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Terms and Conditions
These terms and conditions apply to purchases in online shops operated by l5l3 s.r.o.
The terms and conditions define and specify the rights and obligations of the seller, which is the company, and the buyer (customer, consumer).
All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and Conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, relations not governed by the terms and conditions are governed by the Commercial Code, No. 513/1991 Coll., all as amended.
Definition of terms
A consumer contract is a contract of sale, a contract for work or other contracts where the parties to the contract are on the one hand the consumer and on the other hand the supplier.The seller is a company l5l3 is a person who, in concluding and performing a contract, acts in the course of his trade or other business. It is an entrepreneur who, directly or through other entrepreneurs, supplies products or services to the buyer.
The customer of our online shop is the buyer.In view of the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.A consumer buyer or consumer only is a person who is not acting in the course of his/her trade or business when concluding and performing a contract.
A non-consumer buyer is a businessman who purchases products or uses services for the purpose of his business with those products or services. This buyer is governed by the terms and conditions to the extent that they apply to him and by the Commercial Code.
Purchase contract
If the buyer is a consumer, the proposal for the conclusion of a purchase contract is the placement of the offered goods by the supplier on the site, the purchase contract is formed by sending the order by the buyer-consumer and the acceptance of the order by the supplier. The Supplier shall immediately confirm this acceptance to the Buyer by an informative e-mail to the e-mail address provided, but this confirmation shall not affect the formation of the contract.
The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.If the buyer is not a consumer, the proposal for the conclusion of the purchase contract is the order of goods sent by the buyer and the purchase contract itself is concluded at the moment of delivery of the seller’s binding consent to the buyer’s proposal.
By concluding the Purchase Contract, the Buyer confirms that he has read these Terms and Conditions, including the Complaints Procedure, and that he agrees to them. The Buyer shall be notified of these terms and conditions and the Complaints Procedure sufficiently in advance of the actual execution of the order and shall have the opportunity to familiarise himself with them.The time limit for the settlement of claims is suspended if the Seller has not received all documents necessary for the settlement of the claim (parts of the goods, other documents, etc.).The Seller is obliged to request supplementary documents from the Buyer as soon as possible.
The time limit is suspended from this date until the Buyer delivers the requested documents.
The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract, by agreement with the Buyer, in the following cases: the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer’s account or address and the Purchase Contract will not be concluded.
Any consumer rights cannot be exercised on gifts that are provided completely free of charge. Such goods comply with the terms of the Gift Agreement and all standards under the applicable legislation of the Czech Republic.Contradiction with the Purchase Contract
In the event that the item is not in conformity with the Purchase Contract upon receipt by the Buyer (hereinafter referred to as “Contradiction with the Purchase Contract”), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount on the price of the item or withdraw from the Contract.
This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.
Contradiction with the purchase contract
In the event that the item is not in conformity with the Purchase Contract upon acceptance by the Buyer (hereinafter referred to as “non-conformity with the Purchase Contract”), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount from the price of the item or withdraw from the Contract.
This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.
Consumer’s right to withdraw from the contract
If the purchase contract is concluded by means of distance communication (online shop), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods, in accordance with Article 53(7) of the Civil Code.
In this case, the consumer shall contact the seller and preferably indicate in writing that he or she is withdrawing from the contract, stating the order number, the date of purchase and the account number for the refund. The withdrawal must be received no later than the last day of the 14-day period.
However, this provision of the law cannot be understood as a possibility of free loan of goods. If the consumer exercises the right to withdraw from the contract within 14 days of receipt of the performance, he must hand over to the supplier everything he has received under the purchase contract. If this is no longer possible (e.g. the Goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be delivered.If the returned Goods are only partially damaged, the Seller may claim damages against the Consumer and set off his claim against the refunded purchase price. In such a case, the Seller is obliged to prove the damage incurred. In such a case, the seller shall only refund the consumer the reduced purchase price.In addition, the Seller may add to the purchase price to be refunded to the Buyer its actual costs incurred in returning the Goods.
The consumer does not have the right to withdraw from the contract, in the case of contracts:
for the provision of Services, if the performance of the Services has commenced with his consent before the expiry of a period of 14 days from the receipt of the performance.
The Seller reserves the right to cancel an order for goods marked “Currently unavailable” in the event that the goods can no longer be delivered or replaced by another model or if the price has changed significantly and the customer does not accept this before the actual formation of the purchase contract. The seller informs the customer of this situation. If part or all of the order has been paid, the money will be refunded to the customer’s account.
Personal data protection
Information about customers is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended.By concluding the contract, the buyer agrees to the processing and collection of his/her personal data in the seller’s database after the successful completion of the contract, until the buyer expresses his/her disagreement with this processing in writing.The Buyer has the right of access to his personal data, the right to rectification, including other legal rights to such data.
Personal data may be removed from the database upon written request of the customer. Customers’ personal data is fully secured against misuse. The Supplier does not pass on customers’ personal data to any other person. An exception is made for external carriers, to whom the personal data of customers is passed on to the minimum extent necessary for the delivery of goods.
Individual contracts are archived by the operator after their conclusion in electronic form and are accessible only to the operator of the shop.
Final provisions
These terms and conditions are valid in the version stated on the Seller’s website on the date of conclusion of the purchase contract.The consumer’s order, once confirmed as a concluded contract between the buyer and the seller, is archived for the purpose of its execution and further registration and its status is accessible to the buyer. The contract may be concluded in the Czech language or in other languages, unless this is the reason for the impossibility of its conclusion.By purchasing, the customer agrees to receive commercial communications.
These terms and conditions allow the consumer to archive and reproduce them.At the moment of conclusion of the purchase contract, the buyer accepts all provisions of the terms and conditions in the wording valid on the date of sending the order, including the price of the ordered goods stated in the confirmed order, unless otherwise demonstrably agreed in a particular case.