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Lupa

Terms and conditions

TERMS AND CONDITIONS

of business company MAVI s.r.o., Bratri Mannu 304, Prosec 53944

identification number: 06178235

registered in the Commercial Register at the Regional Court in Hradec Králové, Section C, File 39738

for the sale of goods via the on-line shop located at www.byluci.eu

 

  1. INTRODUCTORY PROVISIONS

- In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, these Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of MAVI sro, registered office Bratri Mannu 304, Prosec 53944, Czech Republic (hereinafter referred to as the “Seller”), regulate of later regulations (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via an online store the seller. The e-shop is operated by the Seller on a website located at www.byluci.cz (hereinafter referred to as the "Website") via the Website interface (hereinafter referred to as the "Web Interface").

- The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal person or person acting in the course of ordering goods in the course of his business or in his own pursuit of his profession.

- Provisions deviating from the Terms and Conditions can be agreed in the purchase contract. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.

- Terms and conditions of business are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.

- The Seller may amend or supplement the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

 

  1. USER ACCOUNT

- Based on the buyer's registration made on the website, the buyer can access their user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.

- When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the user account and when ordering goods is considered by the seller to be correct.

- User account access is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

- The Buyer is not entitled to allow third parties to use the User Account.

- The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months or if the buyer violates his / her obligations under the purchase agreement (including terms and conditions).

- The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, or. necessary maintenance of hardware and software of third parties.

 

  1. CLOSING THE PURCHASE AGREEMENT

- All presentation of goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase agreement regarding these goods. Section 1732 (2) of the Civil Code does not apply.

- The web interface of the store contains information about the goods, including the indication of the prices of individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. Prices of goods remain in effect as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.

- The store web interface also contains information on the costs of packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.

- To order the goods, the buyer fills in the order form in the shop web interface. In particular, the order form contains information about:

- ordered goods (the buyer inserts the ordered goods into the electronic shopping cart of the web interface of the shop),

- method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and

- information on the cost of delivery (hereinafter referred to as "order").

- Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm Order" button. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the order. (hereinafter referred to as the "Buyer's e-mail address").

- The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example in writing or by phone).

- The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance) sent by the seller to the buyer by e-mail to the buyer's e-mail address.

- The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet access, the cost of telephone calls) are borne by the buyer, and these costs do not differ from the base rate.

 

  1. GOODS PRICE AND PAYMENT CONDITIONS

- The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:

- by bank transfer to the Seller's account No. 2001249309/2010, maintained by Fio banka a-s- (hereinafter referred to as "Seller's Account") for payment in EUR

- Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

- The Seller requests a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.

- In case of cashless payment, the purchase price is payable within 5 days from the conclusion of the purchase contract.

- In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

- The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 6), to demand payment of the entire purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code does not apply.

- Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

- If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made under the purchase contract to the Buyer. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

 

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT

- The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the buyer's wish or for the person from the contract of delivery of perishable goods as well as goods that have been irrevocably mixed with other goods after delivery, from a purchase contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons.

- If it is not a case referred to in Article 1 of the Business Terms and Conditions or any other case where it is not possible to withdraw from the Purchase Agreement, the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code up to fourteen ( 14) days from receipt of the goods, whereas if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence.This form about Withdrawal from the Purchase Contract may be sent by the Buyer to the delivery address of the Seller (Nove Hrady 134, Nove Hrady 53945, Czech Republic) or the Seller's e-mail address info@byluci.cz.

- In case of withdrawal from the purchase contract in accordance with Article 2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the delivery of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.

- In the event of withdrawal from the Purchase Contract pursuant to Article 2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.

- The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for refund of the purchase price.

- In cases where the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Purchaser. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.

- If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such gift is lost and the buyer is obliged to return the goods to the seller gift.

 

  1. TRANSPORT AND DELIVERY OF GOODS

- Goods are delivered as standard within 2-3 weeks from the date of delivery of the payment to the Seller's account

- If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

- If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

- In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery.

- When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.

- Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms, if issued by the Seller.

 

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

- The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).

- The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:

- the goods have properties that the parties have agreed, and if the agreement is missing, it has characteristics that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they perform,

- the goods are fit for the purpose indicated for their use by the seller or for which goods of this kind are usually used,

- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

- the goods are in appropriate quantity, measure or weight and

- the goods comply with legal requirements.

- The provisions referred to in Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for wear and tear caused by its normal use; takeover by the buyer, or if it results from the nature of the goods.

- If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt.

- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.

 

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

- Buyer acquires ownership of the goods by paying the entire purchase price of the goods.

- The Seller is not bound by any codes of conduct within the meaning of § 1826 par. e) of the Civil Code.

- Consumer complaints are handled by the seller via e-mail info@byluci.cz. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.

- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: on-line dispute resolution platform located at http://ec.europa.eu, is responsible for the out-of-court settlement of consumer disputes from the purchase contract. / consumers / odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

- 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 under Regulation (EU) No 524/2013 of the European Parliament and of the Council of On 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Dispute Resolution Regulation).

- The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

- The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

 

  1. PROTECTION OF PERSONAL DATA

- Personal data protection of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.

- The buyer agrees to the processing of his / her personal data: first and last name, home address, identification number, tax identification number, e-mail address, telephone number. (hereinafter collectively referred to as "personal data").

- The Buyer agrees with the processing of personal data by the Seller for the purpose of realization of rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. If the Buyer does not choose another option, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself make it impossible to conclude a purchase contract.

- The Buyer acknowledges that he is obliged to state his / her personal data (during registration, in his / her user account, when ordering from the web interface of the shop) correctly and that he / she is obliged to inform the Seller without undue delay about the change in his / her personal data.

- The Seller may authorize a third party as the processor to process the Buyer's personal data. Except for persons transporting goods, personal data will not be passed on to third parties without the Buyer's prior consent.

- Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.

- The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data.

- In the event that the Buyer believes that the Seller or the Processor (Article 5) carries out the processing of his / her personal data, which is contrary to the protection of the Buyer's private and personal life or in violation of the law, in particular if the personal data is inaccurate with with regard to the purpose of their processing, may:

- ask the seller or processor for explanation,

- require the seller or processor to eliminate such a situation.

- If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.

 

  1. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

- Buyer agrees to receive information related to the goods, services or business of the seller to the buyer's email address and further agrees to receive commercial communications by the seller to the buyer's email address.

- Buyer agrees to store cookies on his computer. In the event that the purchase on the website can be performed and the seller's obligations under the purchase contract, without the so-called cookies stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.

  1. DELIVERY

- Buyer may be delivered to the Buyer's email address.

  1. FINAL PROVISIONS

- If the relationship based on the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

- By choosing the law under Article 1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to him by the provisions of the law which cannot be contractually departed from, and which would otherwise apply under Article 6 (1) of the European Parliament Regulation in the absence of choice of law. and Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

- If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

- Contact details of the seller: address for delivery of the Brothers Mann 304, Prosec 53944, e-mail address info@byluci.cz.

 

Wording of the terms and conditions valid as of 25th September, 2020.