Seller's Contact Details:
|Company name: LIPENSKO s.r.o.|
|Registered office:||Lipno nad Vltavou 307, 382 78 Lipno nad Vltavou|
|Company ID No.:||281 36 420|
|Tax ID No.:||CZ28136420|
|Registered: in the Commercial Register kept at the Regional Court in České Budějovice, Section C, File 19521|
|Mobile No.:||+420 731 410 800|
hereinafter referred to in these Business Conditions as the „Seller“
I. Introductory Provisions
1) Pursuant to the provisions of Section 1751, para. 1 of Act No. 89/2012 Coll., the Civil Code, (hereinafter referred to as the "Civil Code"), these Business Conditions of the Seller (hereinafter referred to as the "Business Conditions") regulate the mutual rights and obligations of Parties, created in connection with a purchase agreement (hereinafter referred to as a "Purchase Agreement") entered into between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") via the Seller's internet shop (hereinafter referred to as the "Internet Shop"), which the Seller operates at the internet address http:// www.lipno.info (hereinafter referred to as the "Website") via a web interface (hereinafter referred to as the "Shop Web Interface").
2) The Business Conditions further regulate the rights and obligations of parties when using the Seller's Website and other connected legal relationships.
3) Goods shall be understood to mean movable items which the Seller offers for purchase in its Internet Shop. All presentations of goods placed on the Shop Web Interface are informative in nature and the Seller is not obliged to enter into a Purchase Agreement regarding such goods. The provisions of Section 1732, para. 2 of the Civil Code shall not apply.
3) The provisions of the Business Conditions form an integral part of a Purchase Agreement. Purchase Agreements and the Business Conditions are drawn up in Czech. Provisions diverging from the Business Conditions may be negotiated in a Purchase Agreement. Divergent provisions in a Purchase Contract take precedence over the provisions of the Business Conditions.
4) The Seller may modify or amend the wording of the Business Conditions. This provision shall not affect the rights and obligations arising during the effective period of the preceding wording of the Business Conditions.
5) The Business Conditions shall not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his/her business activities when making an order.
II. Purchase Orders and Entering into a Purchase Agreement
1) The Shop Web Interface contains a list of goods offered for sale by the Seller, including the purchase prices of the individual offered goods. The listed purchase prices of offered goods include value-added tax and all related charges. The offer of sale of goods and their purchase prices shall remain valid for as long as they are displayed on the Shop Web Interface. This provision does not limit the Seller's option of entering into a Purchase Agreement under individually agreed conditions.
2) The Shop Web Interface also contains information on costs connected with the packaging and delivery of goods (hereinafter referred to as "Packaging and Delivery Costs"). Information on Packaging and Delivery Costs specified on the Shop Web Interface only apply in cases where goods are delivered within the Czech Republic.
3) To order goods, the Buyer must fill in a purchase order form located on the Shop Web Interface. A purchase order form contains, in particular, information concerning: the Buyer (see Article IV, para. 1 of the Business Conditions), the ordered goods (the Buyer adds the goods to an electronic shopping cart on the Shop Web Interface), the purchase price, the means of payment of the purchase price, the requested means of delivering the ordered goods (via Česká pošta s.p. (Czech Post) - registered package or collection of the goods in person from the Lipno nad Vltavou Information Centre, Building No. 87) and the Packaging and Delivery Costs (hereinafter collectively referred to as a "Purchase Order"). The Buyer is obliged to provide all information in a purchase order form accurately and truthfully. The information provided by the Buyer while ordering goods shall be considered correct by the Seller. Prior to sending a Purchase Order to the Seller, the Buyer shall be able to check and alter the information specified in the Purchase Order, giving the Buyer the opportunity to find and correct any errors made when entering data into the Purchase Order form. To send a Purchase Order to the Seller, the Buyer must click on "Send Order". The Seller shall immediately send the Buyer confirmation of receipt of a Purchase Order to the e-mail address provided by the Buyer in the Purchase Order (hereinafter referred to as the "Buyer's E-mail Address").
2) A Purchase Order from the Buyer is also a proposal for a Purchase Agreement, and the actual Purchase Agreement is entered into at the moment confirmation of receipt (acceptance) of the Purchase Order, which the Seller sends to the Buyer's E-mail Address, is delivered. Once a Purchase Agreement is entered into between the Seller and the Buyer, the parties become subject to mutual rights and obligations.
3) By submitting a Purchase Order, the Buyer declares that he/she has read these Business Conditions and agrees to them.
4) Depending on the nature of a Purchase Order (quantity of goods, purchase price, estimated delivery costs), the Seller is always entitled to request that the Buyer provide additional confirmation of the Purchase Order (e.g. in writing or by telephone). The Seller reserves the right to refuse or modify a Purchase Order, or not to enter into a Purchase Agreement or a part thereof in the case that a) it is not able to procure the requested goods in the required quantity (i.e. the goods are not available in the requested quantity), b) it has doubts about the credibility of the Buyer or information provided in the Purchase Order and believes that the actions of the Buyer could lead to a financial loss for the Seller c) the Purchase Order does not contain all essential information (in particular the information specified in Article IV, para. 1 of the Business Conditions), or d) the Purchase Agreement is to be entered into with a person by who has previously committed a substantial violation of a Purchase Agreement (including the Business Conditions). Should such a situation arise, the Seller shall contact the Buyer without delay in order to agree on further action.
5) The Purchase Price specified on the Shop Web Interface for a particular type of goods is valid at the moment of ordering and does not include Packaging and Delivery Costs. Packaging and Delivery Costs are added at the end of a Purchase Order according to the chosen method of delivery and means of payment of the purchase price.
6) The Buyer agrees to the use of long-distance means of communication when entering into a Purchase Agreement. Costs incurred by the Buyer for the use of long-distance means of communication in connection with entering into a Purchase Agreement (costs of an internet connection or phone call) shall be borne by the Buyer and will not differ from standard rates.
III. Rights and Obligations of the Seller
1) The Seller is obliged to arrange a binding Purchase Order, with the reservation specified in Article II, para. 4 of these Business Conditions, and to transport the ordered and confirmed goods to the delivery address provided by the Buyer in the Purchase Order or to hand the goods over to the Buyer in person at the Lipno nad Vltavou Information Centre, Building No. 87. Confirmation of a Purchase Order shall contain information on Packaging and Delivery Costs.
IV. Rights and Obligations of the Buyer
1) In a Purchase Order, the Buyer is obliged to provide his/her name and surname or company name, the correct and complete address of his/her place of residence or registered office or another address to which the goods are to be delivered if different from the address of the Buyer's place of residence or registered office, a contact person if different from the Buyer, and a valid e-mail address and telephone number at which he/she can be contacted.
2) The Buyer is obliged to take over the ordered goods and to pay the total purchase price together with Packaging and Delivery Costs. If the Buyer fails to take over the goods upon delivery or to pay the purchase price including Packaging and Delivery Costs by the agreed deadline, the Seller shall be entitled to withdraw from the Purchase Agreement.
3) The Buyer is informed of the purchase price, including Packaging and Delivery Costs, when filling in a Purchase Order prior to making binding confirmation.
V. Purchase Price, Payment, Transport and Delivery Conditions
1) The Buyer may pay the purchase price and Packaging and Delivery Costs for the goods pursuant to the Purchase Agreement by the following means:
cash on delivery at the place of delivery of the goods specified by the Buyer in the Purchase Order,
in cash upon collection of the goods in person at the Lipno nad Vltavou Information Centre, Building No. 87,
by automatic bank transfer,
or electronically via the payment system GoPay.
2) Together with the purchase price, the Buyer is also obliged to pay Packaging and Delivery Costs at the agreed rate. Packaging and Delivery Costs shall particularly be taken to mean costs for the packaging of the goods - the price of a special printed strong envelope pursuant to para. 7 of this Article of the Business Conditions, costs for transporting the goods to the place of delivery, charges for cash on delivery and other associated costs. The Buyer is always obliged to pay the Seller the costs of packaging (i.e. the costs of a special printed strong envelope), regardless of the means of delivery or payment method chosen by the Buyer.
3) In the case of payment of the purchase price by cash on delivery or in cash upon collection of the goods in person, the purchase price is payable upon take over of the goods. In the case of payment by automatic transfer, the purchase price shall be payable within 10 days of entering into a Purchase Agreement. In the case of payment by automatic transfer, the Buyer is obliged to transfer the purchase price stating the specified variable symbol for the payment. In the case of an automatic transfer of the purchase price, the Buyer's obligation to transfer the purchase price shall be deemed fulfilled once the relevant amount is credited to the Seller's account.
4) If it is customary in trade relations or stipulated by generally binding legislation, the Seller shall issue a tax document to the Buyer for a payment made on the basis of a Purchase Order. The Seller is a value-added tax payer.
5) The Buyer shall acquire ownership of the goods upon payment of the purchase price in full.
6) The means of transport of the goods shall be determined by the Seller unless the Purchase Agreement states otherwise. Types of transport: Česká pošta – registered package.
7) When a Buyer orders goods by means of a Purchase Order form on the Shop Web Interface, the prices of services connected with packaging and delivery of the goods are as follows:
- Special printed strong envelope – 5,80
- Česká pošta – registered package – € 7,00
The stated Packaging and Delivery Costs are approximate and are determined by the Seller's contractual partners. The current price of these services associated with packaging and delivery shall always be communicated to the Buyer when filling in the form prior to binding confirmation of an order.
8) In the event that it is necessary to deliver the goods repeatedly or by a method other than that specified in the Purchase Order for reasons on the part of the Buyer, the Buyer shall be obliged to cover the costs associated with such repeated deliveries or such a different means of delivery.
9) When taking over the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is not damaged and, in the case of any defects, to report this fact to the carrier immediately and subsequently to inform the Seller by telephone. In the event that damage discovered to the packaging indicates unauthorised intrusion into the parcel, the Buyer shall not be obliged to take over the consignment.
10) Any discounts on the purchase price of the goods provided to the Buyer by the Seller cannot be combined. If the Buyer is the owner of a Lipno.card, he/she shall be entitled to a discount on the types of goods for which such a discount is offered to Lipno.card holders on the Shop Web Interface. Under the conditions set out in these Business Conditions, the Buyer shall also be entitled to purchase a Lipno.card for CZK 149 along with the goods. Should the Buyer also purchase a Lipno.card when filling in a Purchase Order, he/she shall be eligible for a discount as a Lipno.card holder with regard to the goods specified in such a Purchase Order.
10) Other rights and obligations of the parties during the transportation of goods may be regulated by the Seller's delivery conditions, if any are issued.
VI. Delivery Period
1) In the event that the Buyer's chosen means of delivery is by Česká pošta s.p. - registered package, the delivery period shall begin to run on 20/8/2016 and the Seller undertakes to send the goods to the Buyer by 31/8/2016 at the latest and for Purchase Orders made after 23/8/2016, no later than 5 working days after confirmation of the Purchase Order. In such a case, a condition for the dispatching of the goods to the Buyer is payment of the purchase price including related Packaging and Delivery Costs, unless the Buyer chooses cash on delivery as the means of payment of the purchase price and Packaging and Delivery Costs. .
2) If the Buyer's chosen delivery method is collection of the goods in person from the Lipno nad Vltavou Information Centre, Building No. 87 and the goods are in stock, the Seller shall inform the Buyer, together with confirmation of the order, that the goods will be ready for collection in person on the nearest working day after confirmation of the order. However, the Buyer acknowledges that the goods will be ready for collection in person on 5/8/2016 at the earliest, regardless of the receipt of order confirmation at any time before this date. A condition for hand over of the goods in person in such cases, is payment of the purchase price, including Packaging and Delivery Costs.
2) In the event that the ordered goods are not in stock, the Seller shall inform the Buyer of this fact and inform him/her of a preliminary delivery date for the ordered goods. Further information on transport is provided in Article V. of these Business Conditions.
VII. Withdrawal from a Purchase Agreement
1) The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods which has been adjusted according to the wishes of the Buyer or a person of the Buyer, from a Purchase Agreement for the supply of goods subject to rapid deterioration, as well as for goods which are irreversibly combined with other goods after delivery, from a Purchase Agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which for hygienic reasons cannot be returned, and from a Purchase Agreement for the supply of audio or video recordings or a computer programme, if their original packaging has been broken.
2) In cases other than those specified in Art. VII, para. 1 of the Business Conditions or another case in which it is not possible to withdraw from a Purchase Agreement, in accordance with the provisions of Section 1829, para. 1 of the Civil Code, the Buyer shall have the right to withdraw from the Purchase Agreement within up to fourteen (14) days of take over of the goods, or in the event that the subject matter of a Purchase Agreement is several different kinds of goods or goods delivered in a number of parts, this period shall begin to run on the day of takeover of the last delivery. Notice of withdrawal from a Purchase Agreement must be sent to the Seller within the period specified in the preceding clause. For withdrawal from a Purchase Agreement, the Buyer may use the specimen form provided by the Seller, which forms an Annex to these Business Conditions (available to download from www.lipno.info). The Buyer may send notice of withdrawal from a Purchase Agreement to, among others, the address of the Seller's premises or the Seller's e-mail address, email@example.com.
3) In the case of withdrawal from a Purchase Agreement pursuant to Art. VII, para. 2) of the Business Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be sent or handed over by the Buyer to the Seller within fourteen (14) days of withdrawal from an agreement. If the Buyer withdraws from a Purchase Agreement, he/she shall bear the costs connected with the return of the goods to the Seller, even in a case where, due to their nature, the goods cannot be returned by ordinary post.
4) In the event of withdrawal from a Purchase Agreement pursuant to Article VII, para. 2) of these Business Conditions, the Seller shall return the funds sent by the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, by the same means in which the Seller received them from the Buyer. The Seller is also authorised to return the payment provided by the Buyer upon the return of the goods by the Buyer or by other means, provided that the Buyer agrees to such means and incurs no further costs. If the Buyer withdraws from a Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer sooner than the Buyer returns the goods or proves that the goods have been sent to the Seller.
5) The Seller shall be entitled to unilaterally offset a claim for compensation for damages arising to the goods against the right of the Buyer to the return of the purchase price.
6) Until the goods have been taken over by the Buyer, the Seller may withdraw from a Purchase Agreement at any time. The provisions of this Article VII. The Business Conditions regulating the rights and obligations of the parties when withdrawing from a Purchase Agreement after take over of the goods by the Buyer shall apply to such a case mutatis mutandis.
7) If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer is entered into with the resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement connected such a gift shall expire and the Buyer shall be obliged to return the provided gift together with the goods.
8) In the event of withdrawal from an Agreement within a period of 14 days of take over of the goods, the Seller shall return the purchase price to the Buyer together with Packaging and Delivery Costs equal to the price of the cheapest means of delivery offered by the Seller on its Website at the moment the goods are returned. Any potential surcharge for cash on delivery however, is not returnable.
VIII. Liability for Defects and Warranty
1) The Rights and Obligations of the Parties concerning a defective performance shall be governed by the relevant generally binding legislation (in particular the provisions of Sections 1914-1925, Sections 2099-2117 and Sections 2161-2174 of the Civil Code) and Act No. 634/1992 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "CPA").
2) The Seller is liable to the Buyer for the fact that the goods bear no defects upon takeover. In particular, the Seller is liable to the Buyer for the fact that, at the time the Buyer takes over the goods:
- the goods have the properties agreed between the parties or, in the absence of such a agreement, the goods shall have the properties described by the Seller or the manufacturer or which the Buyer expects with regard to the nature of the goods and based on advertisements made by the Seller or manufacturer,
- the goods are suitable for the purpose for which the Seller presents them or which goods of their type are usually used,
- the goods correspond to the quality or design of the contractual sample or template, if the quality or design is determined according to such a contractual sample or template,
- the goods are in the corresponding quantity, size or weight and
- the goods comply with legal requirements.
3) If a defect manifests itself within the course of six months after takeover, the goods shall be deemed to have been defective since the time of takeover. The Buyer shall be entitled to enforce a claim for defects which appear in the goods within a period of twenty-four (24) months after takeover (hereinafter referred to as the "Warranty Period").
4) If the Buyer discovers a defect in the purchased goods during the Warranty Period which was not caused by improper use, but is a defect in the product itself, he/she shall be entitled to make a claim for the purchased goods. A claim for a defective performance may be enforced by the Buyer at the Seller's premises at the address Lipno nad Vltavou, Building No. 87. The moment of making a claim shall be considered the moment the Seller receives the claimed goods from the Buyer. Other rights and obligations of the parties relating to the Seller's liability for defects may be governed by the Seller's complaints procedure.
5) The Seller shall assess the whether the claim for a defect in the goods is justified and, once assessed, shall inform the Buyer by telephone or by e-mail on the means of settling the claim. The Buyer will then be asked to collect the claimed goods or the goods will be sent to a specified delivery address. The period for settling a claim pursuant to the CPA is 30 days.
IX. Personal Data Protection
1) When processing the Buyer's personal data, the Seller undertakes to proceed in accordance with Act No. 101/2000 Coll., the Personal Data Protection Act, as amended, and Act No. 480/2004 Coll., on certain Information Society Services and Amendments to some Acts (the Act on Certain Information Society Services), as amended.
2) By sending a Purchase Order, the Buyer grants his/her consent to the processing of the following personal data: his/her name and surname or company name, the address of his/her residence or registered office or potentially a different place of delivery, an e-mail address and telephone number (hereinafter collectively referred to as the "Personal Data"), for purposes further specified in this Article of the Business Conditions, unless generally binding legislation stipulates that the Seller is authorised to process the Personal Data for a given purpose even without the Buyer's consent. The purpose of processing the Personal Data is to implement rights and obligations under a Purchase Agreement and to offer of sales and services from the Seller to the Buyer.
3) The Buyer acknowledges that the Seller is authorised to process the Personal Data even without the Buyer's consent if such data processing is essential for the performance of an Agreement to which the subject of the data is a party, or for negotiating entry into or an amendment to an Agreement realised at the proposal of the subject of the data.
4) The Buyer acknowledges that the Seller is entitled to process Personal Data to the extent of the name and surname and residential address, even without the express consent of the Buyer, for the purposes of offering sales and services of the Seller to the Buyer until the Buyer gives his/her express written disagreement to such data processing.
5) The Seller may delegate the processing of the Buyer's Personal Data to a third party as a data processer. The Seller is entitled to transfer the Buyer's Personal Data to third persons, especially to persons providing transport of the goods or to third parties for the purpose of offering sales and services (to the extent of the Buyer's name, surname and address). The Buyer has the right to express his/her written disagreement to the transfer of the Personal Data to third parties for the purpose of offering sales and services.
6) The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed in electronic form by automated means or in print by non-automated means.
7) The Buyer confirms that the Personal Data provided is correct and precise and that he/she has been informed that the Personal Data is provided voluntarily.
8) If the Buyer believes that the Seller or a data processor performs the processing of his/her Personal Data in a manner which violates the protection of the subject's private or personal life or contravenes the law, particularly if the Personal Data is inaccurate with regard to the purpose for which it is being processed, he/she may
- request an explanation from the Seller or data processor,
- request that the Seller or data processor rectify the situation. This may in particular concern the blocking, correction, supplementation or deletion of the Personal Data.
9) If the Buyer requests information on the processing of his/her Personal Data, the Seller shall be obliged to provide such information. The Seller has the right to request proportionate reimbursement for the provision of information pursuant to the preceding clause, not exceeding the essential costs for providing such information.
10) The Buyer agrees to receive information relating to the goods, services or business of the Seller as well as commercial communications of the Seller sent to his/her e-mail address. When filling in an order form and receiving all commercial communications, the Buyer shall always have the clear and distinct possibility, in a simple manner, free of charge or at the expense of the Seller, to refuse to give consent to such use of his/her e-mail address.
11) The Buyer consents to the storage of so-called cookies on his/her computer. In the event that a purchase via the Shop Web Interface can be carried out and the commitments of the Seller under the Purchase Agreement fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may retract his/her consent pursuant to the preceding clause at any time.
X. Joint and Final Provisions
1) These Business Conditions are valid to the extent and in the version that appears on the Shop Web Interface on the day a Purchase Order is sent. By sending a Purchase Order the Buyer confirms to the Seller that he/she accepts all Business Conditions and provisions in force on the day of sending a Purchase Order, together with the accepted purchase price specified for the ordered goods including Packaging and Delivery Costs. For the period stipulated for delivery of the goods, the Buyer is irrevocably bound to a sent Purchase Order and Purchase Agreement.
2) The Seller is not bound, in relation to the Buyer, to any codes of conduct in the sense of the provisions of Section 1826, para. 1 e) of the Civil Code.
3) The Buyer hereby accepts the risk of changes in circumstances in the sense of the provisions of Section 1765, para. 2 of the Civil Code.
4) The consumer is has the right to an alternative dispute resolution for consumer disputes arising from a Purchase Agreement entered into with the Seller. Detailed information on an alternative dispute resolution of consumer disputes are contained in the provisions of Sections 20 e) to 20 y) of the CPA. In the event that a consumer dispute arises between the Seller and the Buyer (consumer) from a Purchase Agreement which cannot be settled by mutual agreement, the Buyer (consumer) may file a petition for an alternative dispute resolution to the body designated for alternative dispute resolutions for consumer disputes, which is
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
120 00 Prague 2
An alternative dispute resolution is initiated at the request of the consumer. The requirements of a proposal are contained in Section 20 n) CPA. A consumer may file a petition with the CTIA by no later than 1 year of the day that he/she first enforced the claim, which is the subject matter of the dispute, with the Seller. An alternative dispute resolution may be ended by agreement between the parties to the dispute, a unilateral declaration of the termination of participation in the dispute by the consumer, the death or dissolution of a party to the dispute, the fruitless lapse of a 90-day period from the commencement of proceedings, or rejection of the petition by the CTIA. Alternative dispute resolutions of consumer disputes are free of charge and the parties shall bear the costs of a consumer dispute themselves.
5) The Seller is authorised to sell goods on the basis of a trade licence. A trade inspection shall be carried out by the competent Trade Office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. To a defined extent, the Czech Trade Inspection Authority carries out, among other things, supervision of compliance with the CPA.
6) If a relationship connected with the use of the Website or a legal relationship founded by a Purchase Contract contains an international (foreign) element, the parties agree that this relationship shall be governed by Czech law.
7) If a provision of these Business Conditions is or becomes invalid or ineffective, it shall be replaced by a valid provision which corresponds in meaning as closely as possible to the invalid provision. The invalidity or ineffectiveness of any given provision shall not affect the validity of the remaining provisions. Revisions and amendments to a Purchase Agreement must be executed in writing.
8) A specimen form for withdrawal from a Purchase Agreement, which can be found at the web address www.lipno.info, constitutes an Annex to these Business Conditions.
Lipno nad Vltavou, 27/7/2016