Company La Luce, Ltd.
based on Konevova 237, 130 00 Praha 3, Czech Republic
Registration Number: 02041081
registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 214783
for the sale of goods via online shop online at www.shoplaluce.cz
1.1 These terms and conditions ( "Terms and Conditions ") of La Luce, Ltd., established Konevova 237, 130 00 Praha 3, Czech Republic, Identification Number: 02041081, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 214783 ( hereinafter referred to as " Seller" ) govern the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement (the "Purchase agreement" ) concluded between the seller and any other natural or legal person (hereinafter referred to as " buyer") through an online store seller. Online Store is operated by the seller on the Internet at www.laluce.cz through web interface (hereinafter referred to as " Web-based commerce").
1.2 Terms and Conditions also govern the rights and obligations of the parties in using the seller's website located at www.laluce.cz (the " Website") and other related legal relations. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller, is ordering goods within their business.
1.3 Provisions derogating from the commercial terms can be agreed upon in the sales contract. Different arrangements in the contract of sale shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The Purchase Agreement and the terms and conditions are written in the English language. The purchase contract can be concluded in the English language.
1.5 The Business Conditions seller may modify or supplement. This provision shall not prejudice the rights and obligations arising after the effective period of the previous version of business conditions.
6.1 Upon registration of the buyer on the website, buyers can access their user interface. From its user interface buyer can order goods (hereinafter referred to as " User Account"). In the event that the web interface allows you to trade, buyers can also order goods without registration directly from the web interface business.
1.7 When you register on the website and ordering goods the buyer is obliged to provide correct and true information. The data presented in the user account, the buyer when any change required to update. The data referred to the buyer's user account and ordering goods by the seller are deemed correct.
8.1 Access to the user account is secured by username and password. The buyer is obligated to maintain the confidentiality of the information necessary to access the user account and acknowledges that Seller shall not be liable for any breach of this obligation by the buyer.
1.9 The Buyer is not entitled to allow the use of a user account to third parties.
1.10 Seller may cancel your account, especially if the buyer your user account for more than one year is not used, or if the buyer breaches its obligations under the purchase agreement ( including terms and conditions).
1.11 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
CLOSURE OF THE PURCHASE AGREEMENT
1.12 The web interface provides a list of trade goods offered for sale by the seller, including the prices of individual goods. The prices of the goods offered are inclusive of value added tax and all related charges. The offer of sale of goods and the prices of goods remain in force as long as they are displayed in the web interface business. This provision is limited to the seller to conclude a purchase contract for individually negotiated terms. All offers to sell goods placed in the web interface of trade are binding and the seller is not obliged to enter into a purchase agreement regarding this product.
1.13 The web interface of trade also includes information about the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
1.14 To order goods, the buyer order form in the web interface business. The order form shall include information on :
- Ordered goods ( goods ordered " insert" the buyer into an electronic shopping cart business web interface )
- The method of payment of the purchase price of the goods, details of the desired method of delivery of goods ordered and
- Information on the costs associated with the delivery of goods ( hereinafter collectively referred to as the "Order ").
1.15 Before sending the order to the buyer to the seller is allowed to check and modify the data inserted in the order, the buyer, also with regard to the option buyer to detect and correct errors during data entry to order. The order sends the buyer the seller by clicking on the " I want to finish the order". The data presented in the order they are believed to be correct by the seller. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, and electronic mail address of the buyer specified in the user interface or in the order ( hereinafter referred to as "electronic address of the purchaser").
1.16 Seller is always entitled to, depending on the nature of the order ( quantity of goods, the purchase price, estimated shipping costs ) to ask the buyer for additional confirmation ( such as writing or by telephone).
1.17 The contractual relationship between the seller and the buyer arises delivery order acceptance (acceptance), which is sent to the buyer by e-mail, and electronic mail address of the purchaser.
1.18 Buyer acknowledges that Seller is not obliged to enter into a purchase agreement, especially with those that have materially breached the purchase agreement ( including terms and conditions).
1.19 Buyer agrees to the use of distance communication in the conclusion of the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase agreement ( the cost of internet access, telephone costs ) paid by the Buyer.
PRICE AND PAYMENT TERMS
1.20 Price of the goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways :
Cash on delivery at the location specified by the purchaser in the order ;
bank transfer to the seller's account No. 8457150013/5500, led the company Raiffeisenbank (the " Seller Account " ) ;
cashless payment system through PayPal ;
cashless payment card through PayPal ;
1.21 The purchase price, the buyer is obliged to pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods.
1.22 In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon receipt of goods. In the case of cashless payment of the purchase price is due within 2 days of the purchase contract.
1.23 In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with the variable symbol payments. In the case of cashless payment by the buyer to pay the purchase price at the time met the appropriate amount to the account of the seller.
1.24 Seller is entitled, in particular in the event that the Buyer does not an additional confirmation of the order ( Article 1.16), require payment of the full purchase price before sending the goods to the buyer.
1.25 Any discounts on the price of goods by the seller to the buyer cannot be combined.
1.26 If in the normal course of trade, or if so determined by generally binding legal regulations issued by the Seller in respect of payments made under the contract buyer tax document - invoice. Seller is the payer of value-added tax. The tax document - invoice issued by the Seller to the Buyer after payment in full and sends it electronically to the email address of the purchaser.
WITHDRAWAL FROM THE CONTRACT
1.27 Buyer acknowledges that according to § 53 paragraphs 8 of Act No. 40/1964 Coll. , The Civil Code, as amended ( the "Civil Code") , among others, can not withdraw from the contract for the supply of goods made to wishes of the buyer , as well as goods subject to rapid deterioration, wear and tear , the purchase agreement for the delivery of audio and video recordings and computer programs, if the consumer their original packaging , and the purchase agreement for the supply of newspapers, periodicals and magazines.
1.28 If this is not the case referred to in Article 1.27 or in another case where you can not withdraw from the contract, the buyer in accordance with § 53 paragraphs 7 of the Civil Code, the right to withdraw from the contract, within fourteen ( 14 ) days receipt of goods. Withdrawal from the contract seller must be demonstrably delivered within fourteen ( 14 ) days from receipt of goods to the address of the seller or the seller's e-mail address firstname.lastname@example.org.
1.29 In the event of a withdrawal under Article 1.28 of the business conditions of the purchase contract from the beginning. Goods must be returned to the seller within 5 working days from dispatch of withdrawal seller. If the purchaser breaches an obligation under the preceding sentence, the Seller is entitled to a contractual penalty of 0.1 % of the goods that have been bought and for each day of delay, up to the purchase price of the goods. This provision shall not affect the right to compensation for any damage caused by a breach of duty, which is subject to a penalty, even if the damage exceeds the penalty. Goods must be returned to the Seller condition and, if possible, in the original packaging.
1.30 Within ten (10 ) days from the return of goods by the buyer in accordance with Article 1.29 Seller is entitled to examine the returned goods, in particular, to determine whether the returned goods are not damaged, worn or partially consumed.
1.31 In the event of withdrawal under Article 1.28 of business conditions, the seller will return the purchase price ( excluding cost of delivery) to the buyer within ten ( 10 ) days from the deadline for the examination of goods in accordance with Article 1.30 of business conditions , a bank transfer to an account designated by the buyer. Seller is also entitled to return of the purchase price in cash already when returning the goods.
1.32 Buyer acknowledges that if the goods returned by the buyer damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Claims for damages, the seller is entitled to unilaterally against the Buyer's claim for a refund of the purchase price. Similarly, a claim for a penalty under Article 1.29 Seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
TRANSPORTATION AND DELIVERY
1.33 The method of delivery of goods determined by the Seller, unless the purchase contract provides otherwise. In case the mode of transport is negotiated at the request of the purchaser, the purchaser bears the risk and additional costs associated with this mode of transport.
1.34 If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer fails to take over the goods on delivery, the seller is entitled to charge a storage fee 300 CZK (in words: three hundred Czech crowns ) and is entitled to withdraw from the contract.
1.35 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another delivery method.
1.36 When taking the goods from the carrier, the buyer is obliged to check the integrity of the package and in the event of any defects immediately notify the carrier. In the event of a breach reunion package indicative of intrusion into the consignment, the buyer may not take a shipment from the carrier. Signing the delivery note buyer confirms that the shipment of goods meet all the terms and conditions and any further claims regarding damage the packaging shall not be taken into account.
1.37 Other rights and obligations of the parties in the transport of goods can adjust the delivery conditions of the seller.
LIABILITY AND WARRANTY
1.38 The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller shall be governed by the relevant legislation (in particular the provisions of §
612 et seq. Civil Code).
1.39 Seller is responsible for ensuring that the thing sold is in conformity with the contract and that it is free of defects. Conformity with the contract means that the thing sold has quality and properties required by the contract, the seller, the producer or his representative, or on the basis of their expected by the ads , or the quality and properties of matter of this kind that meets the requirements of legislation is the corresponding quantity , measure or weight and corresponds to the purpose for which the seller says things or for that matter normally used .
1.40 In the event that the matter on receipt by the buyer is not in conformity with the contract ( hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put in accordance with the purchase agreement , and according to by exchanging the purchaser, or repair, unless such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract . This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. Conflict with the contract, which will take effect within six ( 6) months from the date of receipt of the goods shall be deemed to have already existed in its takeover if not in the nature of things or if it is proven otherwise.
1.41 When they are not things that are perishable or used goods, the seller is responsible for defects which appear as a contradiction with the contract after the item within the warranty period ( warranty).
1.42 The rights of the buyer arising from the liability of the seller for defects, including the warranty liability of the seller, the buyer applies with the seller at his establishment Konevova 237, Prague 3, 130 00
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.43 The buyer acquires ownership of the goods by paying the entire purchase price.
1.44 Buyer acknowledges that software and other content of the Web-based commerce ( including photos of the goods offered ) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or allow third parties to unduly interfere with or use software or other content of the web interface business.
1.45 The Buyer is not entitled to use the web interface to use trade mechanisms, software or other procedures that could affect the operation of the web interface business. Web Interface shop can be used only to the extent that is not at the expense of the rights of other customers of the seller which is consistent with its purpose.
1.46 Seller is not related to the purchaser is bound by any codes of conduct within the meaning of § 53a
paragraph 1 of the Civil Code.
1.47 Buyer acknowledges that Seller shall not be liable for errors arising from the interference of third parties to the Web site or arising from the use of the Web Site in violation of their purpose.
PRIVACY AND SENDING OF BUSINESS COMMUNICATION
1.48 Privacy buyer who is a natural person is provided by Act No. 101/2000 Coll. , On the Protection of Personal Data, as amended.
1.49 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, electronic mail address, telephone number (hereinafter collectively referred to as " personal information").
1.50 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the contract and for the purpose of sending commercial messages and information to the seller.
1.51 Buyer acknowledges that it is obligated to your personal data (for registration in your user account when ordering from the web interface by trade ) correctly and truthfully and without undue delay inform the seller about change in their personal data.
1.52 Processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to the persons transporting the goods will not be personal data by the seller without the prior consent of the buyer to third parties.
1.53 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in a printed form non-automated manner.
1.54 Buyer confirms that the information is accurate and that he was advised that it voluntarily provides personal information. Buyer states that he was advised that the consent to the processing of personal data in relation to the Seller by notification delivered to the address of the seller.
1.55 In the event that the buyer thought the seller or processor (Article 1.52) is processing the personal data that is inconsistent with the protection of private and personal life of the purchaser or in conflict with the law, especially if personal data are inaccurate with regard the purpose of processing, it may:
- ask the seller or processor for the explanation
- require the seller or processor to correct the condition. In particular, it may be blocking, correction, addition or destruction of personal data. If the application
buyer under the preceding sentence is found justified, the seller or the processor removes the trouble. If the seller fails or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the right of the buyer to take its initiative to the Office for Personal Data Protection.
1.56 If the buyer asks for information about the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence may request reasonable compensation not exceeding the cost of providing the necessary information.
1.57 Buyer agrees to receive information related to goods, services or company seller to the buyer's email address and agree to receive commercial information from the seller to the buyer's email address.
1.58 Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by email, in person or by postal service ( by the sender). The buyer is delivered to the email address specified in his user account.
1.59 The message is delivered:
- In case of delivery by e-mail at the moment of its adoption by the incoming mail server, the integrity of the messages sent by electronic mail may be secured a certificate
- In case of delivery in person or via postal service by taking consignment to the consignee,
- In case of delivery in person or via postal service also denying receipt of the shipment, refuse if the addressee (or a person authorized him to accept it ) to accept it,
- In case of delivery by postal services to the expiry of ten ( 10 ) days from the shipment and taxes prompted the recipient to accept the shipment occurs if the shipment with the postal service, even if the addressee has knowledge of the deposition.
1.60 If the relationship associated with the use of the Web site or the legal relationship of the purchase agreement includes international (foreign ) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
1.61 The seller is entitled to sell the goods on the basis of a trade license and seller activity is not subject to any other permissions. Trade inspection carried out under its authority the Licensing Office.
1.62 If any provision of the Terms and Conditions is invalid or unenforceable, and such happens, the invalid provision a provision whose meaning is an invalid provision as closely as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase agreement or terms and conditions require a written form.
1.63 The purchase contract including terms and conditions is archived in electronic form by the seller and is not accessible.
1.64 Contact information Seller : Address for service Konevova 237, Prague 3, 130 00, e-mail address email@example.com , phone +420 603 482 775
In Prague on November 26, 2018