Lenka Blažková, ID: 03682781, registered office: Žinkovská 4, Prague 10, 10000, Czech Republic, tel: +420728363964, e-mail: info@lenkablaza.cz. The entrepreneur is registered in the Trade Register of the Office of the Municipal District of Prague 10. Not a VAT payer.
I. Definition of terms
- For the purposes of these Terms and Conditions of Business and Complaints, “shop” means the online shop at the Internet address www.lenkablaza.cz
- “Seller” means the operator of the LENKA BLAZA shop, which is Lenka Blažková, ID: 03682781, registered office at Žinkovská 4, Prague 10, 10000, Czech Republic, tel: +420728363964, e-mail: info@lenkablaza.cz. The entrepreneur is registered in the Trade Register of the Municipal Office of Prague 10. Not a VAT payer.
- “Goods” means items and products offered by the Seller for sale in the Shop.
- “Customer” means a user of the Shop who is interested in purchasing specific Goods.
- “Consumer” means any person who concludes a transaction with the Seller through the Shop outside the scope of his business activity or outside the scope of his independent exercise of his profession. Such Consumer is subject to the terms and conditions expressly so stated.
- “Order” means a completed order form for specific Goods within the Shop’s electronic ordering system.
- The abbreviation “CC” means Act No. 89/2012 Coll., Civil Code, as amended.
II. Purchase of goods
- The Customer is entitled to order, through the Shop and its electronic ordering system, the specific Goods he/she is interested in purchasing. By filling in the registration form of the Shop, registering in the Shop, filling in any order form within the Shop and sending any Order within the Shop, the Customer always simultaneously agrees to these Terms and Conditions of Sale and Complaints for the purchase of Goods in the Shop and also to the processing of his/her personal data specified in the Order (see Article XII – Protection of Personal Data).
- The mere publication and offering of Goods by the Seller in the Shop is not yet a proposal to conclude a purchase contract for the Goods in question by the Seller, but only an informative publication of the Seller’s supply possibilities. Therefore, §1732 (2) CC does not apply to the presentation of the Goods via the Shop and also to the presentation of the possibility of ordering and purchasing them, and such presentation of the Goods in the Shop is not a legally effective proposal of the Seller to conclude a contract for such Goods.
- A proposal for the conclusion of a purchase contract by the Customer through the Shop for a specific Goods is always considered to be only the delivery of the Customer’s Order for the purchase of the Goods to the Seller.
- By submitting an Order, the Customer shall at the same time agree to these Terms and Conditions and shall bindly order the Goods specified in the Order.
- The Seller shall confirm the delivery of the Order to the Customer without undue delay. Confirmation of delivery of the Order by the Seller shall not be deemed to be acceptance of the proposal to conclude the Purchase Contract.
- Only the moment when the Seller notifies the Customer of the acceptance of his Order shall be deemed to be the acceptance of the proposal for the conclusion of a purchase contract by the Seller with the Customer in respect of the specific Goods specified in the Order and only at the moment of such notification shall a purchase contract be concluded between the Customer and the Seller in respect of the specific Goods ordered.
- The content of any purchase contract pursuant to paragraph 6 is then always determined by the content of the accepted proposal (order) of the Customer, i.e. both the subject of purchase, as well as its price, method of delivery and other conditions agreed within the framework of such accepted proposal, while the other contractual elements of such purchase contract are defined by these Terms and Conditions.
- If the Customer has selected delivery of the Goods within the Order by sending them to the address specified by the Customer, the Seller shall send the Goods to such address once the Goods are ready for dispatch at the Seller.
III. Order Execution
- In order to make a proper Order, the Customer is obliged to fill in all mandatory data in the electronic ordering system of the Shop.
- An Order delivered by the Customer shall be deemed not to have been accepted and rejected by the Seller, in particular if the Seller informs the Customer that (i) the Order is not accepted or rejected, (ii) the ordered Goods cannot be delivered, or if the Seller does not confirm the Customer’s acceptance of the Order according to Article II, point 6 within 20 working days of its dispatch by the Customer.
- If the ordered Goods can be delivered, but in the meantime the conditions of delivery of the Goods have changed (the Goods can be delivered in a different price, quality or design), the Seller is entitled to notify the Customer of this fact with a request to express whether the Customer is interested in the Goods under such changed conditions and at the same time providing a deadline for such expression.
- If the Customer expresses to the Seller in accordance with paragraph 3 within the time limit specified by the Seller that it is interested in the Goods even under the changed conditions, such notification shall be deemed to be a new Order and shall be treated as a new Order.
- If the Customer does not express, in accordance with paragraph 3, within the period specified by the Seller, that it is interested in the Goods even under the changed conditions, the expiry of such period shall be deemed to be a cancellation of the Order by the Customer.
- An Order placed by the Customer shall be binding on the Customer.
IV. Customer Information
- With regard to the Seller’s obligation under the CC, the Seller provides the Customer with the information necessary for the conclusion of the contract and for the Customer to be properly informed about the execution of a specific transaction.
- The identification details of the Seller are set out in Article I, paragraph 2 of these Terms and Conditions.
- The name, main characteristics of the Goods and their price are always indicated in the specification of the Goods in the relevant section of the Shop, and by placing an Order for such Goods, the Customer indicates that he/she has already familiarised himself/herself with the description of the Goods and their price in advance.
- The price of the Goods within the Shop is always quoted exclusive of taxes and other charges, unless otherwise stated.
- The Customer is obliged to pay the purchase price with the tax applicable to the Goods or contract.
- Within the Order and prior to its dispatch, the Customer will always be shown and quoted the price after adding the relevant taxes (VAT) and after adding other fees and costs (e.g. the fee for environmental disposal according to Act No. 185/2001 Coll., on waste, as amended, and the costs for delivery and transport).
- The Seller shall not charge the Customers any costs arising from the use of remote means of communication, and such costs shall therefore be borne by the Customer.
- By completing and submitting an Order within the Shop’s electronic ordering system, the Customer agrees, for an indefinite period of time, that the Seller may send the Customer advertising communications from the Seller to the Customer’s address of residence or registered office, and that the Seller may send commercial communications to the Customer’s completed email address. The Customer is entitled to withdraw this consent at any time.
- The offer of Goods of the Shop is always valid for the period specified for each specific Goods within the specification of the Goods in the relevant section of the Shop, and if the period of validity of the offer is not specified, the offer of Goods is deemed to be valid until revoked or until stocks are exhausted.
- Each concluded purchase contract within the trade is furthermore archived by the Seller within its business and accounting records and can be subsequently made available to the Customer upon request after payment of handling costs for such access.
- The steps leading to the conclusion of a purchase contract within the Shop are generally described in these Terms and Conditions.
- The Purchase Contract is concluded in the Czech language.
- In the course of ordering any Goods, the Customer is entitled to change the contents of the Order or correct errors made in the Order until the final dispatch of the Order.
- At the Consumer’s request, the Seller shall be obliged to issue a document of purchase of the Product or provision of the service, indicating the date of sale of the Product or provision of the service, what Product or service it is and at what price the Product was sold or the service was provided, together with the identification data of the Seller containing the name and surname or the name or business name or the name of the Seller, its personal identification number, unless a special legal regulation provides otherwise. In the case of the sale of used or modified products, defective products or products whose utility is otherwise limited, these facts must be clearly indicated in the said document.
V. Delivery of goods
- The method of delivery of the Goods is always chosen by the customer when filling in the Order, where the price and form of delivery are specified.
- If the Customer does not collect the Goods sent by cash on delivery within the period of their deposit at the post office in the case of delivery by Czech Post, a.s. or if the Customer does not take delivery of the Goods from the shipper in the case of delivery of the Goods by another carrier, and the Goods are returned to the Seller, the Seller shall store the Goods in its warehouse until the Customer collects them or until the Seller exercises its right to withdraw from the contract pursuant to paragraph 4.
- The Customer is obliged to pay the Seller a storage fee of 100,-CZK for each week of storage according to paragraph 2.
- If the Goods are returned to the Seller pursuant to paragraph 2, the Seller is also entitled to withdraw from the Purchase Contract, where such withdrawal does not affect the Seller’s claim for the costs incurred in the shipment of the Goods or the claim for storage fees incurred to date pursuant to paragraph 3.
- If no time of performance is agreed, the Seller shall hand over the Goods to the Consumer without undue delay after the conclusion of the contract, but within thirty days at the latest.
- If the Seller is to ship the Goods to the Consumer, the Goods shall be handed over to the Consumer at the time when the carrier delivers them to the Consumer or a person designated by the Consumer. However, if the carrier has been designated by the Consumer without having been offered by the Seller, the Goods shall be handed over to the Consumer at the moment when the Seller hands them over to the carrier; the Consumer’s rights against the carrier shall not be affected.
- If the Consumer does not take possession of the Goods at the time specified in paragraph 5, the Seller shall be entitled to the storage fee pursuant to paragraph 3
- If the Seller is in default in delivering the Goods, the Consumer may withdraw from the contract if the Seller fails to fulfil its obligation even within an additional reasonable period of time granted by the Consumer. The Consumer may only withdraw from the contract without an additional period of time if the Seller has refused to perform or if performance at the specified time is necessary in view of the circumstances at the conclusion of the contract or if the Consumer has informed the Seller before the conclusion of the contract that delivery at a certain time is necessary.
- Upon withdrawal from the contract implemented pursuant to paragraph 8, the Seller shall without undue delay return to the Consumer all monetary payments made by the Consumer under the contract.
VI. Payment terms
- Payment terms are always selected by the Customer when filling in the Order, where the price and form of payment are specified.
VII. Withdrawal from the contract and return of goods
(the provisions of this article apply only to the Consumer)
- The Consumer shall have the right to withdraw from the contract concluded through the Shop without giving any reason and without any penalty within 14 days from the date on which the Consumer or a third party designated by the Consumer (other than the carrier) takes delivery of the Goods.
- For the purpose of exercising the right of withdrawal, the Consumer must inform the Seller of his withdrawal from the Purchase Contract at his address specified in Article I, paragraph 2 by unilateral legal action (e.g. by letter sent via postal service provider, fax or email). Consumer may use the model withdrawal form set out in Article XIV below, but is not obliged to do so.
- In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
- The Consumer shall return the goods received by the Consumer in respect of which the Consumer has withdrawn from the contract pursuant to paragraph 1 without undue delay, but no later than 14 days from the date of withdrawal, to the address of the Seller before the expiry of the 14 days.
- If the Consumer withdraws from this Contract, the Seller shall refund to the Consumer without undue delay, but no later than 14 days from the date of receipt of the returned Goods or after the Consumer proves that he has sent back the Goods, whichever is earlier, all payments received by the Seller from the Consumer, including delivery costs (except for additional costs incurred as a result of the Consumer’s chosen method of delivery, which is different from the cheapest standard delivery method offered by the Seller). For refunds, the Seller shall use the same means of payment that the Consumer used to make the initial transaction, unless the Consumer has expressly specified otherwise. In any case, this will not incur additional costs for the Consumer.
- The Consumer acknowledges that in the event of withdrawal under paragraph 1, the Consumer shall only be liable for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to familiarise him/her with the nature and characteristics of the Goods, including their functionality.
- However, the Consumer acknowledges that in the event of withdrawal from the contract pursuant to paragraph 1, he/she shall bear the costs associated with the return of the Goods and, in the case of a contract concluded by means of distance communication, the costs associated with the return of the Goods if, due to their nature, they cannot be returned by the usual postal method.
- The Consumer shall not have the right to withdraw under this Article, inter alia, from a contract for the supply of Goods made to the Consumer’s requirements or adapted to the Consumer’s personal needs, or for the supply of Goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the Consumer has broken them.
- The provisions of Article VII shall not apply to a Customer who is not a Consumer.
VIII. Claims for goods
- The Consumer is entitled to complain about a defect that has become apparent in the Goods within two years of receipt of the Goods. The preceding sentence does not apply and does not apply to a Customer who is not a Consumer, whereby such Customer is entitled to claim the Goods in accordance with the relevant legislation.
- The Customer shall not be entitled to the right of defective performance if the Customer caused the defect. A defect is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.
- In particular, defects which:
- a. are claimed after the expiry of the period referred to in paragraph 1,
- b. are caused by unauthorised or unprofessional interference with the Goods,
- When exercising rights from defects, the Customer is obliged to translate the claimed Goods and a copy of the purchase document (invoice).
- In the case of purchase of Goods by personal collection at the Seller, the Customer will receive the invoice together with the purchased Goods.
- The time limits for exercising the right to claim defects begin to run from the receipt of the Goods by the Customer.
- In the case of delivery of Goods by cash on delivery, the Customer is always obliged to inspect the shipment upon receipt and to claim such damage and loss from the delivery service and the Seller in the event of obvious and noticeable damage to the surface of the shipment packaging or obvious and noticeable partial loss of the shipment. Further handling of the damaged parcel must only be carried out in accordance with the instructions of the Seller.
- If the damage or partial loss of the contents of the consignment is not evident when it is handed over and accepted by the recipient, the Customer is obliged to notify the Seller of the damage without undue delay after it has been discovered, but no later than within 2 working days from the date of delivery of the consignment.
- Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept the Consumer’s claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or even at its registered office. An employee in charge of handling consumer complaints must be present in the establishment during all operating hours.
- The Seller is obliged to issue a written confirmation to the Consumer when the claim is made, stating the date on which the Consumer made the claim, what is the content of the claim, the method of handling the claim requested by the Consumer and the contact details of the Consumer for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.
- The consumer’s complaint, including the removal of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the Seller and the Consumer agree on a longer period. If the subject of the commitment is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the consumer complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Consumer requested it.
- Upon the expiry of the time limit referred to in paragraph 11, the Consumer may withdraw from the contract or request a reasonable discount.
- The Vendor shall issue the Consumer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair, and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
IX. Claims for defects
- The Consumer has rights from defective performance according to §2165 et seq. of the CC, while the Seller is also responsible for the quality of the Goods upon acceptance according to §2161 of the CC. However, the preceding sentence does not apply to a Customer who is not a Consumer, whereby such Customer is entitled to claim the Goods according to the relevant legislation.
- The Customer is entitled to exercise his rights from defective performance primarily according to §2169 of the Civil Code. However, the preceding sentence does not apply to a Customer who is not a Consumer, and such Customer is entitled to claim the Goods according to the relevant legislation.
X. Assessment of the claim
- In the complaint the Customer is obliged to provide a detailed description of the defect of the Goods.
- The Customer shall pay for the transport of the claimed Goods.
- Complained Goods cannot be sent to the Seller by cash on delivery, such complaint will not be taken into account by the Seller.
- Upon receipt of the claimed Goods together with a copy of the invoice, the Seller shall assess the claimed Goods with regard to the defects alleged by the Customer.
XI. Return of goods
(Article XI. does not apply to the return of Goods under Article VII.)
- In cases to which the provisions of Article VII do not apply, the Customer is obliged to return the Goods to the Seller if the purchase contract between the Seller and the Customer for the specific Goods is terminated, in particular in the event of an effective withdrawal of a party from the purchase contract.
- If, for any reason other than pursuant to Article VII, the Customer becomes obliged to return the Goods to the Seller, the Customer shall return the Goods to the Seller within 20 days of such obligation.
- In the event that the Customer has received the Goods from the Seller by personal collection, the Customer shall return and hand over the Goods to the Seller within the time limit pursuant to paragraph 2 at the Seller’s point of sale where the Goods were previously received.
- If the Customer has received the Goods from the Seller by cash on delivery, the Customer is obliged to return the Goods to the Seller by sending the Goods to the Seller’s address from which the Goods were sent to the Seller within the time limit referred to in paragraph 2, or by handing them over to the Seller at that address within the time limit.
- The Customer is obliged to hand over the Goods to the Seller undamaged, clean and with all parts and accessories that were part of the purchase.
- In the event of a breach of the obligation under paragraph 5, the Seller shall be entitled to charge the Customer:
- a. the amount corresponding to the reduction in value of the Goods resulting from the Customer’s handling of the Goods,
- b. the direct costs of repair of the Goods in the actual amount of such costs,
- c. the direct costs of cleaning the Goods,
- d. the cost of missing parts or accessories.
- The Customer shall pay the amounts billed under paragraph 6 within 5 days of notification of such bill to the Customer.
- If the Customer is in default in returning the Goods, the Seller shall be entitled to charge the Customer a contractual penalty of 0.1% of the purchase price of the Goods (including VAT) to be returned, which was invoiced to the Customer at the time of purchase of the Goods, for each and every day of such delay. The Seller’s right to full compensation shall not be affected by the payment of the contractual penalty. The Customer is obliged to pay the invoiced contractual penalty within 5 days of notification of the invoice.
- The Seller shall only refund to the Customer the purchase price of the Goods previously paid by the Customer (after set-off of any liquidated damages and amounts under paragraph 6) after the Goods in respect of which the Customer has so withdrawn from the Contract have been returned to the Seller by the Customer.
- The provisions of this Article XI shall not apply in cases where the Contract is terminated by the Consumer’s withdrawal pursuant to Article VII.
XII. Privacy Policy
- In the event that the Customer is asked to provide personal data in the context of the Shop, in particular when filling in and sending an Order via the Shop’s electronic ordering system, the Customer acknowledges that he/she is not obliged to provide such data and that the provision of such data is therefore entirely voluntary.
- However, in the event of the Customer’s failure to provide the requested personal data, the Seller is not obliged to accept the Order, and with respect to the Shop’s electronic ordering system, the continuation of an incompletely filled Order may be automatically stopped or terminated.
- If the Customer voluntarily chooses to provide his/her personal data to the Seller, the Customer acknowledges that he/she voluntarily provides his/her personal data to the extent specified in the specific form or Order to the Seller.
- The handling of personal data by the Seller is governed by the rules located on the Privacy Policy page , which the Customer has duly familiarized himself with before agreeing to these Terms and Conditions.
XIII. Final Provisions
- Filling in the registration form of the Shop, registering in the Shop, filling in any order form within the Shop and sending any Order within the Shop or establishing any other similar electronic remote communication with the Seller via the Shop, shall always be considered as confirmation of acceptance of these Terms and Conditions.
- The concluded Purchase Contract as well as all relations arising between the Customer and the Seller when ordering or selling Goods through the Shop shall be governed by Czech law to the exclusion of conflict of laws rules of Czech law.
- If in these Terms and Conditions of Sale and Claims the term Customer is used and it is not expressly stated that a particular provision applies only to the Consumer, such provision shall always apply in full to the Customer who is not a Consumer.
- If in connection with the purchase of the Goods through the Shop a dispute arises between the Seller and the Consumer, the Consumer has the right to an out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, if the performance takes place in the Czech Republic; in other cases only if the performance is related to business activities carried out in the Czech Republic. The Consumer’s right to out-of-court settlement of a consumer dispute does not apply to contracts concluded:
- a) in the field of health services provided to patients by health professionals for the purpose of providing health care, including the prescription, dispensing and provision of medicinal products and medical devices,
- (b) in the field of services of general interest of a non-economic nature,
- (c) with public providers of further or higher education.
- The Consumer is entitled to submit a request for out-of-court dispute resolution under the Act to the Czech Trade Inspection Authority (website: www.coi.cz).The Customer confirms and declares that the consent to these Terms and Conditions, made in particular in the manner referred to in paragraph 1, shall be deemed to be consent in writing (or equivalent to consent in writing) between the parties and all provisions of the Terms and Conditions shall be deemed to have been agreed in writing (or equivalent to agreement in writing). Therefore, where the law expressly requires such arrangements to be in writing, it shall be deemed to have been duly complied with and executed between the parties by the agreement of the terms and conditions in electronic form.
- The Customer further expressly declares and confirms that, sufficiently in advance of placing an Order for Goods and also prior to the conclusion of the contract for the Goods, the Customer has been provided by the Seller with all the information contained in these Terms and Conditions of Sale and Complaints, has made himself fully acquainted with the same in advance, and that the contract for the Goods shall be concluded by him after he has been informed sufficiently in advance of its conclusion of all the provisions, information, representations and warnings set out in these Terms and Conditions of Sale and Complaints, and considers them to be clear and understandable.
- The Customer declares that he/she is fully aware of the terms and conditions of these terms and conditions and has no objection to their wording and content.
In Prague, 1 January 2023
Lenka Blaza art – lenkablaza.cz
Lenka Blažková
XIV. Sample form for withdrawal from the contract
(only for the purpose of withdrawal by the Consumer according to Article VII)
Notice of withdrawal
Addressee:
Lenka Blažková
Žinkovská 4
100 00 Praha 10
I hereby give notice that I withdraw from the contract for the purchase of goods:
………………………………………………………………………………….
Date of receipt of goods: ………………………………..
Consumer’s name and surname: ………………………………..
Consumer’s address: ………………………………..
Consumer’s signature: ………………………………..
Date: ………………………………..