of Martina Prokopová, based Pokorného 866/19, 198 00 Prague, Czech Republic, identification number: 07091826 for the sale of goods through an online store on the Internet address www.lasoul.cz
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of Martina Prokopová, Pokorného 866/19,198 00 Prague, Czech Republic, identification number: 07091826 (hereinafter referred to as the "Seller") shall be regulated in accordance with Czech Civil Code, no 89/201, Paragraph 1751 (1) (Hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (hereinafter referred to as the "Purchaser" ") Via the seller's internet shop. The e-shop is operated by the seller on a web site located at www.lasoul.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who is ordering goods for their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Czech language is the main language of the Purchase Agreement and the Business Terms and Conditions. The purchase contract can be concluded in the Czech language and translated into English.
1.5. The seller may change or add the business terms. In this case the rights and obligations arising during the period of validity of the previous version of the terms and conditions are not affected.
2. USER ACCOUNT
2.1. The buyer orders goods without registration directly from the web interface of the store.
2.2. When ordering the goods, the buyer is obligated to indicate correctly and truthfully all data. The details given by the buyer when ordering the goods are considered correct by the seller.
2.3. When ordering, the personal data required to conclude the sales contract and successfully complete the order (name and address, contact details) are required. The purpose of processing personal data is to execute the buyer's order and to exercise the rights and obligations arising from the contractual relationship between the seller and the buyer.
3. CLOSING OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Paragraph 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Product prices are final and are listed including all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This fact does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs associated with the delivery of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is required to check the data he has placed in the order. The order is sent by the buyer to the seller by clicking the "Submit" button. The data listed in the order are deemed correct by the seller. On receipt of the order, the Seller will send receipt of receiving the order to the buyer by e-mail, to the buyer's email address written in the order (hereinafter referred to as the "buyer's email address").
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the kind of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the buyer by the seller by e-mail to the buyer's email address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the seller for the goods and any costs associated with the delivery of the goods under the purchase contract in following ways:
- by bank transfer to Seller's account 116800034/3030 (hereinafter referred to as the "Seller Account");
Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.2. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.3. In the case of bank transfer payment, the purchase price is payable within 2 working days of the purchase contract being concluded.
4.4. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. The variable symbol is the order number. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.5. Seller is entitled, in particular, in the case that the buyer does not receive an additional confirmation of the order (Article 3.8), to demand payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. If it is common in business or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document - Issuance of the invoice will be done by the seller to the buyer after payment of the price of the goods and will be sent it to the buyer's address.
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
5.1. The Buyer notes that, under Paragraph 1837 of the Czech Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the purchase contract for the supply of goods in sealed packaging, and for hygienic reasons it can not be returned.
5.2. If the case is not referred to in Article 5.1 of the Terms and Conditions or in another case when the purchase contract can not be withdrawn, the Buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with Paragraph 1829 (1) of the Czech Civil Code, up to 14 days after the receipt of the goods, where, in the case where several types of goods are covered by the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the Terms and Conditions. Withdrawal from the sales contract is sent by the buyer to the seller's postal address or to the e-mail address of the seller at email@example.com.
5.3. In the case of withdrawal from the purchase contract according to Article 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the byuer within 14 days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 days of withdrawal from the Purchase Agreement to Buyer's bank account. The seller is also entitled to return the amount of money paid by the buyer upon returning the goods other way in case the buyer agrees and to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received amount of money to the buyer before the buyer returns the goods or proves that the goods have been dispatched to the seller.
5.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the sales contract in accordance with the Paragraph 1829 (1) of the Czech Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer acquires the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the type of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this type of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another delivery method.
6.4. Upon delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the case of a damage of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the Paragraph 1914 to 1925, Paragraph 2099 to 2117 and Paragraph 2161 to 2174 of the Czech Civil Code).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The Article 7.2 of the Terms and Conditions does not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for the wear and tear of the goods due to its normal use, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance applies the buyer in writing to the seller by post or to the seller's email address firstname.lastname@example.org.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of Paragraph 1826 (1) e) of the Czech Civil Code.
8.3. Consumer complaints are handled by the seller via the email address email@example.com. Confirmation of receiving the complaints will be sent to the buyer's email address by the seller.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praga 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
8.6. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Czech Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Paragraph 1765 (2) of the Czech Civil Code.
9.1. Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
9.2. A receipt is also deemed to have been delivered, the receipt of which has been rejected by the addressee, which was not picked up during storage or returned as undeliverable.
9.3. The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated by the buyer in the order, respectively to the address given on the Seller's website.
10. FINAL STATEMENT
10.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
10.2. If any clause of the Terms and Conditions is invalid or ineffective, or if it occurs, instead of invalid clauses, new clause similar as possible to the previous clause will be used. The invalidity or ineffectiveness of one clause is without prejudice to the validity of the other clauses. Changes and additions to the sales contract or business terms require a written form.
10.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4. The Attachment on the Terms and Conditions is a sample withdrawal form from the sales contract.
10.5. Contact details of the seller: delivery address Martina Prokopová, Pokorného 866/19, 198 00 Prague, Czech Republic, e-mail address firstname.lastname@example.org.
Prague, May 13, 2018
Attachment 1 - Claim Form