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1. Introductory provisions
1.1.1. The online shop at https://www.loveledneon.com (hereinafter referred to as "online shop") and the brick-and-mortar shop (hereinafter referred to as "brick-and-mortar shop") at Bělohorská 2336/243, Prague 6, 169 00, Malý Břevnov, are operated by SAG GROUP s.r.o., with registered office at Bělohorská 2336/243, Prague 6, 169 00, Malý Břevnov, registered in the Commercial Register maintained by the Municipal Court in Prague, ID No.: 09917586, (hereinafter referred to as the "Seller" or "Operator"), bank connection, account no.: 15555527/5500
1.2.1. A buyer is any visitor to an online shop or bricks-and-mortar shop, regardless of whether they are acting as a consumer or as a business (hereinafter referred to as "buyer").
1.2.2. A consumer is a natural person who is not acting in the course of his/her trade or other business activity when concluding and performing a contract (hereinafter referred to as "consumer").
1.2.3. Any person who enters into contracts in connection with his own business, manufacturing or similar activity or in the course of the independent exercise of his profession, or a person who acts in the name or on behalf of an entrepreneur (hereinafter referred to as the "entrepreneur"), shall also be deemed to be an entrepreneur.
1.3 Terms and Conditions
1.3.1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer via the online shop or on the basis of a purchase contract concluded between the Seller and the Buyer in a brick-and-mortar shop (hereinafter referred to as the "Purchase Contract").
1.3.2 The Terms and Conditions are an integral part of the Purchase Contract. Unless the Purchase Contract or its annexes expressly provide for a deviating provision or the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the Purchase Contract or other express agreement between the Seller and the Buyer, these Terms and Conditions shall otherwise apply to the mutual relations of the parties.
1.3.3. Legal relations between the Seller and the Buyer not expressly regulated by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code. The legal relations of the Seller with the Consumer are also governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.
2. Conclusion of the purchase contract, method of transport and payment
2.1 Offer of goods
The goods offered via the website of the online shop are an offer of goods, which is for information purposes only. The mere offer of goods shall not, without more, be deemed to be a proposal to deliver goods within the meaning of Section 1732 (2) of the Civil Code and the operator is not obliged to conclude a purchase contract in respect of the offered goods.
2.2.1 The Buyer can create an order using the form on the website of the online shop. When creating an order using the form, the buyer first selects the goods he is interested in. After selecting the desired quantity, the method of transport (see Article 2.4.1.) and the method of payment (see Article 2.5.1.), the Buyer confirms his/her order, thereby submitting a binding proposal for the conclusion of a purchase contract between the Buyer and the Operator.
2.2.2 By sending the order, the Buyer confirms that he has read these terms and conditions and agrees to them in their entirety.
2.3. Conclusion of the Purchase Agreement
2.3.1 The Operator undertakes to accept the Buyer's purchase contract proposal (order), unless this proposal is in conflict with these Terms and Conditions and/or the Operator has specific and objective reason to believe that the Buyer will breach the purchase contract or repeatedly abuse the benefits of the extended return option. The Operator will acknowledge receipt of the proposal via a message to the Buyer's email address.
2.3.2. The contractual relationship between the Operator and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Operator to the Buyer at the electronic address provided by the Buyer in the order.
2.3.3 The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (e.g. costs of internet connection or costs of telephone calls) shall be borne by the Buyer himself.
2.5 Method of payment
2.5.1. The Operator offers the following payment methods: payment by credit card over the Internet through a payment gateway, bank transfer after completion of the order, credit card or cash on personal collection at the Operator's dispatch point. This is without prejudice to the right of the Operator to require a particular Buyer to pay in advance in justified cases and to allow such Buyer to pay only in this way.
2.5.2. If the Buyer chooses to pay by credit card over the Internet, the Buyer will be redirected to a third party payment server upon completion of the order to fill in the necessary payment details. After verification of their validity, the order will be confirmed and the purchase price will be debited from the Buyer's account.
2.5.3. For the order to be processed, the payment must be made under the variable symbol, which is the order number and which the Buyer will receive upon completion of the order. In the case of payment for goods by bank transfer, the purchase price is deemed to have been paid on the date on which the relevant amount is credited to the Seller's account.
2.5.4 In the case of payment on delivery on receipt of the goods from the carrier, the operator reserves the right to add the cost of cash on delivery to the price of the order according to the current price list of the carrier.
2.5.5 All changes, including price changes in the online shop are subject to change. The price is valid at the time of ordering.
2.5.6 The prices of the goods and services offered are inclusive of VAT, unless the price is expressly stated to be exclusive of VAT.
2.5.7 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.
2.5.8 The Buyer agrees to the issuance of an electronic receipt.
2.7 Gift vouchers and discount codes
2.7.1. When creating an order, the Buyer may enter the codes contained on the gift vouchers purchased and discount codes provided by the Operator in accordance with their rules.
2.7.2 Unless otherwise expressly stated by the Operator, gift vouchers or discount codes:
cannot be redeemed repeatedly;
cannot be combined with each other.
2.7.3. In the event of cancellation of the Purchase Agreement for any reason or any other reasonable return by the Buyer to the Seller of goods purchased under a discount code or gift voucher, the Buyer shall be entitled to a refund of the amount actually paid by the Buyer in cash for the purchase of the goods. In the case of a gift voucher, the Seller shall further issue a new gift voucher of the corresponding value. However, the Seller may decide whether and in what amount to issue a new discount code to the Buyer.
2.7.4 If the gift voucher or discount code has a limited period of validity, the Buyer is only entitled to use the gift voucher or discount code before its expiry. The Seller shall not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
2.7.5 A gift voucher or discount code cannot be exchanged for money. In the event that the buyer withdraws goods for less than the value of the gift voucher or discount code, the buyer is not entitled to a refund of the value of the gift voucher or discount code or to a new gift voucher or discount code for the remaining value of the original gift voucher or discount code redeemed.
2.7.6 If the gift voucher or discount code is redeemed in violation of the Operator's rules for the use of the gift vouchers and discount codes in question, the Operator shall have the right to reject the gift voucher or discount code so redeemed and to withdraw from the concluded purchase contract. In the event of any ambiguity in the interpretation of the rules, the interpretation set out by the operator shall apply.
3. Delivery of goods
3.1 Delivery time
3.1.1 Subject to the conditions set out below, the Operator undertakes to dispatch the Goods to the Buyer at the earliest possible date. In the case of payment by credit card over the Internet via a payment gateway and by bank transfer after the order has been completed, the Operator will only send the goods after the payment has been credited to its bank account. The delivery time, if specified for the goods, is for information purposes only and is not binding on the operator.
3.1.2 The Operator shall not be liable for any damages caused by delay in dispatch or delivery of the goods for any reason whatsoever.
3.2 Transport, delivery and acceptance of goods
3.2.1 The buyer acquires the ownership of the purchased goods upon receipt of the goods. The risk of damage to the goods also passes to the buyer upon receipt of the goods.
3.2.2. 3.2.2. Upon request, the Seller shall send the Buyer a tax document in electronic form.
3.2.3. 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 immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer is advised not to accept the shipment from the carrier and to fill in a record of the damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
3.2.4. The Buyer is obliged to claim for mechanical damage to the goods, non-conforming goods, etc., which were not apparent upon receipt of the consignment from the carrier, immediately after their discovery. The Operator shall not be liable for any damage to the goods caused during their transportation, unless the Buyer immediately claims such damage in accordance with paragraphs 3.2.3. and 3.2.4. of these Terms and Conditions.
3.2.5 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
3.2.6 If the Buyer fails to collect the goods previously ordered by him, the Operator shall not be obliged to send him any goods newly ordered by him.
3.2.7 If the Buyer orders (via one or more orders) more than 4 items in total in one calendar day, the Operator reserves the right to apply the costs associated with the delivery of such goods in an amount not exceeding CZK 74 and/or to require payment of the goods in advance as the only payment option. The operator also reserves this option in the event of repeated unjustified returns of apparently used goods by the same buyer.
Withdrawal from the Purchase Contract by the Buyer
4.1 All goods on loveledneon.com are made to measure and cannot be returned (according to the provisions of § 1837 of the Civil Code).
This also applies to the goods in the E-SHOP section, which are made on the basis of your order, with love and care directly for you.
Read more here.
4.2 Withdrawal from the purchase contract by the operator
4.2.1 The operator takes care to have a good knowledge of the market for the goods sold and sufficient supply, however, there may exceptionally be situations where it is unable to deliver the ordered goods under the conditions agreed in the purchase contract. The Operator therefore reserves the right to withdraw from the contract of sale in such cases and the Purchaser hereby agrees to this procedure for such exceptional cases.
4.2.2 The Operator shall also have the right to withdraw from the Purchase Contract if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of the transport of the goods, or if the Operator finds that the goods have been mistakenly offered at an incorrect price and the Buyer has not accepted the relevant change to the Purchase Contract, i.e. an increase in the price of the goods or an increase in the cost of transport, and the Buyer hereby agrees to this procedure for such cases.
4.2.3 The Buyer acknowledges that the Seller shall be entitled to withdraw from the Purchase Contract concluded with the Buyer, or not to conclude the Contract with such Buyer at all, if the Buyer has breached any of its obligations in a material way in any of its previous engagements with the Seller. A breach of a previous contractual relationship in a material manner shall be deemed to be conduct within the meaning of Section 2002(2) of the Civil Code for the purposes of withdrawal.
4.2.4 If the Operator withdraws from the Purchase Contract, the Operator shall immediately inform the Buyer thereof at the electronic address provided by the Buyer when creating the order. Furthermore, the operator is obliged to return the full purchase price of the goods to the buyer, if this has already been paid, possibly reduced in accordance with these terms and conditions.
5. Rights from defective performance
5.1 The rights and obligations of the contracting 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) and the Consumer Protection Act.
5.2 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 delivery of the goods: the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or which the buyer may generally expect in view of the nature of the goods and on the basis of the advertising carried out by them, the goods are fit for purpose, for the use for which the seller states or for which goods of that kind are usually used, 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, the goods are of the appropriate quantity, measure or weight and the goods comply with the requirements of the law.
5.3 The consumer is entitled to exercise the right to claim for defects that occur in consumer goods within the statutory period, i.e. 24 months from receipt. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in accordance with other legal provisions, the statutory provisions on the quality guarantee shall apply.
5.4 The Buyer may exercise the rights arising from defective performance at the Seller's business address (dispatch point). The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
5.5 When exercising the right of defective performance, the Buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the Operator recommends in particular the presentation of a purchase receipt.
5.6 The Buyer is obliged to reproach the Seller for the defect, i.e. to provide a description of the defect of the goods for which he is claiming.
5.7.The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself, or if it was caused by a third party other than the seller and without his fault.
5.8 The Seller or an employee authorised by him shall decide on the consumer's complaint immediately, in complex cases within 3 working days. This time limit does not include the time reasonable according to the type of goods or services required for a professional assessment of the defect. The consumer's complaint, including the removal of the defect, shall be settled by the seller without undue delay, at the latest within 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. The preferred method of settling the complaint is the refund of the purchase price.
5.9 If the Operator does not reject the claim, the Operator shall issue to the Buyer a confirmation of receipt of the claim, which shall include, among other things, the identification of the Operator and the Buyer, what the Buyer considers to be the content of the claim, what method of handling the claim the Buyer prefers, the date and place of receipt of the claim and the signature of an employee of the Operator.
5.10. The consumer shall be entitled to reimbursement of the reasonable costs incurred in exercising his right under the defective performance.
5.11. The operator shall inform the purchaser that the claim has been settled and how it has been settled, either by sending an e-mail to the e-mail address provided by the purchaser when making the claim or by using other contact details which will enable the purchaser to be notified of the settlement of the claim. In this notification, the operator shall indicate the deadline for collecting the goods complained of.
5.12. In the event that the Buyer fails to collect the claimed goods within the time limit set by the Operator, the Operator shall be entitled to charge a reasonable storage fee or to sell the goods on its own account to the Buyer. The operator must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to collect the goods.
5.13 The operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by any defect in the goods supplied unless such loss, injury or damage to property is caused by negligence, omission or intent on the part of the operator.
5.14. You can use this form to make a complaint.
6.1 The handling of personal data of buyers is subject to the provisions of Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended, and other relevant legislation. Our registration number with the Data Protection Authority is 00073849.
6.2 The Buyer agrees to the processing of his/her personal data, which means name and surname, residential address, identification number, tax identification number (entrepreneurs, VAT payers), electronic address, gender, bank account number and telephone number, and consents to the collection and processing of his/her personal data by the Operator for the purposes of exercising his/her rights and obligations under the Purchase Agreement, operating the loyalty program and for the purposes of maintaining the user account. The consent to receive commercial communications is given voluntarily and may be revoked at any time free of charge by using the link provided at the end of the commercial communication. 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 a purchase contract.
6.3 The Buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account or when placing an order) correctly and truthfully and that he is obliged to inform the Seller of any changes to his personal data without undue delay.
6.4 The Seller may delegate the processing of the Buyer's personal data to a third party as a processor.
6.5 Personal data will be processed for an indefinite period of time in electronic form by automated means or in paper form by non-automated means.
6.6 In the event that the Buyer believes that the Seller or the Processor carries 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, he/she may:
request an explanation from the seller or processor,
require the seller or processor to remedy the situation.
6.7 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.
6.8 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.
6.9 The Buyer agrees to the storage of cookies on his computer. The Buyer can manually delete, block or completely disable individual cookies through the settings of his web browser. Individual cookies can also be blocked or allowed only for specific pages.
2.6 Rights and obligations arising from the conclusion of the Purchase Agreement
2.6.1. The Operator is obliged to deliver the ordered goods to the Buyer at the agreed price and the Buyer is obliged to accept the goods and pay the purchase price.
2.6.2 In the event of a breach of the terms and conditions of the Purchase Agreement or the Terms and Conditions by the Buyer, the Operator reserves the right to withdraw from the Purchase Agreement. In such a case, the Buyer shall be obliged to pay the Operator all costs associated with his order, in particular the costs of sending the goods if the Buyer does not accept them. The consumer in the Czech Republic is obliged to reimburse the seller for the damage incurred in postage costs, estimated at CZK 120,-. The consumer from Slovakia is obliged to pay the seller (BUfashion.cz s.r.o.) for the incurred damage to the postage costs calculated at 9,-€.
2.6.3. The Buyer is obliged to provide correct and truthful information when ordering goods. The information necessary for the conclusion of the purchase contract provided by the Buyer is considered correct by the Seller.
2.6.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
2.6.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
2.6.6 All communications from the Seller may be delivered to the Buyer at the electronic address provided in the Buyer's user account or specified by the Buyer in the order.
7. Final provisions
7.1 The language of communication between the Operator and the Purchaser and the language of the Purchase Contract is Czech.
7.2 In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason whatsoever, this fact shall not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective.
7.3 The Operator may amend or supplement the wording of the Terms and Conditions. The amended terms and conditions shall be effective on the date of their publication. The rights and obligations of the Operator and the Buyer arising before the effective date of the new version of the Terms and Conditions are not affected by the change.
7.4 If the relationship established by the Purchase Contract contains an international (foreign) element, then the Parties agree that the relationship shall be governed by Czech law, excluding any conflict of laws rules. This does not affect the consumer's rights under generally binding legislation.
7.5 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised 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.
7.6 The Parties agree that the courts of the Czech Republic shall have jurisdiction to hear any disputes between the Operator and the Purchaser. Any disputes between the Operator and the Consumer may also be settled out of court. In such a case, the consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform. Before proceeding to out-of-court dispute resolution, the operator recommends that the buyer first use the electronic address firstname.lastname@example.org to resolve the situation.
In Prague on 18 November 2022
SAG GROUP s.r.o.