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- Terms & Conditions
Terms & Conditions
TERMS & CONDITIONS for the sale of goods on www.landsingershop.CZ operated by Šárka Hrdličková
1.1 In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) these Terms & Conditions (“T&C”) define and specify the rights and obligations of a purchaser and the vendor under a contract concluded via the website at www.landsingershop.cz (hereinafter “purchase contract”). Purchasers may acquaint themselves with these T&C before placing orders and are sufficiently advised of these T&C. By sending an order, purchasers confirm that they have acquainted themselves with and agree with these T&C.
1.2 The vendor is Šárka Hrdličková, Slezská 1739/105, Prague 3 – Vinohrady, ID no. 87414368 (hereinafter the “Vendor”), who operates an internet shop at the website found at www.landsingershop.cz (hereinafter the “website”) via the website interface (hereinafter the “e-shop interface”).
1.3 These T&C are an integral part of purchase contracts.
1.4 Terms differing from these T&C may be agreed on in a purchase contract. Any different terms agreed on in a purchase contract take precedence over these T&C.
1.5 The Vendor may change or add to the T&C. This provision does not affect rights and obligations established when the previous wording of the T&C was in effect.
DEFINITION OF TERMS
2.1 Consumer contract means a purchase contract or other contract pursuant to the Civil Code, where the contracting parties are a consumer on the one side and the Vendor on the other.
2.2 Consumer means a purchaser who is a natural person who, when concluding and performing a contract, is not acting on behalf of his business or other entrepreneurial activity or profession.
2.3 A purchaser who is not a consumer means a person who, when concluding and performing a contract, is acting on behalf of his business or other entrepreneurial activity or profession.
- USER ACCOUNT
3.1 Purchasers may order goods on the website without registering.
3.2 The website enables purchasers to register themselves and set up a user account. Registration on the website allows purchasers to access their user interface. Purchasers may order goods from their user interface (hereinafter “user account”).
3.3 When registering on the website and when ordering goods, purchasers are obliged to provide correct and true information. Purchasers are obliged to update the information given in a user account whenever the information changes. The information given by purchasers in their user account and when ordering goods are treated as correct by the Vendor.
3.4 Access to user accounts is secured by means of a user name and password. Purchasers are obliged to protect the confidentiality of all the information necessary to access their user account.
3.5 Purchasers are not authorised to let third parties use their user account.
3.6 The Vendor may cancel a user account if the purchaser does not use his user account for longer than 6 (six) months or if the purchaser violates his obligations under the purchase contract (including the T&C).
3.7 Purchasers note that user accounts might not be accessible all the time, mainly owing to the need to perform maintenance on the Vendor’s or third parties’ hardware and software.
- CONCLUSION OF A PURCHASE CONTRACT
4.1 The entire presentation of goods on the website is purely informative. The Vendor is not obliged to enter into a purchase contract with regard to such goods. The consideration enshrined in Section 1732(2) of the Civil Code is not applicable.
4.2 The e-shop interface contains information about goods, including the prices of individual items. The prices of goods remain applicable throughout the period of time for which they are displayed on the e-shop interface. This provision does not restrict the Vendor’s option to conclude a purchase contract under terms agreed on a case-by-case basis.
4.3 The e-shop interface also contains information regarding the costs associated with packaging and delivering goods. Postage and packaging costs are borne by the purchaser and are governed by the current price list of the chosen delivery firm.
4.4 To order goods, the purchaser fills in the order form on the e-shop interface. The order firm contains information on the following:
4.4.1. the purchaser (purchases made by made without registration and without logging in to a user account), i.e. the purchaser’s name and surname, address, e-mail address, and possibly other information specified in the order form;
4.4.2 the ordered goods, which the purchaser selects and places in the e-shop interface’s electronic shopping basket;
4.4.3 how the purchase price for the goods will be paid and how the purchaser wants the ordered goods to be delivered; and
4.4.4 information about the costs associated with delivery of the goods (hereinafter the “order”).
4.5 Before sending the order form, purchasers are enabled to check and change the information they entered in the order form, so purchasers can detect and correct any errors arising when the information was entered in the order form. Purchasers send the order form by clicking the “Complete the order” button. Information contained in order forms is treated as correct by the Vendor. Immediately after receiving the order, the Vendor sends the purchaser an e-mail confirming the order was received, using the purchaser's e-mail address given in the user account or order form (hereinafter the “user’s e-mail address”).
4.6 The Vendor is always authorised to request additional confirmation of an order (e.g. in writing or by telephone).
4.7 The contractual relation between the Vendor and the purchaser, i.e. the purchase contract, is established at the moment when the purchaser receives confirmation of the acceptance of his order sent by the Vendor to the purchaser’s e-mail account. At that moment rights and obligations between the purchaser and Vendor as defined by the purchase contract and these T&C are established. Automatically sent notifications of the receipt of an order are not deemed to be binding acceptance of the order. The Vendor undertakes to send the purchaser confirmation of acceptance of the order no later than 24 hours after receiving the order. Until such time as the purchaser receives the confirmation of acceptance of the order he may cancel his order.
4.8 The purchaser consents to the use of remote communication devices in the conclusion of the purchase contract. Costs incurred by the purchaser when using remote communication devices in connection with the conclusion of a purchase contract (internet connection costs, telephone call costs) are borne by the purchaser. Such communication is charged at the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
5.1. The prices of goods given in the e-shop interface are final, including all related fees. Delivery costs, which may vary from order to order (depending on the selected type of delivery), and packaging costs are subsequently added in the order form. The final calculated purchase price of the goods after the order form is filled in is the price including delivery and packaging. Unless explicitly stated otherwise, purchase price hereinafter means the price including packaging and delivery costs.
5.2 The purchaser is obliged to pay the Vendor the price of the goods and any costs associated with delivery of the goods in line with the purchase contract by bank transfer to the Vendor’s account no. 2301878131/2010 with Fio banka, giving the order number as the variable symbol. For payments from abroad, the SWIFT code is FIOBCZPPXXX and the IBAN code is CZ6620100000002001881603 (hereinafter the “Vendor’s account”).
5.3 As the Vendor usually does not have the goods in stock but makes them to order, the Vendor requires the entire purchase price to be paid before dispatching the goods to the purchaser, unless agreed otherwise. Section 2119(1) of the Civil Code does not apply. The purchaser is obliged to pay the purchase price within 10 days after the purchase contract is concluded, specifying the payment’s variable symbol on the basis of a pro forma invoice. If the purchase price is not paid within the above time limit, the purchase contract becomes invalid and the contracting parties are no longer bound by it. In the case of cashless payment the purchaser’s commitment to pay the purchase price is fulfilled upon the crediting of the amount in question to the Vendor’s account.
5.4 If the purchaser pays the purchase price in advance and the Vendor is subsequently unable to deliver the ordered goods, the Vendor will refund the received payment of the purchase price, returning the money to the purchaser’s account from which the payment was made or to another account specified by the purchaser in writing to the Vendor for such purpose. The paid purchase price must be refunded within 30 days from the day on which the Vendor became aware that the order cannot be fulfilled or received information about the account to which the payment is to be returned.
5.5 Discounts on the price of goods provided by the Vendor to the purchaser cannot be combined.
5.6 If it is customary business practice or if it is stipulated by the generally binding legal regulations, the Vendor will issue a pro forma invoice for payments; once the payment has been made, the Vendor will issue an invoice that is valid as a tax document. The Vendor does not pay value added tax. The Vendor will issue the purchaser with the tax document invoice after the price of the goods has been paid and will send it to the purchaser along with the goods. An invoice issued on the basis of a purchase contract also serves as a bill of delivery.
5.7 The Vendor will issue the purchaser with a receipt if the Vendor is so obliged under the Act on Sales Records. In that case the Vendor will register the received revenue with the online tax administrator simultaneously or, in the event of a technical fault, within 48 hours.
- TRANSPORTATION AND DELIVERY OF GOODS
6.1 When making an order, the purchaser selects the goods delivery method, i.e. a specific delivery firm. If the goods are to be sent to the purchaser, the Vendor will send the goods (hand over the goods to the delivery firm) to the purchaser’s delivery address stated in the order form no later than 20 calendar days after receiving payment of the purchase price. The delivery time and cost of transportation are governed by the delivery firm’s terms and conditions. The Vendor is not liable, however, for violations of the obligations set out in this paragraph if the goods are not sent to the purchaser within the specified time limits because of unforeseeable events or for reasons for which the Vendor is not at fault.
6.3 If the agreed delivery method conforms to a special requirement of the purchaser, the purchaser bears the risk and any extra costs associated with such delivery method.
6.4 If the Vendor is obliged under the purchase contract to deliver the goods to a place specified by the purchaser in the order, the purchaser is obliged to take delivery of the goods and the Vendor is not obliged to take the goods back.
6.5 If reasons on the part of the purchaser make it necessary to deliver goods repeatedly or in a different manner than specified in the order, the purchaser is obliged to cover the costs associated with repeated delivery or the costs associated with a different delivery method.
6.6 Upon taking delivery of the goods from the delivery firm the purchaser is obliged to check that the consignment packaging is intact. If the purchaser detects any defects he is obliged to notify the delivery firm and the Vendor immediately and to take a photograph of the packaging. If the purchaser finds damage to the packaging indicating unauthorised opening of the consignment of goods, the purchaser does not have to accept the consignment from the delivery firm. If the purchaser legitimately refuses to take delivery of a consignment and the goods are still available, the Vendor will send the purchaser the ordered goods again as quickly as possible. Otherwise the Vendor will refund the purchase price to the purchaser in the manner set out in Article 5.2 above.
6.7 If the purchaser only finds that a consignment has been damaged/destroyed after taking delivery thereof from the delivery firm, he is obliged to file a complaint with the delivery firm in his own name and at his own cost and in line with the delivery firm’s terms and conditions. In such an event the purchaser has no claim on the Vendor.
6.8 If a consignment is delivered to the purchaser undamaged but the purchaser finds that the item sent differs from the goods he ordered, or a different number of items was sent, the purchaser is obliged to notify the Vendor immediately, but no later than 7 days after taking delivery of the consignment from the delivery firm. The purchaser must notify the Vendor using the e-mail address firstname.lastname@example.org and must state all the relevant facts of the case and give a description of the ordered goods. If the Vendor finds the complaint per the previous sentence to be justified, the Vendor will immediately contact the purchaser to agree on how to remedy the situation.
6.9 If a consignment is not delivered to the purchaser within 30 days after the day on which the sending of the consignment was confirmed to him by the Vendor, the purchaser is obliged to notify the Vendor that the consignment was not delivered. The purchaser must notify the Vendor using the Vendor’s e-mail address email@example.com, stating all the relevant facts of the case and giving a description of the ordered goods, so that the Vendor can file a complaint with the delivery firm regarding non-delivery of the goods and ensure that the undelivered goods are delivered at a different time. The Vendor will notify the purchaser of the different delivery time by an e-mail sent to the purchaser’s e-mail address.
6.10 Other rights and obligations of the parties in connection with the transportation of goods may be governed by the Vendor’s special terms of delivery, if issued by the Vendor.
- RIGHTS LINKED TO DEFECTIVE PERFORMANCE
7.1 The contracting parties’ rights and obligations with regard to defective performance are governed by the appropriate generally binding legal regulations (and in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code; and in the case of purchase contracts with consumer by Act No. 634/1992 Coll., on consumer protection, as amended).
7.2 The Vendor is liable to the purchaser for the goods being free of defects at the time of delivery. In particular, the Vendor is liable to the purchaser for ensuring the following at the time when the purchaser took delivery of the goods:
7.2.1 the goods have the properties agreed on by the parties or, if no such agreement was made, have the properties which the Vendor or manufacturer described or which the purchaser expected with regard to the nature of the goods and the way the goods were advertised;
7.2.2 the goods are suited to the purpose which the Vendor stated for the use thereof or for which goods of this type are usually used;
7.2.3 the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to an agreed sample or template;
7.2.4 the goods are of the correct number, measurements or weight; and
7.2.5 the goods comply with the statutory requirements.
7.3 If a defect manifests itself within six months after delivery, it is understood that the goods were defective upon delivery.
7.4 The Vendor’s obligations with regard to defective performance are at least of the extent of a manufacturer’s obligations with regard to defective performance. The purchaser is otherwise authorised to exercise his right relating to defects occurring on consumer goods within a period of twenty-four months after delivery. If the period of time within which goods may be used is specified on the sold goods, or on its packaging, in an instruction guide enclosed with the goods or in an advertisement in accordance with the legal regulations, the provisions on quality guarantees apply. A quality guarantee obliges the Vendor to ensure that for a certain period of time the goods will be fit for use for their usual purpose or will retain their customary properties. If the purchaser’s complaint to the Vendor concerning defective goods is justified, the period of time for exercising rights with regard to defective performance and the guarantee period is suspended during the period in which the purchaser cannot use the defective goods.
7.5 The provisions of Article 7.4 of the T&C do not apply to goods sold for a lower price specifically because of a defect, to wear-and-tear of goods caused by their customary use, to used goods on which the defect corresponds to the use of the goods and the duration of use before delivery to the purchaser or if it follows from the nature of the goods.
The purchaser has no rights with regard to defective performance if before taking delivery of the goods the purchaser knew that the goods had a defect or if the purchaser himself caused the defect.
7.6 The purchaser exercises rights with regard to defective performance by notifying the Vendor, using the Vendor’s e-mail address firstname.lastname@example.org. The purchaser is also obliged to deliver the goods to the Vendor so that the Vendor can assess the claim with regard to defective performance. Goods for assessment must be delivered to the Vendor with the appropriate documents and a description of the defect. The purchaser notes that the products are mostly made from natural leather, which has specific properties and therefore requires appropriate care.
7.7 Other rights and obligations of the parties in connection with the Vendor’s liability for defects may be governed by the Vendor’s Complaints Procedure, which can be found here. COMPLAINTS PROCEDURE
7.8 The Vendor does not provide purchasers who are not consumers with a quality guarantee unless explicitly agreed on between the contracting parties. The Vendor’s liability for defects in such an event is governed by the Civil Code.
- WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE CONSUMER
8.1 Under Section 1829(1) of the Civil Code the consumer has the right to withdraw from a contract without giving reasons within a period of 14 (fourteen) days, with the exception of the cases referred to in Section 1837 of the Civil Code, i.e. in the case of contracts for the supply of goods modified in line with the purchaser’s wishes or for the purchaser. Products which, in line with the customer’s wishes, are furnished with a special symbol, logo or image, especially those engraved, stamped or beaten, or whose colour is changed according to the purchaser’s wishes, are deemed to be products modified at the purchaser’s request. In such cases the purchaser may not withdraw from the purchase contract.
8.2 With the exception of the case referred to in Article 8.1 of the T&C and cases ruling out withdrawal from a contract, the consumer is authorised in accordance with Section 1829(1) of the Civil Code to withdraw from the purchase contract, and to do so within 14 (fourteen) days after delivery of the goods. If the purchase contract covered several types of goods or the delivery of several parts, the time limit begins on the day on which the final delivery of goods was received. The withdrawal from the purchase contract must be sent to the Vendor within the time limit specified in the preceding sentence. The consumer may send the withdrawal from the purchase contract to the Vendor’s e-mail address email@example.com.
8.3. In the event of withdrawal from the purchase contract pursuant to Article 8.2 of the T&C, the purchase contract is annulled ab initio. The consumer must return the goods to the Vendor, specifically to the address Slezská 1739/105, Prague 3, no later than 14 days after withdrawing from the purchase contract. If possible, the consumer must return the goods in the original packaging and with all accessories so that the Vendor does not incur any loss. When sending goods back to the Vendor, the consumer must pack the goods in a manner providing sufficient protection against damage or degradation during transportation. If the consumer withdraws from the purchase contract, the consumer bears the costs associated with returning the goods to the Vendor, even if the nature of the goods prevents them being returned by standard post. The Vendor is not obliged to take delivery of goods sent cash-on-delivery by the purchaser to the Vendor. Any costs incurred will be charged to the purchaser.
8.4 In the event of withdrawal from the purchase contract according to Article 8.2 of the T&C the Vendor will check the returned goods immediately after taking delivery of them. If the goods were returned justifiably, the Vendor will immediately send the consumer information confirming that the goods were returned in order and will refund the money to the consumer within 14 (fourteen) days after the withdrawal date, and will do so in the same manner as the Vendor received the money from the consumer unless the consumer specifies a different requirement, and will do so either by sending the money to the consumer’s address or by bank transfer to the consumer’s account (when withdrawing from the contract the consumer may specify how he wants the purchase price to be refunded). The Vendor is also authorised to return performance provided by the consumer, including goods delivery costs (bar additional costs incurred in consequence of a selected delivery method differing from the cheapest standard delivery method offered by the Vendor) when goods are being returned by the consumer or in another manner, provided the consumer agrees and incurs no additional costs thereby. If the consumer withdraws from the purchase contract, the Vendor is not obliged to refund the purchaser before the consumer returns the goods.
8.5 The Vendor is authorised unilaterally to offset claims for compensation for damages caused to goods against the consumer’s claim for a refund of the purchase price.
8.6 If the consumer, in accordance with Section 1829(1) of the Civil Code, is authorised to withdraw from the purchase contract, the Vendor is also authorised to withdraw from the purchase contract at any time until the consumer takes delivery of the goods. In such an event the Vendor will refund the consumer for the purchase price without undue delay, doing so by bank transfer to the account specified by the consumer.
8.7 If a gift was provided to the consumer along with the goods, the gift agreement between the Vendor and the consumer is concluded with the severance condition that the gift agreement will become ineffective with regard to such gift if the consumer withdraws from the purchase contract, and the consumer is obliged to return the provided gift to the Vendor along with the goods.
8.8 A purchaser who is not a consumer is not authorised to withdraw from a purchase contract under the terms of Section 1829(1) of the Civil Code within the meaning of Article 8.2 of the T&C.
- SPECIAL PROVISIONS APPLYING TO GOODS MADE TO ORDER
9.1 The Vendor’s and purchaser’s rights and obligations in the case of goods made to order are governed by these T&C, unless special conditions set out in this article determine that these special conditions apply to goods made to order.
9.2 The following terms apply for the purposes of this article:
a) manufacture of goods to order – a service provided by the Vendor in return for payment and consisting in the creation of goods to order (see the definition below) according to the purchaser’s requirements, where the purchaser selects a colour from the colour sampler on the website and informs the Vendor what the goods should look like;
- b) goods made to order – the result of the Vendor’s work done in line with the purchaser’s requirements;
- c) contract, for the purposes of these T&C, means a contract for a job of work, the subject of which is the Vendor’s commitment to produce and supply goods to the purchaser according to the purchaser’s requirements and the purchaser’s obligation to pay the purchase price for such goods.
9.3 The following conditions apply to goods to order. The purchaser notes the conditions and by ordering the manufacture of goods to order expresses his consent to them:
- a) The purchaser’s rights with regard to defective performance in the manufacture of goods to order are governed by Article 7 of these T&C.
- b) In accordance with Section 1837 of the Civil Code the consumer is not entitled to withdraw from the contract, as goods made to order are goods made according to the purchaser’s wishes.
- c) The Vendor undertakes to deliver the goods to the purchaser no later than 30 days after the conclusion of the contract.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
10.1 With regard to the purchaser the Vendor is not bound by any codes of ethics within the meaning of Section 1826(1)(e) of the Civil Code.
10.2 The Vendor handles consumers’ complaints via the e-mail address firstname.lastname@example.org. The Vendor sends information about the processing of the purchaser’s complaint to the purchaser’s e-mail address.
10.3 Any out-of-court settlement of consumer disputes arising from a purchase contract will be handled by the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID no. 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform found at http://ec.europa.eu/consumers/odr can be used to settle disputes between the Vendor and a purchaser arising under a purchase contract.
10.4 The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Online Dispute Resolution).
10.5 The Vendor is authorised to sell goods under a trades licence. Trades inspections are done by the appropriate trades licensing authority. Oversight over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs oversight over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
10.6 The purchaser hereby assumes the risk of any change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- PERSONAL DATA PROTECTION
11.1 The Vendor fulfils its obligations with regard to the purchaser within the meaning of Article 13 of Regulation No 2016/679 (EU) of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter the “GDPR” and in connection with the processing of the purchaser’s personal data for the purpose of fulfilling the Vendor’s public-law obligations by means of a separate document called Principles of Personal Data Processing for the e-Shop, which is accessible at www.landsingershop.cz. More information on personal data processing can be found here: Protection of Personal Data.
11.2 The purchaser agrees to the saving of cookies on his computer. If a purchase may be made on the website and the Vendor’s commitments under a purchase contract may be fulfilled without cookies being saved on the purchaser’s computer, the purchaser may revoke the consent pursuant to the preceding sentence at any time.
- CLOSING PROVISIONS
12.1 Where a relation established by a purchase contract contains an international element, the parties agree that the relation will be governed by Czech law.
12.2 The choice of law pursuant to Article 12.1 of the T&C does not divest the consumer of the protection afforded to him by provisions of the law which cannot be deviated from in a contract and which, in the absence of the choice of law, would be used pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual relations (Rome I).
12.3 Communication with the purchaser may take place using the purchaser’s e-mail address.
12.4 If any provision of the T&C is or becomes invalid or ineffective, the provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The other provisions remain valid and effective.
12.5 The T&C are drawn up in the Czech language. Purchase contracts are also concluded in Czech. Purchase contracts, including the T&C, are archived by the Vendor in electronic form and are not accessible.
12.6 The Vendor’s contact details: delivery address: Slezská 105, Prague 3, 130 00; e-mail address: email@example.com; telephone: 737 080 202
12.7 This version of the T&C applies from 17.09.2020.