Terms and Conditions / Shipping / Complaints
- Seller’s contact details
Hany Koi, s.r.o.
Františka Křížka 460/13, Holešovice (Praha 7), 170 00 Praha
DIČ: CZ28530063
- Informations
The informations about the goods and the price given by the Seller is binding, except in the case of an obvious error on the part of the Seller which would mean that the goods are sold at an unreasonably low or unreasonably high price. The prices are inclusive of all charges and delivery costs in the Czech Republic. The customer is informed of the cost of shipping abroad before the shipment is sent.
Information about the goods sold within the e-shop, their designation and description, their characteristics can be found within the e-shop website under the individual components of the goods sold.
Information on the prices of the goods sold within the e-shop is provided for the individual goods. The price is not set by any calculation and is determined at the seller’s free commercial discretion. Prices are inclusive of VAT. No other taxes are added to the price of the goods. At the same time, no other charges are added to the prices except those expressly set out within these General Terms and Conditions.
Payment for the goods shall be made on delivery, either in cash or by credit card. In exceptional cases, payment by bank transfer can be arranged. The account number and variable symbol will be specified by email.
The seller does not require any fees depending on the method of payment.
Acceptance of an offer with an amendment or deviation is not acceptance of the offer.
Confirmation of the content of the contract concluded in a form other than in writing, which shows deviations from the actually agreed content of the contract, has no legal effect.
Acceptance of unsolicited performance by the buyer does not constitute acceptance of the offer.
- Delivery of goods. Delivery time for customized orders 3 weeks. If the goods are in stock within 5 working days.
The goods sold in our e-shop are handmade. Some jewelry is assembled from multiple components, purchased abroad. Each piece of jewellery is an original, which starts to be produced only after the buyer has specified the order. For these reasons, it is not possible to guarantee a uniform delivery time in advance.
After receiving the order and specifying all details for production, the buyer is informed of the delivery date. If there is a change from the agreement, the buyer is informed of the new delivery date.
The seller will deliver the goods to the buyer complete, at the latest by the date specified in the order confirmation. The buyer is obliged to take delivery of the goods and pay for them. The Buyer is advised to check the goods as soon as possible upon receipt.
The Seller shall send the documents for the goods, i.e. the receipt for payment (tax document) and any certificates, to the Buyer with the goods.
If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long the Buyer’s obligations arising from the defective performance continue and how the Buyer may exercise his rights thereunder.
PPL is used for delivery – ČR 170 CZK The price for transport in the Czech Republic is paid by the seller.
The above-mentioned data are considered to be data on the individual technical steps to conclude the contract.
PPL TRANSPORT PRICE:
ČR 170 CZK
Slovakia 330 CZK
Transport via Mail Order /Zasilkovna/ on request.
The price of shipping abroad individually according to the country of delivery. E-shop shipping worldwide.
- Order cancellation and withdrawal from the contract
The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.
The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.
The buyer shall send or deliver the withdrawal to the seller within 14 days. The buyer does not have to state the reason for which he withdraws from the contract. For ease of communication, it is advisable to include the date of purchase or contract/sales receipt number, bank account and the chosen method of return in the withdrawal.
The seller is obliged to reimburse the buyer the full amount corresponding to the price of the goods and the costs paid for their delivery within 14 days of the withdrawal, in the same way in which the payment was received from the buyer. The Buyer shall send or hand over the purchased goods to the Seller within the same period at the latest. The goods should be returned to the seller complete, preferably in their original packaging, and must not show signs of wear and tear or damage. The cost of returning the goods is borne by the buyer.
If the returned goods are damaged due to a breach of the Buyer’s obligations, the Seller is entitled to claim against the Buyer for compensation for the reduction in the value of the goods and to set it off against the amount returned.
To withdraw from the contract, it is possible to use the form whose contents can be viewed by clicking here.
- Rights and obligations arising from defective performance
If the received goods have defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
The buyer may, within two years of receipt of the goods, claim from the seller free of charge or a reasonable discount on the price if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects if the defect relates only to that part.
If repair or replacement of the goods is not possible, the buyer may claim a full refund of the purchase price upon withdrawal from the contract.
Within six months of receipt of the goods, it is presumed that the defect already existed when the goods were received.
The seller is not obliged to satisfy the buyer’s claim if he proves that the buyer knew about the defect in the goods before taking delivery or caused it himself.
Legal rights from defects
The Seller is liable for defects arising after receipt of the goods within the 24-month warranty period.
Within this period, the buyer may file a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or non-removable):
- remedy the defect by supplying a new item without the defect or by supplying the missing item;
- remedying the defect by repair free of charge;
- a reasonable discount on the purchase price; or
- a refund of the purchase price on the basis of withdrawal from the contract.
A material breach is a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
If the removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, replacement of the goods or withdrawal from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
- Complaint handling
The Buyer is obliged to file a claim with the Seller or the person designated for repair without undue delay from the discovery of the defect. Complaints shall be sent electronically to lovestory@hanykoi.com. The Customer should provide his/her contact details, a description of the defect and a request for how the complaint should be handled.
Complaints can also be made in writing (in paper form) by sending a letter to the Seller’s registered office. In such a case, the consumer may send the complaint to the seller in the form of a registered copy, where he/she provides his/her identification data, the date of the order, a description of the goods and a description of the defects of the goods he/she is complaining about.
The Buyer is obliged to inform the Seller which right he has chosen when notifying the defect or without undue delay after notification of the defect. A change of choice without the seller’s consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable.
If the buyer fails to exercise his right under a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for the settlement of the claim shall run from the handover/delivery of the goods to the seller. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
The seller is obliged to decide on the complaint without delay, within three working days at the latest, or if a professional assessment is required to make a decision. The information on the need for a professional assessment shall be communicated to the buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remedy the defect, the buyer may demand a reasonable reduction in the price or withdraw from the contract.
The warranty period shall be extended by the time from the time the claim is made until the claim is settled or until the buyer is obliged to collect the item. If the goods or a part thereof are replaced, the seller’s liability shall apply as if the goods or a part thereof had been purchased new.
If it is not possible to monitor the status of the complaint online, the Seller undertakes to inform the Buyer of the settlement of the complaint by e-mail or SMS as requested by the Buyer.
In the case of a legitimate claim, the buyer is entitled to compensation for the costs reasonably incurred.
You can find the claim form here.
- Personal data protection
The buyer agrees that the personal data provided will be processed and stored by the seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract. The Buyer has the right to be informed of what data the Seller records about him and is entitled to change such data or to object to its processing in writing. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection.
The Buyer may notify the Seller that he wishes to stop receiving commercial communications to the electronic address obtained in connection with the performance of the contract, without incurring any costs.
- Dispute Resolution
Disputes between the seller and the buyer are resolved by the general courts.
Under Act No. 634/1992 Coll., on Consumer Protection, as amended, a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer’s request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the seller.
Supervision of compliance with the obligations under Act No 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
- Other
For the purposes of these terms and conditions, the buyer is a consumer, which is a person who, unlike the seller, does not act within the scope of his business activity or within the scope of his independent exercise of his profession when concluding and performing the contract.
For the purposes of these Terms and Conditions, the Seller means a businessman who, unlike the Buyer, is acting in the course of his business or in the course of his profession when concluding and performing the Contract.
The Seller has no information to disclose about the functionality of the Digital Content, including technical protection measures. The Seller shall take normal technical precautions.
Seller has no information to disclose regarding the interoperability of the Digital Content with hardware and software.
The Seller does not charge the Buyer for any additional means of remote communication, said costs being fully included in the price.
The Seller shall keep details of consumer orders that have been duly confirmed by the Seller and shall allow the consumer to inspect such details. Given that written
The contractual relationship may be concluded in the Czech language.
The Seller states that the Consumer may correct any inaccuracies in his/her order by sending an e-mail to shop@hanykoi.com at the time the Seller confirms the order to the Consumer.
The Seller is not bound by any codes of conduct.
Other matters not mentioned herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
The contract and related matters are governed by Czech law.
Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.
These terms and conditions are effective from January 1, 2021 1. 2021.
