withdraw from the contract. You cannot change the choice made without our consent.

8. You can remove the defect in the service yourself or have it removed by someone else only in the event that we have agreed on it. Otherwise, we do not have to pay the incurred costs. By removing the defect, we would lose the opportunity to check ourselves whether the service really was defective and whether the complaint is therefore justified.

9. By making a complaint, you are not relieved of the obligation to pay the price of the service. The provision of Section 2108 of the Civil Code shall not apply.

10. The costs of the complaint will be borne by you.

11. In the event that we ultimately do not accept your complaint, we may want you to reimburse reasonably incurred costs associated with it. We will inform you about these potential costs in advance.

Finally, let's show what applies to all customers:

1. If you have a problem with how we handled the complaint, we will be glad if you contact us. You can contact us in any way and we will try to resolve everything to your satisfaction. If you are a consumer, you can resolve a potential dispute also out of court – for example at the Czech Trade Inspection Authority (www.coi.cz/informace-o-adr).

2. And of course, you always have the option to turn to a court if you are not satisfied with the handling of the complaint or with our procedure.

What to do when you are not satisfied with the performed service?

1. If you believe that the service was not performed properly (e.g., jewelry modification was not performed according to agreement, engraving is incomplete, or the service does not correspond to the sjednané assignment), let us know – we will need your cooperation. Contact us and describe to us:

2. what the defect in the service is, or respectively how it manifests itself;

3. whether you want to remove the defect, withdraw from the contract, or want a reasonable discount;

4. what your name is and what your address is, or potentially what your business name, ID number (IČO), and registered office are (ideally add a phone and e-mail so we can connect with you faster);

5. proof of payment for the service or other document by which you prove that you ordered the service from us (e.g., order confirmation).

You can contact us by all available means. For example, you can visit us at one of our stores or you can send us an e-mail to the address info@bisaku.cz and subsequently send the goods according to paragraph 4.2. of the complaints procedure. It depends of course on you which method you prefer. You can notify (point out) a defect in any demonstrable way.

Further, we will need you to deliver the defectively repaired or modified jewelry free of all dirt together with the notification of the defect according to paragraph 4.1. of the complaints procedure or without undue delay after this notification. It is not necessary to send the complete goods, but only the defective part, unless we agree individually otherwise or prompt you to do so.

As soon as we receive the complaint from you, our emergency squad will set out to resolve everything as quickly as possible.

By when will we handle the complaint?

1. If you are consumers, we will handle the complaint within a reasonable time after it was pointed out so as not to cause you significant difficulties. The law says that we have a maximum of 30 days for this. After the vain expiry of the period for handling the complaint, you can withdraw from the contract or demand a reasonable discount. If you are not a consumer, we will try to manage everything within the same deadlines, but we do not guarantee a maximum deadline.

2. First, we will confirm to you as a consumer when you applied the complaint, what its content is, what method of handling the complaint you demand, and what contact details for providing information on the handling of the complaint you communicated to us. When everything is done, you will receive from us in black and white the date and method of handling the complaint, including confirmation of the repair performance and its duration. If we cannot accept your complaint, we will not hide the reasons. On the contrary, we will explain everything to you as accurately as possible. For contracts other than consumer contracts, we do not have the obligation to record complaints proceedings in such detail. But when you wish so, we will certainly agree.

3. If we were not managing to handle the complaint on time, we will get in touch with you. Of course, only if we have your phone or e-mail. It will be up to you whether you get us out of a tight spot and agree to an extension of the deadline.

4. If you send us the jewelry by post, it will automatically be sent back to your address after the handling of the complaint, unless we agree otherwise.

5. If you do not take over the jewelry within a reasonable time after we notified you of the option to take over the jewelry after repair, we will be entitled to a payment for storage in the usual amount.

When are we not responsible for defects?

1. Even though we will always try to accommodate you, there are situations when we cannot bear responsibility for a defect in the provided service. In some cases, it is not a real defect at all – or it arose due to other circumstances. Therefore, we do not have to accept a complaint especially if:

2. you caused the defect yourself or someone to whom you entrusted the jewelry – for example by incorrect handling, mechanical damage, unauthorized jewelry resizing, etc.;

3. it involves normal wear and tear caused by standard use of the jewelry – for example loss of luster, scratches, or minor deformations that do not prevent standard wearing and arose through normal use;

4. the defect arose as a result of properties of the jewelry about which you were warned in advance – e.g., complications with thin rings or with jewelry featuring stone settings around the entire circumference, where resizing is technically impossible;

5. the defect is related to the material or condition of the jewelry that you handed over to us for modification, and this condition affected the quality of the service (for example cracks, significant wear and tear, deformation, or previous unprofessional interventions on the jewelry).