GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions (hereinafter the “GTC”) govern the rights and obligations of the Parties in concluding and performing a purchase contract (hereinafter the “Contract”) between the Seller and the Customer (Buyer) on the sale of Goods and their delivery to the Customer. For the purposes of these GTC, the Contractor shall refer to:
Business name: LEJAAN s.r.o.
registered office at: Šumavská 931/13, Vinohrady, 120 00 Prague 2
BIN: 285 99 349
a company incorporated in the Commercial Register under reference No. C158886 maintained by the Municipal Court in Prague.
Place of business: U Kolory 231, 463 12 Liberec
Customer service contacts:
Phone No.: +420 722 920 930
Orders, returns, warranty claims:
Phone No.: +420 725 436 172
- The Customer is obligated to familiarise him/herself with these GTC before using the Service.
- In accordance with these GTC, the scope of the Contract comprises the Seller’s obligation to deliver Goods to the Customer and to allow the Customer to acquire the title to the Goods, and the Customer’s obligation to take over the Goods and to pay the Price and the Postal Charge, eventually COD or Packaging, to the Seller.
- For the purposes of these GTC, the following capitalized terms shall have the following meanings:
- Customer refers to a person using the Service and, for the purposes of these GTC, can also be referred to as the Buyer or Purchaser;
- User Account Holder refers to the person setting up a User Account on www.lejaan.cz;
- User Account refers to the user interface available via www.lejaan.cz;
- Order refers to the Customer's binding proposal to conclude the Contract addressed to the Seller;
- Price refers to the financial amount which the Customer undertakes to pay the Seller for Goods under the Contract, as specified in the Order; in the event of a discrepancy between the price indicated for the individual type of Goods and the price indicated in the Order summary, the price indicated in the Order summary shall prevail;
- Goods refer to items specified and characterized on the Website and offered on the Website for sale and indicated by the Customer in the Order so that the Customer place them in a virtual basket (a gift voucher, which is activated by entering the gift voucher code in the User Account in the "my Credits" section, is also considered as Goods);
- Postal Charge refers to the amount which the Customer is charged in addition to the Price if the Price is lower than CZK 3,000 and for which the Seller undertakes to ensure shipment of the Goods to the location indicated by the Customer in the Czech Republic and, if the Customer fails to accept Goods, also shipment of the Goods from the intended delivery location to the Customer back to the Seller, unless special shipment outside the Czech Republic is arranged separately;
- Service refers to the Internet environment of the www.lejaan.cz used for submitting Orders and for the conclusion of the Contract;
- Website refers to www.lejaan.cz;
- Credit means a virtual unit enabling payment of the Price by the Customer via the User Account, when the Customer instead of the Price pays the Seller the appropriate number of Credits. One Credit corresponds to the amount of CZK 1, the validity of the Credits is limited in time. Credits are not refundable, i.e. the customer has no right to demand the conversion of Credits into any currency and demand their payment. After payment of the Price in the form of Credits, the relevant Credits will be debited from the Customer's User Account. Credit can be credited to the User Account by the Seller, according to the conditions set out in these GTC, or by the Buyer by creating a User Account and entering the number of the gift voucher issued by the Seller after logging into their User Account (in the My Credits section);
- COD means cash on delivery, which means the price for the service consisting of collecting the Price from the Customer by the transporter on takeover of the Goods from the transporter. The provisions of these GTC on Postage apply similarly to the payment of COD, with the exception of the provision that COD is always paid by the Customer regardless of the amount of the Price;
- Packaging means the price of the specially ordered packing of the Good, typically in for of the present.
- The Contract between the Seller and the Customer is concluded via the Service. The Contract is to be concluded at the time the Seller sends confirmation of receipt of the Order to the Customer. The Seller is to confirm receipt of the Order as soon as s/he receives it. At the same time as confirming the acceptance of the Order, the Seller will also deliver to the Customer via email these GTC in PDF format (for the avoidance of doubt, it is considered that the GTC delivered in this way are the GTC governing the relationship between the Seller and the Customer), as well as maintenance symbols and a description of the consequences of non-compliance maintenance manual. The maintenance symbols that will be delivered to the Customer represent general instructions for the maintenance of textile goods, while the customer is obliged to carry out maintenance (washing, ironing, cleaning) on the textile goods in accordance with the pictograms and, where appropriate, the instructions that are associated with the textile goods, with individual pictograms applies the instructions delivered to him in accordance with this provision.
- The Seller’s obligation to deliver Goods to the Customer and to allow the Customer to acquire ownership rights to the Goods and the Customer’s obligation to pay the Price and the Postage for Goods to the Seller shall arise upon conclusion of the Contract.
- Any and all relationships between the Seller and the Customer based on or made through or in connection with the Service and items offered by the Seller via the Website shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) and Act No. 634/1992 Coll. on Consumer Protection, as amended.
NOTICE TO CONSUMER BEFORE CONCLUSION OF CONTRACT
- The seller informs the consumer that:
- the costs of means of remote communication do not differ from the basic rate (in the case of Internet and telephone connection according to the conditions of the Customer's operator). The Seller does not charge any additional fees, but this does not apply to the transportation of the Goods;
- requires payment of the Price, Postage, COD and, if applicable, Packaging before the Customer takes over performance, and in the case of choosing to pay these obligations via bank account transfer, the Seller requires payment of an advance in the amount of 100% of the Price, Postage, COD and, if applicable, Packaging before sending the Goods to the customer;
- The Seller does not conclude contracts, the subject of which is repeated performance;
- the prices of the Goods and services are listed on the Website including VAT, including all fees stipulated by law, however the cost of delivering the Goods varies depending on the chosen method and transport provider, the method of payment of the Price and Postage and the chosen packaging;
- Delivery costs (Postage), delivery method (shipping), payment method and packaging method are communicated to the Customer when selecting transport, payment and packaging, from which the Customer chooses the most suitable method of packaging, delivery and payment, however, this information is always provided before the binding confirmation of the Order;
- The consumer customer has the right to withdraw from the contract (unless otherwise stated below), within a period of fourteen days, which runs if it is
- purchase contract, from the date of acceptance of the Goods;
- a contract, the subject of which is several types of Goods or the delivery of several parts, from the date of acceptance of the last delivery of the Goods;
- while this withdrawal must be sent to the address of the Seller's registered office, its place of business or to the e-mail address email@example.com, or the registered user can use the option of filling in and sending the form for withdrawal from the contract through the User Account. The form for withdrawing from the contract is called a return form, as it allows the Customer to return the Goods without giving a reason and thereby declare his interest in withdrawing from the contract. The return form (form for withdrawing from the contract) as well as the complaint form is available on the lejaan.cz website, or you can use the active link listed in Article XII. paragraph 9 of these GTC, to download it.
- The customer consumer cannot withdraw from the contract:
- on the delivery of goods that have been modified according to the wishes of the consumer or for his person;
- about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it.
- in case of withdrawal from the contract, the Customer, consumer, bears the costs associated with returning the Goods to the Seller, if he does not use the Goods return service described in Article XI. paragraph 1 of these GTC;
- contract, or the relevant invoice will be stored in the Seller's electronic archive, Customers with an established User account also have access to this data in their profile;
- the consumer can submit a complaint to the email address firstname.lastname@example.org, which will then be investigated internally and the Customer will be notified of the outcome of the investigation or other resolution of the complaint within 30 days;
- the consumer also has the right to file a complaint with a supervisory or state supervisory authority, which is any trade office and the Czech Trade Inspection (www.coi.cz);
- if the Seller's performance is defective, the Customer shall have the rights described in Article X. of these GTC;
- for the purposes of communication between the Customer and the Seller, the Customer is entitled to use telephone communication on the numbers listed above, to the email addresses listed above, as well as chat (instant communication messenger), which is, however, only available on the Website, and the Customer can use the chat, if he wants to have it saved, he must have it sent to his e-mail, by means of the dedicated button rolled out from the menu of the chat environment.
- The customer agrees to use remote means of communication when concluding the Agreement. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Agreement (costs of Internet connection, costs of telephone calls) are paid by the Customer himself, and these costs do not differ from the basic rate.
- By using the services on the Site, the Customer or any other user is obliged to comply with these General Terms and Conditions and confirms that he has familiarized himself with the General Terms and Conditions. The Seller is entitled to change and supplement the GTC at any time, with the understanding that any changes and additions to the GTC (hereinafter referred to as the "New GTC") are effective on the day they are made available on the Website. Contracts concluded before the New GTC are made available on the Site are governed by the GTC valid before such a change; the same procedure applies to Orders that were sent to the Seller before the New GTC were made available on the Website.
- The Order may only be delivered to the Seller through the Service, either as a registered user holding a User Account or as an unregistered user. In the Service environment, the Customer selects the Goods s/he is interested in, including their properties, if the Service allows for this with the specific item, such as fabric, colour, filling, etc.
- The Service through which the Contract is concluded allows for an Order to be edited until the final Order is confirmed. If the Customer enters data other than those required, the system will not allow the Customer to continue to complete the Order until the error is eliminated, as notified by the system.
- Having confirmed all the fundamental parameters of individual items, the Customer shall move these selected items to the virtual shopping basket by using the command “Move to basket”. All these moved items are indicated in the order form, which constitutes the summary of the Customer’s Order and which the Customer can access either (i) by opening the shopping basket, or (ii) by using the command “Go to order.” In the virtual shopping basket (hereinafter the “Basket”) the Customer is entitled to make certain edits to their Order or, as applicable, may delete certain items in the Basket or add more items. Items can only be added in the Basket by returning from the Basket environment to the e-shop environment and by selecting the command “Move to basket” for the selected item. The Order summary in the Basket, however, expresses the subject of purchase and defines the Goods and the Price. If the Order meets the Customer’s requirements, the Customer selects the payment and delivery method. Postage, and eventually COD and Packaging, is calculated on the basis of the selected payment and delivery method.
- The Customer may pay the Price, Postage and eventually COD and Packaging, if charged, using one of the following methods:
- Payment by payment card using the 3D Secure system; the Customer is redirected to the payment gateway when the Order is completed;
- Payment using GOOGLE PAY, APPLE PAY or PAYPAL services, if the logos of these services are indicated in the Service; payments using these services are governed by the terms of conditions of the service operators.
- COD. If this payment method is selected, the Customer pays the Price and Postage and COD to the selected carrier upon acceptance of the Goods.
- Payment in advance by bank transfer. If the bank transfer option is selected, the Seller sends an advance invoice to the Buyer, a method based on which the Customer can pay the Price and Postage. In the event of payment using this method, the Price and Postage shall be deemed as paid at the time the Price and Postage are credited to the Seller's bank account, provided that the Customer’s payment is assigned the correct variable symbol indicated on the advance invoice; otherwise the Price and Postage shall not be paid and the Seller shall return the paid amount to the account from which it was sent (this shall not apply in the event of a special arrangement between the Seller and the Customer, concluded as a minimum by email).
- By Credit through the User Account. If the amount of Credits does not correspond to the Price, the Buyer is obliged to pay the difference in one of the options according to Article II paragraph 4 letter a) - d) of these GTC.
- When using a payment card option, the Customer is obligated to enter the required data in the individual fields displayed by the Service. The Seller accepts the payment cards indicated on the page at the time of payment by card.
- If using the COD option, the Customer is obligated to pay the Price, Postage, CDO and eventually Packaging to the Seller upon assuming the Goods, in the manner permitted by the selected carrier. The Customer is only entitled to pay the Price and Postage in cash in the event that the cash on delivery option, if permitted by the selected carrier, and if the price does not exceed equivalent of €10.000.
- After selecting the payment method, the Customer clicks on the "continue" button, which moves to the "delivery data" tab. The delivery data represents both the place of delivery and the invoicing place, if it is different from the place of delivery. He also fills in his contact telephone number possibly a note for the Seller in relation to his order. In order to place a binding order, the Customer must actively check that he has familiarized himself with these GTC. The box whether he wants to receive the newsletter or not is optional, depending on the Customer's preferences. Furthermore, on this tab, the Customer is informed about the facts according to § 1826a paragraph 1 of the Civil Code, i.e. he is informed about what he is ordering, at what price, with which transport, to which place, with which Postage, COD and possibly Packaging, i.e. this is the last summary of the Order, when it is still possible to cancel the Order without causing any consequences. If s/he agrees with the data in the Order and is interested in entering into the Contract, the Customer shall confirm the Order in the system by clicking a special banner marked “FINISH ORDER”. Once the Order has been confirmed, the Customer cannot remove any errors; however, s/he may request such errors be removed using the procedure under clause 8 below. The Customer may correct errors identified during the Order check prior to confirming it in the system at any time.
- If there is an error in the Order, the Customer is entitled to report the error without undue delay, using the contact email indicated on the Website, as once the Seller’s Order receipt confirmation has been delivered, the Order may only be changed subject to special arrangement with the Seller.
- The Customer is obligated to complete individual fields of the Order based on the pre-set parameter requirements. The Customer is notified of mandatory fields in the Order. The Customer is obligated to ensure that all the data entered in the Order are true and binding.
- The Customer is entitled to cancel his/her Order by email sent to the contact email address indicated on the Website before Goods are shipped.
- The Seller is entitled to cancel the Contract if the Order is found to contain inaccurate or incomplete data necessary required for fulfilling the needs of the Contract or if the Seller discovers that s/he is unable to perform the Contract due to an extraordinary, unforeseeable event in the warehouse system.
- Personal data required for due fulfilment of the Contract by the Seller shall be entered in the Order. If the Customer requires so, they may tick the “Enter company data” checkbox, allowing them to enter their Company Registration Number and VAT Registration Number in the Order. If the Customer wishes to have Goods delivered to an address other than the billing address, they tick the respective checkbox and the system will create a field for the delivery address.
- If the Customer wishes to offer Goods as a gift, they tick the respective checkbox and their Goods will be gift wrapped and delivered to the entered address. A personal message can also be added. In such a case the package will not contain any indication of price, only the delivery invoice. The invoice will be sent to the Customer’s email address, not to the recipient of the Goods.
- For an Order to be delivered, the Customer is to consent to these GTC and express his/her consent by ticking the respective checkbox and agreeing with the processing of personal data. If the Customer wishes to receive news from the Service, s/he is to tick the “I want to receive the newsletter” checkbox.
- The Price of the Goods will always be indicated inclusive of value added tax, regardless of when it is shown; this will not affect the arrangement under which only the Price shown in the Order summary is binding. The Price is to include value added tax at the rate applicable on the day on which the Order is made. If the value added tax rate changes between the day the Order is made and the day the Goods are shipped, the Customer is obligated to pay the difference, if any, in the same manner in which they pay the Price. If the value added tax is decreased, the Seller shall return the overcharge on the Price, if any, to the Customer within 5 working days of the day of delivery of the Customer’s notice for return of the overcharge.
- The tax document relating to the Price shall be delivered to the Customer by email and/or via the User Account.
- If the price of any item on the Website is marked as "Sale” or otherwise marked as a “discount”, that discounted or sale price shall only apply until stocks are sold out or the price is modified.
- In the basket the Customer has the option of entering an obtained discount code in the applicable field; this code will provide a discount on certain Goods or the Price of the Order.
CONCLUSION OF THE PURCHASE CONTRACT
- The purchase contract is to be concluded at the time the Seller confirms receipt of the Order.
- Based on the concluded Contract, the Seller is obligated to deliver Goods to the address indicated by the Customer in the Order, eventually to the place chosen for pick up with the transporter, according to choose of the Customer (hereinafter the “Delivery Location”). The Customer is obligated to accept Goods at the Delivery Location and to pay the Price and Postage unless they have already been paid in advance. If the Customer fails to accept the Goods at the Delivery Location, the Goods will be returned to the Seller by the carrier at the Customer’s expense. The Delivery Location will also refer to a place other than the Delivery Location, arranged specifically between the carrier and the Customer as the location for accepting the Goods upon their delivery. The delivery of Goods by the carrier will be governed by the conditions of the selected carrier.
- The Buyer acquires ownership of the Goods at the point (i) of accepting Goods and (ii) s/he pays the Price and Postage and eventually, COD and Packaging (provided such services has been chosen by the Customer).
- The Goods as indicated on the Website are illustrative only. The Seller reserves the right to correct/modify the specifications of any items presented on the Website, depending on the newly identified circumstances of such items.
- The delivery timeframe commences on the same day the Contract is entered into. The Seller undertakes to send Goods via the carrier selected by the Customer as quickly as possible, depending on the Seller’s operational possibilities.
- If the Customer opts to pay in advance to a bank account, the delivery term commences on the date on which the Price and Postage and eventually COD and Packaging are credited to the Seller’s bank account.
- The Seller informs the Customer, when choosing a suitable carrier, of the expected delivery date of the Goods. The term thus determined is indicative only. The Seller undertakes to deliver the Goods to the Buyer no later than 30 days from the date on which the deadline for performance began to run.
- While processing an Order, should the Seller discover that s/he is not able to adhere to the aforementioned delivery timeframe, s/he will notify the Customer of the expected delivery timeframe. The delivery timeframe commences upon approval of the new delivery timeframe by the Customer.
- If the Seller is in delay with the delivery of the Goods, the Customer may withdraw from the contract if the Seller does not fulfil its obligation even within the additional reasonable period provided by the Customer. The Customer may withdraw from the contract without an additional period only if the Seller has refused to fulfil or fulfilment within the specified time is necessary with regard to the circumstances of the conclusion of the contract, or the Customer has informed the Seller before the conclusion of the contract that delivery at a certain time is necessary.
OTHER RIGHTS AND OBLIGATIONS
- In addition to other obligations outlined in these GTC, the Customer undertakes to:
- Follow the instructions and advice available at www.lejaan.cz and these GTC when using the Seller’s services;
- Assume Goods from the Seller via the selected carrier in accordance with and under the conditions of the selected carrier;
- Provide to the Seller, without undue delay, any cooperation necessary for ensuring proper delivery. The term of the Contract will be extended by the period of time from the dispatch of the Seller’s request for cooperation to the Customer for the provision of such cooperation by the Customer.
- If the Customer fails to accept the Goods from the carrier, the Contract will be cancelled without notice as of the date of return of the Goods to the Seller by the carrier. The Customer is obligated to pay the Seller delivery costs and return of the Goods and the costs of the Order settlement. The provisions of these GTC concerning the rights and obligations of the Parties in connection with the cancellation of the Contract by withdrawal will apply mutatis mutandis.
- The LEJAAN sample book, which contains, depending on the selected variant, the materials and colours that the Seller uses for the production of other Goods is also considered as Goods. The LEJAAN sample book is available in different variants depending on the offer published on the website www.lejaan.cz. In relation to the purchase of a LEJAAN sampler, the provisions of these GTC on the purchase of other Goods apply similarly, but with the following modifications:
- After payment of the purchase price of the LEJAAN sampler, the Customer will receive a voucher with a code to his chosen email, on the basis of which he is entitled, during the next purchase of Goods, to deduct the purchase price of the purchased LEJAAN sampler from the purchase price of the Goods from the next purchase. By redeeming the voucher, the purchase price of the LEJAAN sampler is considered refunded.
- If the sampler is returned to LEJAAN within 14 days from the date of its purchase, the purchase price of the sampler will be refunded to the Customer, if it has not already been returned by redeeming the voucher in the next purchase. When returning the LEJAAN sampler, the Seller deactivates the voucher and it cannot be used further if it has not been used before.
- If the Customer uses the voucher, he is not obliged to return the purchased LEJAAN sample book; this does not exclude his right to return the LEJAAN sampler to the Seller.
- Voucher obtained by purchasing a LEJAAN sample book cannot be used together with any discount, discount code or other marketing campaign;
- The voucher obtained by purchasing a LEJAAN sampler can only be used for a period of 30 days from the date of receipt of the LEJAAN sampler.
- For the purposes of placing an Order and using the services provided by the Seller via the Website, the Customer is entitled to register in the Seller’s system operated on the Website and to create their User Account. They may also do so while placing an Order, by selecting the option of creating a User Account.
- For the purposes of successful registration (set-up of a User Account), the Customer is obligated to enter the following accurate data when registering:
- First name and surname;
- Electronic mail (email) address;
- Mobile phone number;
- Exact address and postcode;
- Password, to be confirmed during registration.
- After successful registration, a confirmation email is sent to the Customer with a special request to confirm profile activation. This involves verifying the entered electronic address and that it belongs to the person who activates the User Account. After clicking on the profile activation banner, the Customer will be asked to confirm that he agrees to the processing of personal data for the purposes of managing and managing the User Account. The processing of this data is necessary for the management of the User Account service, therefore the User Account cannot be established for a person who does not agree to the processing of his data.
- For the purposes of logging in to the User Account, the Customer will only enter their email address and password used for registration. The Service allows log in via personal verification of Facebook service user.
- The Customer is obligated to keep confidentiality on the information required for access into their User Account.
- The Customer is not entitled to enable third parties access to the User Account.
- The Seller may cancel the User Account, in particular in the event that the Customer does not use their User Account for longer than 1 year or if the Customer breaches their obligations arising from the Contract (including the GTC). The Customer is also entitled to cancel the User Account by sending an email message with a request for cancellation of the User Account to the contact email indicated on the Website.
- The Customer acknowledges that the User Account and the system may not be available all the time, especially because arising from the need for necessary maintenance of the Seller’s hardware and software or the necessary maintenance of third parties’ hardware and software.
- The system is fully compatible with the following updated software: Microsoft Edge, Mozilla Firefox, Safari, Chrome.
- The Customer agrees to retain information on the history of their Orders in the User Account environment. Orders will be retained by the Seller for 5 years. Based on a special request, the Customer’s Order can be sent to the Customer’s email.
PERSONAL DATA AND GDPR
- The principles of personal data protection are specified in a separate document entitled “Personal Data Processing Information”, available on Website.
- The Customer agrees to the processing of their personal data to the extent of first name and surname, address, Registration Number, VAT Registration Number, email address, phone number (hereinafter “Personal Data”).
- The Customer agrees to the processing of personal data by the Seller for the purposes of entering into and fulfilling the needs of the Contract as well as maintenance of the Customer’s User Account. Unless the Customer selects another option, they also agree to the processing of personal data by the Seller for the purposes of sending information and commercial messages to the Customer; this consent may be anytime recalled via form, which is attached to the data protection information available on Website.
- Consent to the processing of personal data to the whole scope under this Article will not constitute a condition which would alone prevent the Contract from being entered into.
- The Customer is obligated to indicate his/her personal data correctly and truly and to notify the Seller without undue delay of any change to their personal data.
- The Seller may authorize a third party as a processor to process the Customer’s personal data. Except for persons shipping Goods, the Seller will not disclose personal data to third parties without the Customer’s prior consent.
- The Customer confirms that the provided personal data are correct and that they have been instructed that the personal data are provided voluntarily.
- By ticking the “I want to receive the newsletter” checkbox, the Customer agrees to the sending of information relating to the Contractor’s services or business to the Customer’s email address as well as to the sending of the Contractor’s commercial messages to the Customer’s email address.
- The Customer agrees to the storage of data files - cookies - in their computer to improve the user experience of the web environment for the Customer. If a contract can be concluded in the system and the Contractor’s obligations arising from the contract are met without storing cookies in the Customer’s computer, the Customer may withdraw their consent under the previous clause at any time.
- Any message from the Contractor is delivered to the Customer’s email address indicated in the System, unless the Contractor uses communication via mobile phone.
RIGHTS ARISING FROM DEFECTS, COMPLAINTS
- The provisions of this article apply to the rights and obligations of the Seller and the Buyer who is a consumer. The rights arising from defective performance by the Seller for the Buyer, who is not a consumer, are regulated in paragraph 25 of this article of the GTC.
- The Seller does not provide any quality guarantee on Goods to the Buyer.
- The Seller guarantees to the Customer that the item has no defects upon receipt. In particular, the Seller is responsible to the Customer that the Goods:
- corresponds to the agreed description, type and quantity, as well as other agreed properties,
- is suitable for the purpose for which the Customer requires it and to which the Seller has agreed, and
- is delivered with agreed accessories and instructions for use.
- The Seller guarantees the Customer that, in addition to the agreed properties:
- the Goods are suitable for the purpose for which a thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
- The quantity, quality and other properties of the goods, including durability, functionality and safety, correspond to the usual properties of items of the same type that the Customer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular advertising or labeling,
- the Goods are delivered with accessories, including packaging and other instructions for use that the Customer can reasonably expect, and
- The goods correspond to the quality or execution of the model that the Seller provided to the Customer before the conclusion of the contract, if he provided such a model.
- The seller is not bound by the public declaration according to the previous paragraph letter b), if he proves that he was not aware of it or that it was modified at the time of the conclusion of the contract in at least a comparable manner as it was made, or that it could not have influenced the purchase decision.
- Paragraph 5 does not apply in the event that the Seller separately warned the Buyer before concluding the contract that some property of the item is different and the Buyer expressly agreed to this at the time of concluding the contract.
- If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the Customer cannot use the item, in the event that he has justly complained about the defect.
- Pursuant to § 2165, paragraph 1 of the Civil Code, the Buyer is entitled to complain about a defect that appears on the Goods within 2 years of their acceptance.
- The Seller's performance is considered proper even if the performance shows certain deviations in terms of dimensions or weight, if the deviation does not exceed 5%. The buyer does not have a right from defective performance if he himself caused the defect. The defect is not the wear and tear of the Goods caused by its usual use. The Seller will not be liable for defects to the Goods incurred by improper or unsuitable handling or use, improper storage, unsuitable keeping or defects caused by natural disasters, and for defects attributable to the Buyer or a third party. When handling Goods, the Buyer is obligated to proceed as per instructions attached to the Goods and, if none are attached to the Goods, as per the principles of due caution.
- If the Goods have a defect, the Customer may request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the importance of the defect, the value that the Goods would have without defects, and whether the defect can be removed in a second way without significant difficulties for the Customer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the Goods would have without the defect.
- The Seller will remove the defect within a reasonable time after it has been pointed out so that it does not cause significant difficulties for the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased the Goods. To remove the defect, the Seller will take over the Goods at its own expense in accordance with Article XI. paragraph 1.
- The customer may request a reasonable discount or withdraw from the contract if:
- The Seller refused to remove the defect or did not remove it in accordance with paragraph 10 above,
- the defect manifests itself repeatedly,
- the defect is a substantial breach of contract, or
- it is obvious from the Seller's statement or from the circumstances that the defect will not be removed in a reasonable time or without significant difficulties for the Customer.
- If defective performance is a material breach of contract, the buyer has the right
- to remove a defect by delivering a new item without a defect or by supplying a missing item,
- to remove the defect by repairing the item,
- for a reasonable discount from the Price, or
- withdraw from the contract.
The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable. If the Seller does not remove the defects within a reasonable period of time, or if he informs the Buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
- If the Buyer does not choose his right in time according to paragraph 13 of this article, he has the right to remove the defect, or to a reasonable discount from the purchase price. As long as the Buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the Seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the Buyer. If the Seller does not remove the item's defect in time or refuses to remove the item's defect, the Buyer may request a discount from the Price, or may withdraw from the contract. The choice made cannot be changed by the Buyer without the consent of the Seller.
- The reasonable discount is determined as the difference between the value of the Goods without defect and the defective Goods received by the Customer.
- The customer cannot withdraw from the contract if the item's defect is insignificant.
- If the Buyer inflicts damage in connection with the Seller’s liability for defects to the Goods, the replacement of such damage, including lost profit, shall be limited by the price of Goods indicated in the Order. The Seller’s liability for defects to Goods and for the Buyer’s damage are to be excluded if any defects to the Goods are incurred by force majeure or improper conduct of the Buyer or a person other than the Seller.
- The Buyer is entitled to claim a complaint about defects to the Goods, i.e. to exercise his/her rights arising from the Seller’s liability for defects to Goods, in accordance with these GTC and the Civil Code. The Buyer exercises his right to claim on the contact details for Orders, returns and claims listed in Article I, paragraph 1 of these GTC.
- If the Goods are delivered by the carrier in a damaged package or if the Buyer is in doubt while accepting Goods on whether the goods show signs of damage, the Buyer will draw up a written record of complaint about the Goods with the carrier on-site. In that case, the Buyer is entitled to refuse the damaged shipment. By signing the shipment document, the Buyer agrees with acceptance of the Goods and confirms that s/he has accepted the Goods without any visible damage or defect.
- The Buyer is to exercise his/her rights under liability for damage to the Goods (lodge a complaint) by completing the Complaints Form, delivered together with the Goods, and by delivering it to the Seller together with the Goods. A complaint about the Goods can be raised any time the Seller’s liability for defects to the Goods is exercised. If the Buyer lodges a complaint about the Goods, s/he is obligated to indicate the reasons for the complaint in the “Reason for complaint” box by specifying and describing the defect and its manifestations (to ensure that the defect under complaint cannot be mistaken for another defect); otherwise it will not be considered a complaint.
- Following the complaint, the Seller is to send to the Buyer a complaint receipt confirmation by email, indicating the time the Buyer exercised his/her right, the content of the exercised right and the method of settlement required by the Buyer.
- If, during the process of settling the complaint, the Seller discovers that the complaint is not justified, the Buyer is obligated to bear the costs of shipment of Goods associated with the complaint, at a lump-sum rate of CZK 199, unless Goods are delivered at the Buyer’s expense.
- If the Seller settles the complaint in conflict with these GTC or the Civil Code, the Buyer is entitled to submit a proposal of an out-of-court settlement to the Seller.
- The Seller undertakes to handle the complaint and inform the Buyer about the handling within 30 days of its delivery to the Seller. In the event that the deadline according to the previous sentence has passed in vain, the Customer is entitled to withdraw from the contract or demand a reasonable discount. The choice between a reasonable discount and withdrawal from the contract belongs to the Buyer, while he is obliged to inform the Seller which of the options he has chosen. Based on the agreement of the contracting parties, it is possible to satisfy the Buyer by providing him with an exchange of Goods. The Buyer is informed about the handling of the complaint via his contact email.
- If the Buyer is not a consumer, the provisions of paragraphs 2, 3, 9, 18, 20 of this article shall apply similarly. A buyer who is not a consumer, in the case of a proper and justified complaint, cannot demand the delivery of new Goods if he cannot return the Goods in the condition in which he received them; this does not apply if there was a change in condition as a result of an inspection to detect a defect in the item, or if the Buyer used the item before the defect was discovered, or if the Buyer did not make it impossible to return the item in an unchanged condition by action or omission, or if he sold the item before it was discovered defects. The Buyer is informed about the handling of the complaint via his contact email.
- The consumer is entitled to withdraw from the Contract (i.e. to return the Goods) within 14 days of accepting Goods. The Buyer is not able to exercise this right if s/he is not the consumer. The Buyer – consumer is also entitled to withdraw from the Contract in other cases specified by the law. The Buyer exercises withdrawal by completing the Returns Form received together with the Goods. The Buyer - consumer delivers this completed form, together with the Goods with respect to which they withdraw from the Contract, through the “ZÁSILKOVNA” service, operated by Zásilkovna s.r.o. For this purpose, the Buyer packages the Goods properly, together with the Returns Form, and submits these to any ZÁSILKOVNA point using the unique code assigned by the Seller; the Seller is to bear the costs of returning the Goods in this manner. The costs of returning Goods in any other way and in any other case than as specified in this paragraph are to be borne by the Buyer. Present provision shall apply also in case of Goods guarantee claim.
- If the Buyer is not a consumer, the provisions of the previous paragraph apply mutatis mutandis to the technical performance of the withdrawal from the Contract; in the case of returning Goods whereby there is no legal reason to withdraw from the Contract, the Buyer, who is not a consumer, is obliged to pay to the Seller the shipment costs at a lump-sum rate of CZK 199.
- The provision of paragraph 1 of this article does not apply in the case of a gift voucher, which can only be returned until the moment of its activation, i.e. until the moment when the gift voucher code is entered in the User Account in the "my Credits" section and the value of the gift voucher is credited to Credits of the Buyer.
- The Buyer is obligated to indicate the reason of withdrawal from the Contract, unless the Buyer is a consumer and withdraws within the statutory term of 14 days; in that case the reason for withdrawal need not be indicated. For the purposes of these GTC, withdrawal made without an existing statutory or contractual reason will not be deemed as withdrawal and will not result in the effects intended by the withdrawal.
- Goods are never to be returned using the cash in delivery method; in such case Goods will not be accepted by the Seller and this will not constitute the Seller’s default in acceptance of the Goods.
- If the Buyer withdraws from the Contract in whole or in part and returns the Goods, in relation to which the Contract has been cancelled by the Buyer’s withdrawal, in the condition required by these GTC or by the law, the Seller is to return the Price of such Goods to the Buyer within two weeks of the date of delivery of the notice of withdrawal and the Goods to which the withdrawal applies. In the case of withdrawal by the Buyer – consumer due to an existing statutory or contractual reason, the Seller will return to the Buyer - consumer the Price, including the costs of delivery of the Goods, in the same manner in which s/he accepted them from the Buyer - consumer, without undue delay, no later than within fourteen (14) days of the date of delivery of receiving notice of withdrawal from the Contract. However, the Seller is not obligated to return the purchase price of the Goods, including the costs of delivery of the Goods, to the Buyer - consumer before the Buyer - consumer hands over the returned Goods. For avoidance of any doubts, the Buyer agrees that in the event of using Credits for the purchase of Goods, the Price will be returned to him again in the form of crediting the corresponding Credits to his User Account.
- If the Buyer withdraws from the Contract, s/he shall provide to the Seller everything obtained on the basis of the Contract. If this is not possible (e.g. the Goods were partly unpacked, soiled or the package impaired in any way in the meantime), the Seller is entitled to calculate the damage as per the valid price list. In such case, the Seller shall only return the proportionally reduced Price to the Buyer. The Seller may set off his/her actual costs associated with the return of the Goods against the Price to be returned to the Buyer. If the value of the Goods is lowered, the Seller is entitled to charge associated costs. Despite the above, the Seller is entitled to unilaterally decide that, in a specific case, he will return the Price paid to the Buyer, but only in the form of Credits, on the condition that the Buyer - consumer agrees to the return of the Price in the form of Credits. If the Buyer does not agree to return the Price in the form of Credits, the Seller's decision to return the Price is considered as if it had never been made.
- The Seller is entitled to withdraw from the Contract should the Buyer not accept Goods within 7 days of the reported date of delivery or within 7 days of its storage at the carrier. This provision will not affect the Seller’s right to a self-supported sale under Section 2126 of the Civil Code.
- The Seller is entitled to withdraw from the purchase contract in the event that the Goods are not delivered by the supplier; the Seller is to notify the Buyer accordingly without any delay in writing.
- The Contract is only to be concluded in Czech and English language.
- The Seller will not be bound by any code of conduct with respect to the Customer.
- Out-of-court handling of consumer complaints is provided by the Seller via the electronic address email@example.com. Information on handling the Customer's complaint will be sent by the Seller to the Customer in accordance with these GTC. In the event that a consumer dispute arising from the contract arises between the Seller and the Customer, which cannot be resolved by mutual agreement, the Customer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is:
Czech Trade Inspection (Česká obchodní inspekce)
Central Inspectorate – section ADR
110 00 Prague 1
whereas further details are available here: https://www.coi.cz/en/information-about-adr/.
The Customer shall use also platform for dispute settlement online, which is established by European Commission on following address: http://ec.europa.eu/consumers/odr/.
- The Seller is entitled to provide services on the basis of a trade licence. Trade licence inspections are the responsibility of the local Trade Licensing Office. The Office for Personal Data Protection supervises personal data protection. The Czech Trade Inspection Authority performs, among others, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to the defined scope.
- If the Contract is entered into internationally, the Parties agree that their rights and obligations are governed by the laws of the Czech Republic, excluding conflict-of-law rules. This shall be without prejudice to the consumer rights arising from generally binding legislation.
- If any provision of the terms and conditions is or becomes invalid or ineffective, such an invalid or ineffective provision shall be replaced by a provision, the purpose of which approximates the purpose of the invalid or ineffective provision as closely as possible. The invalidity or ineffectiveness of a provision shall not affect the validity or effectiveness of other provisions. Changes to the Contract or the terms and conditions are to be made in writing.
- The Contract, including the terms and conditions, is to be kept by the Seller in electronic form and shall not be made accessible.
- The terms and conditions include a sample contract withdrawal form, available at www.lejaan.cz. The Customer may use the sample form but in that case the Customer is obligated to arrange shipment of the Goods to the Seller. For this purpose, the Seller recommends using the special environment of the User Account or the link sent by the Seller to the Customer along with the Order confirmation as if the option of withdrawal using this User Account environment or the received link is used, the withdrawal is settled along with the services described in these GTC above.
- The Seller’s contact details are listed also on Website www.lejaan.cz.
In Prague, on 04 February 2023