Terms & Conditions
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OVERVIEW
This website www.thesauritemporum.eu and thesauri.eu (hereinafter referred to as “Website” or “Site”) is operated by Thesauri s.r.o.
This Website is property of and is exploited by Thesauri s.r.o., a company organized and existing by the laws of the Slovak republic, with a registered office at Karpatske namestie 10A, 831 06 Bratislava, Slovakia, and registered by the Ministry of Justice of the Slovak republic under number 50 910 582, and by the Financial Administration of Slovak republic with tax number 2120562400 and VAT number 2120562400 (hereafter referred to as “Thésaurí Temporum”).
For any questions relating to this online store please contact us via the following contact details:
Throughout the Site, the terms "Thésaurí Temporum", “we”, “us” and “our” refer to Thesauri s.r.o. Thésaurí Temporum offers this website, including all information, tools, and Products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms will apply to all current and future sales.
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any of its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools that are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this Website. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website after posting any changes constitutes acceptance of those changes.
Our store is hosted on Wix.com, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - DEFINITIONS
Consumer: means any natural person who is acting for purposes that are outside his trade-, company- or professional activities.
Product: means the goods that are sold on this Website
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least eighteen (18) years old and state that you are competent to enter into a legally binding agreement. If the order for the Product is placed by a person under eighteen (18) years old, this order will be refused.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Your purchase of the Product on the Website is binding. We will send a confirmation of the order to your e-mail address specified in the online ordering process.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially authorized credit protection associations, credit institutions, and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report.
You agree that the use of electronic communications, such as e-mail will give rise to a valid agreement. Furthermore, you agree that we can make use of electronic log files to prove the existence of this agreement.
A breach or violation of any of the Terms will result in an immediate termination of this agreement.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse the Product to anyone for reasonable grounds at any time. We reserve the right to refuse an order, if there is reason to believe that you are acting in contravention of these Terms, are involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
You understand that your content (not including credit card information), may be transferred unencrypted, however appropriate technical and organizational security measures are in place, and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Product, use of the Product, or access to the Product or any contact on the Website through which the Product is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 – AVAILABILITY OF THE PRODUCT
The Products that are shown on the Website are available as long as they are in stock. We reserve the right to change the Products offered on the Website at any time without notice and we reserve the right to limit the number of items that may be purchased by you.
We are not liable for a lack of certain items in stock or for Products not being available. If the Product is not available this can be reserved by placing a preorder, the delivery of the reserved Product will take place after 6 weeks. The commercial resale or redistribution of the Product is strictly prohibited unless agreed otherwise in a separate agreement in writing with Thésaurí Temporum.
SECTION 6 - PRICES
The purchase price of the Product is indicated in EURO including VAT. The individual price of the Product is excluded of any additional costs of delivery. Any additional costs will be communicated to you during the online purchasing process. By confirming the order, you state that you agree to the total price for the Product.
We have the right to change our prices of the Product, however, we commit to apply the price of the Product as indicated during the time of the ordering process of the Product after the completion of the check-out process.
For the avoidance of doubt, we are allowed to correct obvious inaccuracies after the conclusion of the sale agreement. We will communicate any complaints concerning the pricing or payment within 5 working days after the order.
SECTION 7 – PAYMENT
The additional costs of the used payment methods will be solely worn by you.
We accept the following payment methods:
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Paypal
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Debit or Credit card
We have taken the necessary measures to ensure a safe payment. If you pay with a credit card, we reserve the right to check the validity of your credit card.
We are using a secure payment system (stripe.com). In case the payment amount is not transferred to our bank account within 7 days of receiving the order confirmation, we have the right to cancel your order.
We shall only deliver the Product from the moment we have received payment in full from you for the ordered Product. We will always retain ownership in full for all ordered Products until we have received payment, regardless of whether the delivery has occurred.
SECTION 8 - MODIFICATIONS TO THE PRODUCT AND PRICES
We reserve the right at any time to modify the Products (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, or suspension of the Product.
SECTION 9 - PRODUCTS OR SERVICES (if applicable)
Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return or exchange only according to our return policy.
Customers can cancel an order within 24 hours of ordering by sending an email to jewelry@thesauri.eu. We will refund you in the original form of payment. After that moment no cancellations are possible but the products can be returned following the return procedure.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this Site is void where prohibited.
We do not warrant that the quality of any Products or other material purchased or obtained by you will meet your expectations.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 11 - OPTIONAL TOOLS
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 12 - THIRD-PARTY LINKS
Certain content, Products available may include materials from third parties. third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, Product, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 14 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Product that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Product or on any related website, including without limitation, pricing information, except as required by law.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Website will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may remove Products for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Website or Product is at your sole risk.
In no case shall Thésaurí Temporum, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Products, or for any other claim related in any way to your use of the Website or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Thésaurí Temporum is only liable to you for damage caused by intentional fault or fraud.
SECTION 18 - DEFECTS
The legal warranty period, as provided by applicable law, is fully applicable to this agreement. However, this warranty is not applicable if you were aware of the defects at the time of sale.
If there is a defect in the delivered Products, you may demand that the agreement will be revoked or – in case the Products are still available - that defected Products be replaced with the same type of product without any defects. It is requested that the defective Products be sent back to Thésaurí Temporum in their original condition accompanied by a valid proof of payment or invoice.
The costs and risks associated with the return of the Product will be borne by you. Therefore it is recommended to make use of registered and insured return shipments to avoid any risks. The return must be carried out within four (4) calendar days after this communication.
For the avoidance of doubt, the warranty is not applicable in case the damage is caused by normal wear and tear or intentional changes caused by you including the improper or incorrect use of the Product.
Since every item is unique and hand-polished, variations in finish are possible. This is not considered a defect.
SECTION 19 – DELIVERY
The Products are delivered to the provided delivery address. Your order will normally be processed within three (3) working days upon receipt of confirmation. We take no liability for a delivery arriving late or for an order which is lost.
You are responsible for making the delivery possible, either by being present yourself or designating a third party to be present. If the delivery is unsuccessful due to the failure of you being present or the designated party to be present, the cost of this delivery attempt is fully borne by you. The risk of damage and loss of the transferred Products shall pass from the moment of delivery.
For shipments outside the European Union, it may occur that customs physically inspect the parcel, which can cause a delay for which we cannot be held accountable. You will be responsible for the payment to the appropriate authority of any taxes and duties arising from the importation of the Product.
Upon receipt of the Product, the shipment must be checked for accuracy and completeness.
SECTION 20 – RIGHT OF WITHDRAWAL
The Consumer enjoys a right of withdrawal (article VI. 47 CEL) which provides the Consumer the right to terminate the agreement if after the delivery of the Product he or she is not satisfied with the Product. For the avoidance of doubt, no additional fee will be charged or additional motivation is required from the Consumer to exercise this right of withdrawal.
If this right of withdrawal is been exercised by the legal obligations, Thésaurí Temporum takes care of the reimbursement of the paid amount (exclusive shipping cost) within fourteen (14) days after being notified of the exercise of this right of withdrawal.
The reimbursement will be performed using the same payment method as for the initial transaction, whereby no additional fee will be charged to the Consumer.
The Consumer will need to exercise his right of withdrawal within fourteen (14) calendar days after having received the Product. Therefore the Consumer must communicate the exercise of this right within fourteen (14) days, after having received the Product. The Consumer will provide at least the following, clearly communicated, information: (1) the date of order of the Product; (2) the date of receipt of the Product, (3) the date when he exercises his right of withdrawal, (4) Name, address and signature of the Consumer.
The Consumer will need to return the Product as soon as possible and no later than five (5) business days after he or she has notified Thésaurí Temporum of his decision to exercise his right of withdrawal. The Consumer will bear all costs and risks associated with the return of the Product. Thésaurí Temporum is entitled to suspend the reimbursement of the Product after having physically received the Product.
You are liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature and functioning of the Product. Thésaurí Temporum is entitled to demand ask for compensation for the damaged Products.
If the above described conditions are not met the Consumer is not entitled to exercise his or her right of withdrawal.
Please note: customized and personalized items are made uniquely for you, and cannot be returned.
Please note: In case you decline to accept your parcel when DHL or the Post office tries to deliver it, DHL or the Post office will send it back to us. In this case, all administrative costs of the return shipment will be deduced from your return. The invoice for these costs is available upon request.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Thésaurí Temporum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 – NO WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or with respect to the Product constitute the entire agreement and understanding between you and us and govern your use of the Product, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 24 - GOVERNING LAW AND COMPETENT COURT
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed following the laws of the Slovak Republic. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising under or relating to offers or concluded agreements shall come under the competent court of Bratislava, Slovakia.
SECTION 25 - CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms should be sent to us at jewelry@thesauri.eu