Terms & Conditions
These general terms and conditions (hereinafter referred to as “terms and conditions“) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only “Civil Code“)
Oxana Kets, luvion.cz
VAT number: CZ7958171298
with registered office: Korunní 2569/108, 101 00, Prague 10 – Vinohrady
(hereinafter referred to as “seller“)
1. Introductory provisions
1.1 These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a sales contract outside their business activities as a consumer or within their business activities (hereinafter referred to as the “buyer”) through the web interface located on the website accessible at the Internet address www.luvion.cz (hereinafter referred to as “online store”).
1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- User account
2.1 Based on the Buyer’s registration made on the Website, the Buyer can access user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as “user account”). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer has not used his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of third party hardware and software equipment.
- Conclusion of the purchase contract
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),
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
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer’s ability to detect and correct errors arising from entering data into the Order. The Buyer shall send the order to the Seller by clicking on the “Confirm Order” button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.
3.8 The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached their obligations towards the Seller.
3.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
3.10. By placing an order, the Buyer confirms that he/she has read these Terms and Conditions and agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and shall have the opportunity to familiarise himself with them prior to the actual execution of the order. Acceptance of the goods by the Buyer from the Seller, as well as the binding order confirmed by the Seller, shall be deemed to be an acknowledgement and conclusion of the purchase contract under these Terms and Conditions and the Buyer agrees to the Terms and Conditions as amended at the time of sending the binding order and is bound by them at the time of conclusion of the purchase contract. The concluded contract shall be archived by the Seller for the purpose of its successful execution and shall not be accessible to third, uninterested parties.
3.11. If a set or set of items is the subject of a purchase contract, all such items are considered to be separate main items and not a main item with accessories, unless the description of the set or set expressly states otherwise and if separate use of the items is possible.
- Price of goods and payment terms
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
– cash on delivery at the place specified by the Buyer in the order;
– by wire transfer to the Seller’s account No. 6350247369/0800, maintained with Česká Spořitelna, a. s. (hereinafter referred to as the “Seller’s account”);
– by cashless payment card through the payment gateway GP webpay.
If you choose to pay by bank transfer, you will be sent an invoice showing the total amount and our account number 6350247369/0800. The goods will be delivered to you once the invoiced amount has been credited to our account.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax authorities online; in case of technical failure, within 48 hours at the latest.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment on delivery, the purchase price is payable on receipt of the goods. In the case of payment by bank transfer or online credit card, the purchase price is payable at the latest before the goods are dispatched.
4.5 In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.
4.8 The seller is a VAT payer. In case the buyer is also a VAT payer, he can claim a VAT refund from the local tax authority.
- Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, the Purchase Contract for the supply of perishable goods, as well as goods that, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.
5.2 Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, the purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is attached to the Terms and Conditions and can be downloaded here. The Buyer may send the withdrawal from the Purchase Contract to, inter alia, the Seller’s business address or to the Seller’s e-mail address firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by 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 to him or proves that he has sent the goods to the entrepreneur.
5.5 The Buyer shall only be liable to the Seller for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary to familiarise the Buyer with the nature and characteristics of the Goods, including their functionality. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.6 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
5.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
- Transport and delivery of goods
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3 In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. The Seller shall also be entitled to the costs associated with the delivery of the goods in the event that the Buyer does not accept the package (not applicable in the event of receipt of a damaged package). The cost of shipping the goods will be charged to the buyer when issuing a credit note for the refund of the goods.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5 The Seller undertakes to dispatch the goods in stock within 3 working days of receipt of the order (acceptance), unless otherwise specified below. The delivery time specified in the description of the goods in the web interface of the shop shall take precedence over the time limits specified in these terms and conditions. If the Seller is unable to meet the relevant deadline, he undertakes to inform the Buyer by e-mail, in writing or by telephone. If the goods are not in stock, the delivery time may be extended depending on the delivery times of the supplier. In the case of payment by bank transfer to the Seller’s bank account, the delivery time only starts from the time the payment is credited to the Seller’s bank account.
6.6 Only goods paid for in advance (by bank transfer, online card payment) can be sent abroad, not on delivery. The price of the shipping fee is not immediately displayed to the buyer in the order, it is determined individually, according to the tariff of the shipping service. The buyer will always be informed in advance of the shipping costs. Shipping prices to Slovakia are discounted compared to shipping to other foreign countries – they are 8 euros. For orders over CZK 3,000, shipping will be free of charge. These prices apply to standard parcels weighing up to 10 kg. If you choose to pay by bank transfer, please wait for the payment documents to be sent in euros.
- Rights from defective performance and warranty (COMPLAINT)
7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim a defect that occurs in consumer goods within twenty-four months of receipt.
7.5 The Buyer shall assert the rights arising from defective performance at the Seller’s business address Korunní 2569/108, 101 00, Vinohrady, Praha 10, where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6 Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Regulations.
7.7 In accordance with § 2104 CC, the Buyer is obliged to inspect the goods as soon as possible after receipt and to ascertain their characteristics and quantity. If the Buyer is not a consumer and damage is found, a record of the damage shall be made and the Seller shall provide a reasonable discount or deliver new goods. Later claims for mechanical damage to the goods can no longer be accepted.
7.8 The Buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the rights under liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the buyer-consumer is also entitled to reimbursement of the costs necessarily incurred for such withdrawal.
7.9 In the case of the buyer-consumer, the complaint shall be governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
7.10. In accordance with Section 1829 of the CC, the buyer-consumer has the right to withdraw from the purchase contract without giving reasons within 14 days of receipt of the goods, or from receipt of the last delivery of goods if the purchase contains several types of goods. If the buyer-consumer decides to withdraw within this period and complies with the conditions set out below, the purchase price will be refunded. In accordance with Sections 1820(1)(g) and 1832(3) CC, the buyer-consumer shall bear the costs of returning the goods in the event of withdrawal from the purchase contract pursuant to Sections 1829 et seq. This right does not serve as a means of settling a complaint.
– No later than on the 14th day after receipt of the goods, the buyer-consumer’s will to withdraw from the purchase contract must be sent to the seller;
– The buyer-consumer sends the complaint by email to email@example.com and the goods are then returned to the seller;
– The buyer-consumer delivers the goods back to the seller at his own expense at Kosmická 753/33 149 00 Praha 4 – Haje, no later than 14 days after the withdrawal from the sales contract;
– The goods sent by the buyer-consumer following the withdrawal from the purchase contract will not bear signs of use, will not be damaged and will be returned with a copy of the proof of purchase (the seller recommends insuring the goods against damage);
– If the value of the goods has been reduced (the goods are incomplete or damaged), the buyer is obliged to compensate the missing value in money.
7.11. If the above conditions are met, the buyer-consumer will be refunded the price of the goods paid by him, in the same way as received, or as agreed by bank transfer or bank transfer to the account of the buyer-consumer, within 14 days of withdrawal from the purchase contract. However, the Seller is not obliged to refund the price paid by the Buyer-Consumer before the Buyer-Consumer hands over (delivers) the goods or proves that he has sent the goods to the Seller.
- Other rights and obligations of the parties
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 Out-of-court handling of consumer complaints is provided by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.
8.4 In the event of a consumer dispute arising from a purchase contract that cannot be resolved amicably, the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, e-mail address: email@example.com, internet address: adr.coi.cz, is competent for out-of-court dispute resolution.
8.5 The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
8.6 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- Privacy and sending commercial communications
9.1 Protection of personal data of the buyer, who 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 the processing of the following personal data: name and surname, date of birth, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).
9.3 The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may delegate the processing of the Buyer’s personal data to a third party processor. Except for the persons transporting the 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 for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
- Sending commercial communications and storing cookies
10.1 The Buyer consents to the sending of information related to the Seller’s goods, services or business to the Buyer’s electronic address and further consents to the sending of commercial communications by the Seller to the Buyer’s electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller’s obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
11.1 The Seller is entitled to deliver communications or legal actions addressed to the Buyer both to his physical address (e.g. residence, registered office or other delivery address provided by the Buyer) and to the Buyer’s electronic address specified in his user account or order. In the case of delivery of a message by electronic mail, the effects of its delivery shall be deemed to have occurred at the moment of its dispatch.
- Final provisions
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
12.5 Contact details of the Seller: delivery address Kosmická 753/33 149 00 Praha 4 – Haje, e-mail address firstname.lastname@example.org, telephone +420774627147.
These terms and conditions come into force on 15.11.2022.