Terms and conditions
- Preface establishment
- User account
- Closing the purchase agreement
- Price of goods and payment terms
- Withdrawal from the sales contract
- Carriage and delivery of goods
- Rights from defective performance
- Other rights and obligations of the parties
- Privacy and business messaging
- Sending business messages and storing cookies
1.1. These Terms of business (next only "Business Terms") of a business company Love Spa, s.r.o., se sídlem Josefa Černíka 412, 763 26 Luhačovice, VAT ID: 05928940, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 98999 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred as the "Purchase Agreement") concluded between the Seller and another natural or legal person (the "Buyer") through the internet store of the seller. The e-shop is operated by the seller on the internet www.lovespa.cz (hereinafter referred to as the "Website") through the web interface (hereinafter referred to as the "web interface of the shop").
1.2. Business conditions do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person acting on the order of a commodity in the course of his business or in the course of his independent pursuit of his profession.
1.3. Provisions derogating from the terms of business can be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech or English language. The purchase contract can be concluded in the Czech or English language.
1.5. The seller may change or supplement the terms of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.1. Based on buyers registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of the goods (hereinafter referred to as the "user account"). If the web interface allows, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web site and ordering goods, the buyer is obligated to provide all the information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the sales contract (including business terms).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of third party hardware and software.
3.1. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section § 1732 (2) of the Czech Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods, if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packing and delivery of the goods listed in the web interface of the store is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form includes, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the supply of goods (thereafter referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Confirm order" button. The information given in the order is considered correct by the seller. On receipt of the order, the seller will acknowledge the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. Seller is always entitled to ask the buyer for additional order confirmation (for example, by email or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, which does not differ from the basic rate.
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the sales contract in the following ways:
- in cash at a place specified by the buyer in the order;
- by cashless transfer to seller's account no. 222461048 / 0600, held at the company Moneta Money Bank (hereinafter referred to as the "Seller Account");
- non-cash via the Comgate payment system
- cashless by payment card;
4.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of pyament by cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the purchase contract being concluded.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The seller is entitled, in particular, in the event that the buyer does not receive additional confirmation of the order (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the purchaser. Article 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of the goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser regarding payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document - the invoice is issued by the seller to the buyer after the price has been paid and sent to the purchaser in electronic form at the buyer's electronic address.
5.1. The buyer notes that, according to the provisions of Section 1837 of the Czech Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish, has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for delivery of a sound or image record or a computer program, if the original package was broken.
5.2. In the case of the case referred to in Article 5.1 or in another case where the purchase contract can not be withdrawn, the buyer has to withdraw the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the takeover of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises or to the seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Art. 5.2 of the business terms, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal under Article 5.2 of the Terms and Conditions of Sale, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the purchases provided by the buyer upon return of the goods to the buyer or otherwise, provided the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the entrepreneur.
5.5. The Seller is entitled to indemnify the Seller against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the sales contract in accordance with Section 1829 (1) of the Czech Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer has taken over the goods. In such a case, the seller shall return the purchase price without undue delay to the purchaser, without charge, to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is required to deliver the goods in the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another delivery method.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, buyer is not required to take delivery of the consignment from the carrier.
6.5. Other parties rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Czech Civil Code and Law No. 634/1992 Coll., On Consumer Protection, as amended).
7.2. The seller is responsible to the buyer for the goods to have no defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have properties that have been negotiated by the parties and, in the absence of an arrangement, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. the goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,
7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4.the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods due to their normal use.
7.4. If a defect occurs within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance are claimed by the buyer at the seller's address at the address where the receipt of the claim is possible with regard to the range of goods sold, or even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8.1. Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) E) of the Czech Civil Code.
8.3. In the event that a consumer dispute arises between us and the consumer from a sales contract or from a service contract that can not be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to a designated extrajudicial dispute resolution body, which is
Česká obchodní inspekce
Ústřední inspektorát - oddělení ADR
120 00 Praha 2
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.“
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Czech Civil Code.
9.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself make it impossible to conclude a sales contract.
9.4. The buyer acknowledges that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his or her personal data without undue delay.
9.5. The seller may authorize the third party to process the buyer's personal data as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with regard to the purpose of their processing, buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remove the resulting condition.
9.9. If the buyer requests information on the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous clause to request reasonable compensation not exceeding the costs necessary to provide the information.
10.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and agrees to send the sales announcements to the buyer's email address.
10.2. Buyers agree to store cookies on their computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11.1. The seller may deliver emails and marketing materials to the buyer's electronic address.
12.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms and conditions is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The attachment to business terms forms a sample form for withdrawal from the sales contract.
12.5. Contact details of the seller: delivery address Josefa Černíka 412, 763 26 Luhačovice, email email@example.com, phone +420 601 121 880.