Seller (Vendor):

Jaroslav Sokol, registered office: Jíčínská 49, 130 00 Prague 3, Czech Republic

Company ID: 17098831

E-mail: [email protected]

Phone: +420 725 420 400

(Operator of the Moldara Jewelry online store at www.www.moldarajewelry.com)

These General Terms and Conditions govern, in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, the mutual rights and obligations of the seller and the buyer arising from a purchase contract concluded via the seller’s online store.

These terms also contain information required for consumers in accordance with the Civil Code and the Consumer Protection Act.

1. Definitions

The buyer is either a consumer or a business customer:

• A consumer is any individual who concludes a contract with the seller outside the scope of their business activity or profession.
• A business customer is anyone who acts within the scope of their business activity or profession. If the buyer provides a business ID (IČ) when placing the order, they are considered a business customer.

The seller is the operator of the Moldara Jewelry e-shop, i.e., Jaroslav Sokol, Company ID 17098831.

Goods refer to jewelry and other products offered in the online store on the seller’s website.

2. Order and Conclusion of the Purchase Contract

All product displays on the online store are for information purposes only. The seller is not obliged to conclude a contract based on this offer, especially in case of stock unavailability or obvious pricing errors.

The buyer orders the goods via the order form on the website. Before submitting the order, the buyer can check and change the entered data. The order is submitted by clicking a button such as “Order with obligation to pay.” By submitting the order, the buyer confirms they have read and agree with these terms and conditions.

The seller will confirm the receipt of the order to the buyer via e-mail without undue delay. The purchase contract is concluded upon confirmation of the order. If the buyer does not receive confirmation, the contract is not concluded and the buyer should contact the seller.

The seller may reject an order, for example, due to unavailability of goods or obvious pricing error. The buyer will be informed accordingly.

3. Price and payment

All prices are final – the seller is not a VAT payer. Prices do not include shipping, which depends on the delivery method selected in the order process.

Payment is possible in CZK. The seller may also allow payment in EUR (if available in checkout).

Payment methods:

• Bank transfer: Payment is processed via the Comgate payment gateway. The customer will receive payment instructions (including account number and variable symbol) after completing the order. Always use the order number as the payment reference. Goods are dispatched only after payment is credited.
• Card payment (VISA, MasterCard): Via a secure payment gateway. The buyer enters card details on the gateway’s secure interface. The seller does not access the card details.
• Google Pay / Apple Pay: Available for supported devices. These payments are processed via the payment gateway. May not always be available.
• Cash on delivery is currently not offered.

The due date for payment is 7 days from order confirmation (unless paid immediately). If payment is not made within 7 days, the seller may cancel the order.

Payment service provider:

Online payments are provided for us by the Comgate payment gateway. The service provider, Comgate, a.s., is a licensed Payment Institution supervised by the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. For more information and contacts, visit comgate.cz/en.

Contact for payment-related inquiries:

Comgate, a.s.

Gočárova třída 1754/48b, Hradec Králové

E-mail: [email protected]

Tel: +420 228 224 267

4. Shipping and delivery

Shipping Methods: The seller provides delivery of goods within the Czech Republic, to EU member states, and possibly to other international destinations. Delivery is carried out through contracted shipping providers, such as postal services or courier companies. Specific delivery options (e.g., Česká pošta, PPL courier, Zásilkovna, etc.) and their current prices are presented to the buyer during the checkout process. The buyer selects their preferred delivery method from the available options.

Shipping Costs: The cost of delivery (postage, shipping fee) is borne by the buyer. The amount depends on the selected delivery method and the destination. The current shipping rates are displayed during the shipping selection step in the order form before the order is finalized. The delivery cost will be added to the price of the goods in the order summary.

Delivery Time: The seller usually ships (dispatches) the goods within 2 business days after receiving payment, provided the goods are in stock. Delivery time depends on the destination and the specific shipping service used:

• Within the Czech Republic: usually 1–3 business days from dispatch.
• To EU countries: usually 3–10 business days from dispatch.
• Outside the EU: delivery times may vary (typically 1–3 weeks) and the shipment may be subject to customs clearance.

The seller is not responsible for delivery delays caused by the carrier or incorrect address information provided by the buyer.

Receipt of Goods: The buyer is advised to check the integrity of the packaging and the shipment upon receipt from the carrier. If the packaging is visibly damaged or there is obvious damage to the goods, the buyer may refuse to accept the shipment or request that a damage report be filled out with the carrier. Please also inform the seller as soon as possible (by phone or e-mail) so that the issue can be addressed (e.g., claim with the carrier, reshipment of the goods, etc.).

Risk of Damage to Goods: In the case of a consumer, the risk of damage (risk of loss or damage to the goods) passes to the buyer only upon receipt of the goods from the carrier. If the buyer is a business customer (purchasing with a business ID), the risk passes to the buyer at the moment the goods are handed over to the carrier for delivery. In practice, this means that for consumers, the seller bears responsibility for any loss or damage during shipping; for business customers, the risk lies with the buyer. We recommend that business customers also check the goods carefully upon receipt and report any damage to the carrier immediately.

Delivery Outside the EU: For shipments outside the European Union, the recipient (buyer) may be required to pay customs duties or import taxes according to the regulations of the destination country. These possible charges are not included in the product price or shipping fee and are the responsibility of the buyer. The seller will accurately declare the contents and value of the goods on the customs declaration; further customs procedures are the responsibility of the buyer.

5. Withdrawal from the Contract (Returns)

The following provisions on withdrawal from the contract apply only to buyers who are consumers (i.e. non-business individuals purchasing for personal use). Business customers are not entitled to withdraw from the contract without providing a reason.

Right to withdraw within 14 days: A consumer has the right to withdraw from the purchase contract without giving any reason within 14 days from the day following the date on which they or a third party designated by them (other than the carrier) took delivery of the goods. In the case of multiple items delivered separately from a single order, the withdrawal period begins from the date of receipt of the last item.

If the consumer wishes to exercise this right, they must send the seller an unambiguous statement of withdrawal before the 14-day period expires. The buyer may use a standard withdrawal form (if available) or write their own statement (for example by e-mail or post), which must include a declaration of withdrawal, identification of the purchase contract (order number, date of purchase), and a bank account number for the refund.

The withdrawal notice may be sent, for example, to:

By e-mail: [email protected]
By post: Jaroslav Sokol, Jíčínská 49, 130 00 Prague 3, Czech Republic

The seller will confirm receipt of the withdrawal notice to the consumer without undue delay (usually by replying to the e-mail).

Returning goods:
 If the consumer withdraws from the contract, they must return the goods to the seller within 14 days of withdrawal at the above address (or deliver them in person, if agreed). The deadline is met if the goods are sent before the end of the 14-day period. The cost of returning the goods (postage for sending back) is borne by the consumer, unless agreed otherwise. The goods should be returned complete, undamaged, and preferably in the original packaging. The consumer is liable only for any reduction in the value of the goods resulting from handling the goods in a way other than what is necessary to assess their nature, characteristics, and functionality (i.e. as one would examine them in a physical store). In other words, if the goods were used more than necessary for simple testing, the seller may deduct the corresponding reduction in value from the refund. We therefore recommend not damaging or soiling the goods during testing and returning them, if possible, in their original condition.

Refunds: The seller will refund all payments received from the consumer (i.e. the price of the goods and, where applicable, the delivery cost to the buyer). If the consumer chose a delivery method other than the least expensive option offered by the seller, the refund will cover only the cost corresponding to the cheapest delivery method. The refund will be issued without undue delay, and no later than 14 days from receipt of the withdrawal notice. However, the seller may withhold the refund until the goods are received back or the consumer provides proof of having sent them — whichever occurs first. The refund will be issued using the same payment method the consumer used in the original transaction, unless agreed otherwise. No fees or additional costs will be charged to the consumer for the refund.

Exceptions – no right of withdrawal applies to contracts for:

• Goods made to the consumer’s specifications or clearly personalized (e.g. custom-made jewelry, engraving, personal messages);
• Goods that are perishable or have a short shelf life;
• Sealed goods that are not suitable for return due to health protection or hygiene reasons, if the seal has been broken (e.g. certain types of body jewelry or earrings — note: most products in our assortment are generally returnable unless otherwise specified);
• Audio/video recordings or computer software if the original seal has been broken.

The seller reminds consumers that they bear the cost of returning the goods and are liable for any reduction in value of the returned items (as described above). For further information about the return process, the buyer may contact the seller.

6. Rights Arising from Defective Performance (Product Claims)

This section outlines the procedure for asserting rights in case of defective goods (claims). The provisions differ depending on whether the buyer is a consumer or a business customer:

(a) Buyer – Consumer: The seller is responsible to the consumer for ensuring that the goods are free from defects upon receipt and possess the agreed qualities or those reasonably expected by the buyer. If a defect appears within 24 months of delivery, the consumer is entitled to claim the defect. If the consumer fails to notify the defect without undue delay after discovering it (or after they could have discovered it), it may affect how the defect is assessed — especially if further use causes additional damage. By filing a claim (reporting a defect), the 24-month period is paused for the duration of the claim process.

Warranty and statutory liability: We provide a statutory liability for defects lasting 24 months from the date of receipt. This does not apply to defects caused by normal wear and tear or improper use of the product. For used or vintage items, the period may be shortened to 12 months — if this applies, it will be clearly stated in the product description. The seller does not offer any contractual warranty beyond statutory obligations unless explicitly stated for a particular product.

Claim procedure: The consumer shall notify the seller of the defect without undue delay after it appears. This can be done in writing — by email to [email protected], or by post to the seller’s address. The claim should include a description of the defect and the consumer’s preferred method of resolution (e.g., repair, replacement, price reduction, or withdrawal — see below). A sample claim form may be used, if available. The claimed goods must be delivered (sent) to the seller for assessment, in clean condition, preferably in the original packaging, and accompanied by proof of purchase (invoice) or its copy.

If the claim is accepted as justified, the shipping costs to the seller will be refunded to the consumer. If the claim is rejected, the buyer may be required to cover the necessary costs (e.g., if the claim was found to be unjustified).

Claim resolution: The seller or an authorized service will assess the defect and decide on the claim within 30 days of its submission (unless a longer period is agreed with the consumer). The consumer will be informed of the outcome by email or phone. If the claim is accepted, the consumer is entitled to reimbursement of the reasonable costs incurred in connection with the claim (especially postage) — we recommend keeping the postal receipt.

Defect remedies: If the defect is repairable, the consumer has the right to free repair, or, if not disproportionate, replacement with a new item. If this is not possible, the consumer may request a reasonable price reduction, or withdraw from the contract (and receive a refund) — especially if the defect is substantial (i.e., a fundamental breach of contract) or if the defect is not remedied within a reasonable time or occurs repeatedly. In the case of repeated or multiple defects that prevent normal use, the consumer may also withdraw from the contract. If the goods are replaced, a new 24-month warranty period begins from the date of receipt of the replacement item.

Conformity with the purchase contract: Under current legislation, the goods must meet both subjective requirements (conformity with description, quality, function, and agreed features) and objective requirements (suitability for the usual purpose, typical properties, and compliance with relevant legislation, such as safety standards). If a defect appears within 12 months of delivery, it is presumed to have existed at the time of receipt — unless proven otherwise or inconsistent with the nature of the item. After 12 months, the consumer must demonstrate that the defect existed at the time of receipt.

(b) Buyer – Business Customer: A buyer acting as a business (purchasing with a company ID) is required to inspect the goods as soon as possible after receipt and report any defects to the seller without undue delay. If the buyer fails to report obvious defects within 3 days of delivery, they lose the right to claim such defects. Hidden defects must be reported without undue delay after discovery, but no later than 6 months after delivery. Later claims will not be accepted.

The rights and obligations regarding defective performance for business customers are governed by the relevant provisions of the Civil Code (particularly Sections 2099 et seq., Purchase Agreement). A business customer is not entitled to the 24-month warranty applicable to consumers. The seller’s liability is limited to defects existing at the time of delivery and any contractual warranty, if such was provided (which is not standard unless explicitly agreed).

7. Personal Data Protection

The seller, as the data controller, processes the personal data of the buyer in accordance with applicable legal regulations, in particular Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data.

The personal data provided by the buyer (such as name, surname, address, phone number, e-mail) are processed for the purpose of fulfilling the order, delivering the goods, and related communication with the buyer. Without the provision of these details, the purchase contract cannot be concluded or fulfilled.

For the purpose of sending commercial communications (newsletter) via e-mail, the buyer’s e-mail address is processed based on the buyer’s consent (newsletter subscription). The buyer may unsubscribe at any time – for example, by clicking the unsubscribe link in each newsletter or by contacting the seller directly.

All personal data is securely stored and is not shared with third parties, except for partners providing payment and shipping services, who receive the data only to the extent necessary (e.g., a carrier receives the delivery address and phone number; the payment gateway processes payment details).

Detailed information on the processing of personal data, including the data subject’s rights (right of access, correction, erasure, restriction of processing, data portability, objection, or complaint to the supervisory authority), is provided in a separate document – the Privacy Policy, available on the seller’s website.

(Summary: The seller does not disclose or sell customer data to third parties for marketing purposes. Data is used solely for customer communication and order processing. For full privacy rules, see the link above.)

8. Out-of-Court Dispute Resolution

If the buyer is a consumer and a consumer dispute arises between the buyer and the seller from a purchase contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement to the competent body for out-of-court resolution of consumer disputes.

The relevant authority is the Czech Trade Inspection Authority (Česká obchodní inspekce – ČOI), Central Inspectorate – ADR Department, with its registered office at Štěpánská 15, 120 00 Prague 2, Czech Republic. Website: https://coi.gov.cz/en/.
The consumer may submit the proposal using the form available on the ČOI website.

The consumer may also use the Online Dispute Resolution (ODR) platform established by the European Commission at: https://ec.europa.eu/consumers/odr/. This platform is intended for out-of-court settlement of disputes arising from online contracts concluded at a distance.

Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, is also exercised — within the legally defined scope — by the Czech Trade Inspection Authority.

9. Copyright

All content on the website www.www.moldarajewelry.com (including texts, photographs, graphic elements, and the brand) is protected under copyright law.

Any copying, distribution, or other use of the content without the written consent of the owner (Jaroslav Sokol) is strictly prohibited.

Moldara® is a registered trademark. Any unauthorized use of the name or logo is prohibited and may be subject to legal action.

10. Final Provisions

Governing law: The legal relationship between the seller and the buyer is governed by the laws of the Czech Republic.

However, this does not affect the consumer rights granted by mandatory laws of the buyer’s country of residence.

If the buyer is a consumer, all matters not expressly covered by these Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). If the buyer is not a consumer, any matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of the Civil Code, especially those concerning purchase contracts.

Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. In such cases, the invalid provision shall be replaced by a valid one that most closely reflects the original intent and complies with applicable law.

Changes to the Terms: The seller reserves the right to unilaterally modify or supplement the wording of these Terms and Conditions at any time. The current version is always available on the seller’s website. However, for any specific purchase contract, the version valid on the date of the order (as submitted by the buyer) shall apply. Any changes to the Terms and Conditions will be clearly communicated on the website.

Acceptance of the Terms: By submitting an order, the buyer confirms that they have read and agree to these Terms and Conditions.

Contact and questions: If the buyer has any questions regarding these Terms and Conditions or if anything is unclear, they may contact the seller by e-mail at [email protected] or by phone at +420 725 420 400. The seller is committed to resolving any issues individually and to the customer’s satisfaction.

Additional Important Information

Costs of remote communication

Any costs incurred by the buyer when using means of distance communication (such as telephone or internet) are borne by the buyer themselves, in accordance with the rates charged by their service provider. These costs do not differ from the standard basic rates.

Model withdrawal form available for download here. 

Contract archiving
The seller archives concluded purchase contracts (orders) in electronic form. Access to archived orders is available upon the buyer’s request via the seller’s contact e-mail.

Correction of data
Before submitting the order, the buyer has the opportunity to review and correct the information entered in the order form.

Statutory rights
Nothing in these Terms and Conditions limits or excludes the consumer’s statutory rights under applicable laws.

Contractual limitation of claims for business customers
For buyers acting as businesses, the contractual limitation of liability for defects specified in these Terms and Conditions shall apply. Hidden defects must be reported within 6 months of receiving the goods.