1. SUBJECT MATTER

1. These General Terms and Conditions govern the rights and obligations of the buyer and the seller, which is
   František Holub – Goldeneye Diamond s.r.o., with its registered office at
   Jókaiho 130/25, 984 01 Lučenec, Slovakia, Company ID: 51773830, Tax ID: 2120781421,
   in connection with the conclusion of purchase contracts via the Internet through the e-shop located at
   www.holubgems.com.
2. The buyer may be either a consumer or a business entity (hereinafter collectively referred to as the “Buyer”).
   A consumer is any natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity, employment, or profession.
   A business entity is any person acting in the course of their business, trade, or professional activity for profit.

2. CONCLUSION OF PURCHASE CONTRACTS

1. A purchase contract under which the seller delivers ordered goods to the buyer is concluded on the basis of
   a proposal to conclude a purchase contract and the seller’s written acceptance of such proposal.
2. The proposal to conclude a contract is the buyer’s order addressed to the seller. The order may be made only
   by completing the order form on the website
   www.holubgems.com
   and submitting it through the e-shop.
3. By placing an order, the buyer confirms acceptance of these General Terms and Conditions and also:
   • declares that they have been informed about the right to withdraw from the purchase contract in accordance with Article 10 of these Terms and Conditions, and
   • declares that all information provided by them is true and accurate.
4. The order shall expire:
   • if rejected by the seller, or
   • upon the lapse of a 10-day period for confirmation of the order.
5. Acceptance of the proposal to conclude the contract is the seller’s timely written confirmation of the order addressed to the buyer, in which the seller confirms acceptance of the buyer’s order.
   The confirmation becomes effective at the moment it is delivered to the buyer’s e-mail address.
   Silence or inactivity of the seller does not constitute order confirmation.
6. The buyer is not entitled to the conclusion of a purchase contract as of right.
   The seller is entitled to reject an order even without stating a reason.
7. The purchase contract is concluded at the moment the order confirmation becomes effective, i.e. upon delivery of the confirmation to the buyer’s e-mail address.
   The subject of the concluded contract is the seller’s obligation to deliver the ordered goods to the specified place of delivery and the buyer’s obligation to accept the goods and pay the purchase price and any delivery costs, unless delivery is already included in the price.
8. Any change to the order after the conclusion of the purchase contract is considered a proposal to amend the contract and is only possible upon mutual agreement between the buyer and the seller.
   The seller is not obliged to accept such proposal.

3. PURCHASE PRICE OF GOODS

1. The purchase price of the ordered goods is stated in the order as well as in the order confirmation.
   The purchase price always includes VAT and is stated in EUR.
2. In the case of custom-made production, the price is determined by agreement of the contracting parties based on a submitted price quotation.
3. The seller reserves the right to additionally charge for product modifications or changes requested by the buyer, subject to mutual agreement.
4. The purchase price includes shipping, packaging, and insurance for shipments worldwide.
5. In the case of cash on delivery, shipping and packaging will be charged according to the current price list of the carriers.
6. After conclusion of the purchase contract, the buyer undertakes to pay the total price using one of the following methods:
   1. payment by payment card before delivery of goods,
   2. cash on delivery – payment in cash upon receipt of the goods from Slovak Post or another courier (available only for selected goods),
   3. cashless bank transfer to the seller’s account,
   4. payment upon personal collection at the store,
   5. payment via PayPal.
7. The buyer’s obligation to pay the total price is fulfilled when the total price is credited to the seller’s account or paid to the courier, Slovak Post, or the authorized employee at the store.
8. For payments by bank transfer, the seller’s payment details are provided in the message delivered to the buyer’s e-mail address.
   The buyer is obliged to state the correct variable symbol. The buyer acknowledges that if the variable symbol is incorrect, the electronic system may not assign the payment to the relevant order.

4. DELIVERY TIME

Goods are delivered by courier service or Slovak Post according to the customer’s preference.
The delivery time depends on the selected delivery method. If the ordered goods are in stock and paid for,
or ordered cash on delivery, they are usually delivered within a maximum of 5 working days.
Outside Slovakia, delivery usually takes 3 to 5 working days depending on standard carrier transit times.
Goods that are engraved, custom-made, or otherwise modified at the customer’s request may be delivered within different timeframes.

1. Ordered goods will be dispatched within three working days from the crediting of the total price to the seller’s account
   (for goods in stock and where no additional work is required), but no later than within 30 days.
2. If a payment method other than cash on delivery or personal collection is selected, the delivery period starts when the total price is credited to the seller’s account, provided the correct variable symbol was used.
3. Each item on
   www.holubgems.com
   contains indicative information on availability.
   If the seller determines that the ordered goods are unavailable despite the original availability information,
   the buyer will be informed and offered the option to split, modify, or cancel the order.
   If the purchase price has already been paid, the seller will refund the amount paid for unavailable goods.

5. PLACE OF DELIVERY

1. The place of delivery is the address specified by the buyer in the order form.

6. METHOD OF DELIVERY

1. The buyer may choose the delivery method during the ordering process.
2. Available delivery methods include:
   • Slovak Post – courier delivery to the buyer’s address,
   • Slovak Post – parcel to post office,
   • delivery by courier service,
   • personal collection at the seller’s store: Jókaiho 130/25, 984 01 Lučenec, Slovakia.

7. DELIVERY OF GOODS

1. The seller’s obligation to deliver the goods is fulfilled by handing over the ordered goods to the buyer or an authorized person at the place of delivery.
   The tax document is issued and delivered to the buyer together with the goods.

8. LIABILITY FOR DEFECTS

1. The buyer is obliged to inspect the goods immediately upon receipt.
   If mechanical damage to the packaging is found, the buyer must inspect the condition of the goods and, if damage is found, make a damage record in the presence of the carrier.
   Liability for damage during transport is borne by the carrier, as all goods are insured.
2. Complaints regarding mechanical damage not apparent upon receipt must be submitted immediately after detection, i.e. immediately after first use.
   Later complaints of this kind may only be accepted if the buyer proves that the defect already existed at the time of receipt.
3. The warranty does not cover normal wear and tear or mechanical damage caused by use.
4. The seller is not liable for defects caused by:
   • mechanical damage to the goods,
   • damage caused by normal wear and use,
   • failure to follow proper care instructions,
   • returning incomplete claimed goods.
5. Details of the rights of a consumer buyer arising from liability for defects and the complaint procedure are governed by the Complaints Policy, which forms an integral part of these Terms and Conditions.
6. Liability for defects, including warranty for quality, in legal relations between the seller and a buyer who is not a consumer, shall be governed by the relevant provisions of the Slovak Commercial Code.

9. CANCELLATION OF ORDER AND WITHDRAWAL FROM CONTRACT

1. Until the goods have been dispatched, the buyer may cancel the order.
   No penalty or fee will be charged for such cancellation.
   If the purchase price has already been paid, the seller shall refund it within 14 working days by bank transfer, unless agreed otherwise.
2. In the case of goods made or modified to the buyer’s specifications, the order cannot be cancelled once work has begun.
3. In accordance with Act No. 102/2014 Coll. on Consumer Protection in Distance Selling, a consumer buyer is entitled to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods.
4. However, the buyer may not withdraw from a contract concerning in particular:
   • goods made to the consumer’s specific requirements,
   • goods made to measure or personalized goods (e.g. engraving, size adjustment, stone replacement),
   • goods which, by their nature, may be inseparably mixed with other goods after delivery.
5. In a cancellation of order or withdrawal from the contract, the buyer should state their full name, e-mail, order number, description of the goods, and bank account number for refund purposes.
   For legal certainty and proof, we recommend sending the notice by post to:
   
   
   GoldeneyeDiamond
   Jókaiho 130/25
   984 01 Lučenec, Slovakia
   
   
   or by e-mail to:
   goldeneye.fh@gmail.com
6. If withdrawal is made by e-mail or via a form, the seller is obliged to send the buyer confirmation of receipt by e-mail.
7. The withdrawal period is considered observed if the notice is sent no later than on the last day of the withdrawal period.
   Withdrawal from the contract cancels the contract from the outset.
8. After withdrawal from the contract, the seller is obliged to:
   1. accept the returned goods, which the buyer must send to the address above.
      We recommend sending the parcel by registered mail.
      Do not send goods cash on delivery, as such parcels will not be accepted.
   2. refund all payments received from the buyer under or in connection with the contract without undue delay, no later than within 14 days from receipt of the notice of withdrawal.
9. The seller is not obliged to reimburse additional delivery costs if the buyer expressly chose a delivery method other than the cheapest standard delivery method offered.
10. The seller reserves the right to withhold reimbursement until the goods have been returned by the buyer.
11. The buyer must send back or hand over the goods no later than 14 days from the date of withdrawal.
    The cost of returning the goods is borne by the buyer.
12. The seller is entitled to withdraw from the purchase contract particularly if:
    • the buyer fails to pay the total price within 30 days from order confirmation,
    • the buyer fails to accept the goods from the courier, post office, or store,
    • despite all reasonable efforts, the seller is unable to deliver the goods because they are sold out, no longer manufactured, or no longer supplied,
    • the purchase price of the goods or materials has changed significantly.
13. The seller’s withdrawal becomes effective on the date it is delivered to the buyer, and delivery by e-mail is sufficient.
    The purchase price already paid will be refunded within 14 days unless agreed otherwise.

COMPLAINTS POLICY

Article I – Introductory Provision

František Holub – Goldeneye Diamond s.r.o., with registered office at Jókaiho 130/25, 984 01 Lučenec, Slovakia,
Company ID: 51773830, Tax ID: 2120781421 (hereinafter the “Seller”),
issues this Complaints Policy in accordance with the relevant provisions of the Slovak Civil Code,
the Consumer Protection Act, and the Act on Consumer Protection in Distance Selling.
This Complaints Policy ensures a uniform and prompt procedure for handling complaints and defects in goods purchased by consumers via the e-shop
www.holubgems.com.

Article II – General Provisions

1. The seller is liable for defects that the sold goods have upon receipt by the buyer.
2. In the case of used goods, the seller is not liable for defects caused by use or wear.
3. If the goods are sold at a lower price, the seller is not liable for the defect for which the lower price was agreed.
4. If the goods are not perishable or used, the seller is liable for defects occurring during the warranty period.
5. The general warranty period for goods is 24 months unless a longer period is stated for a specific product.
6. If no warranty certificate is issued, proof of purchase is sufficient to exercise rights arising from liability for defects.
7. The warranty period begins on the date the buyer receives the goods.

Article III – Filing a Complaint

1. A complaint means the exercise of liability for defects in goods or services.
2. Goods purchased via the e-shop may be claimed at the following address:
   
   
   František Holub – Goldeneye Diamond s.r.o.
   Jókaiho 130/25
   984 01 Lučenec, Slovakia
3. Together with the claimed goods, the buyer must send or hand over proof of purchase or warranty certificate,
   describe the reason for the complaint, and provide contact details and bank account details where relevant.
4. For complaints sent by post or courier, we recommend sending the parcel by registered mail clearly marked
   “COMPLAINT”. Cash on delivery parcels are not accepted.
5. Rights arising from liability for defects shall expire if not exercised within the warranty period.
6. Only defective goods may be claimed; the buyer is not entitled to return or exchange goods that are free of defects.

Article IV – Buyer’s Rights Arising from Liability for Defects

1. If the defect can be remedied, the buyer has the right to have it remedied free of charge, properly, and in due time.
2. The seller may always replace defective goods with defect-free goods instead of removing the defect, provided it does not cause serious inconvenience to the buyer.
3. If the defect concerns only a part of the item, that part may be replaced.
4. If a removable defect recurs repeatedly after repair or if there is a greater number of defects,
   the buyer has the right to request replacement of the goods or withdraw from the contract.
5. If the defect cannot be remedied and prevents proper use of the goods, the buyer has the right to replacement or withdrawal from the contract.
6. If the defect cannot be remedied but does not prevent proper use of the goods, the buyer is entitled to an appropriate discount.
7. If defective or used goods were sold at a discount for that reason, the buyer cannot claim the defect for which the reduced price was agreed.

The seller is not liable for defects caused by:

• mechanical damage to the goods,
• normal wear and tear,
• stones or pearls falling out due to impact, pressure, fall, or improper handling,
• deformation or breakage of hollow jewellery,
• failure to comply with proper care instructions.

The right to free warranty repair expires in particular if:

• the goods are not submitted complete including accessories,
• obvious defects were not reported immediately upon receipt,
• the warranty period has expired,
• the goods were handled improperly or negligently,
• the goods were mechanically damaged by the buyer.

Article V – Complaint Handling Procedure

1. Handling a complaint means completing the complaint procedure by repair, replacement, refund,
   granting a discount, calling for collection of performance, or justified rejection.
2. Upon receipt of the complaint, the seller is obliged to issue the buyer a confirmation of receipt.
3. The seller is obliged to determine the method of handling the complaint immediately,
   in complex cases no later than within 3 working days, and in justified cases no later than within 30 days.
4. After determining the method of handling the complaint, the complaint shall be dealt with immediately,
   but no later than within 30 days from the date of filing the complaint.
5. Upon completion of the complaint procedure, the seller shall issue the buyer written confirmation within 30 days.
6. If the buyer files a complaint within the first 12 months from purchase, the seller may reject it only on the basis of an expert assessment.
7. If the buyer files a complaint after 12 months and the seller rejects it, the seller must indicate in the complaint document where the goods may be sent for expert assessment.

Alternative Dispute Resolution

If the buyer is not satisfied with the way the seller handled the complaint or believes that the seller violated their rights,
the buyer has the right to request remedy from the seller. If the seller rejects the request or fails to respond within 30 days,
the buyer has the right to submit a proposal for alternative dispute resolution to an ADR entity in accordance with Act No. 391/2015 Coll.
The ADR entity may be the Slovak Trade Inspection or another authorized entity registered by the Ministry of Economy of the Slovak Republic.

The buyer may also use the online dispute resolution platform available at:
ec.europa.eu/consumers/odr/

Article VI – Final Provisions

1. Legal relations governed by this Complaints Policy are subject to the laws of the Slovak Republic.
2. This Complaints Policy applies only to relations between the seller and a buyer who is a consumer under Slovak law.
3. This Complaints Policy applies to all contracts concluded exclusively by means of distance communication, particularly via website, e-mail, telephone, fax, letter, or catalogue.
4. František Holub – Goldeneye Diamond s.r.o. reserves the right to amend this Complaints Policy.
   Any amendment becomes effective on the date the new version is published on
   www.holubgems.com.