GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions (hereinafter the “GTC”) govern the rights and obligations of the Parties in concluding and performing a purchase contract (hereinafter the “Contract”) between the Seller and the Customer (Buyer) on the sale of Goods and their delivery to the Customer. For the purposes of these GTC, the Contractor shall refer to:
Business name: LEJAAN s.r.o.
registered office at: Šumavská 931/13, Vinohrady, 120 00 Prague 2
BIN: 285 99 349
a company incorporated in the Commercial Register under reference No. C158886 maintained by the Municipal Court in Prague.
Place of business: U Kolory 231, 463 12 Liberec, the Czech Republic
Customer service contacts:
Phone No.: +420 722 920 930
Orders, returns, warranty claims:
Phone No.: +420 725 436 172
- The Customer is obligated to familiarise him/herself with these GTC before using the Service.
- In accordance with these GTC, the scope of the Contract comprises the Seller’s obligation to deliver Goods to the Customer and to allow the Customer to acquire the title to the Goods, and the Customer’s obligation to take over the Goods and to pay the Price and the Postal Charge, eventually COD or Packaging, to the Seller.
- For the purposes of these GTC, the following capitalized terms shall have the following meanings:
- Customer refers to a person using the Service and, for the purposes of these GTC, can also be referred to as the Buyer or Purchaser. If the Customer is consumer, may be in these GTC identified as consumer;
- User Account Holder refers to the person setting up a User Account on www.lejaan.sk;
- User Account refers to the user interface available via www.lejaan.sk;
- Order refers to the Customer's binding proposal to conclude the Contract addressed to the Seller;
- Price refers to the financial amount which the Customer undertakes to pay the Seller for Goods under the Contract, as specified in the Order; in the event of a discrepancy between the price indicated for the individual type of Goods and the price indicated in the Order summary, the price indicated in the Order summary shall prevail;
- Goods refer to items specified and characterized on the Website and offered on the Website for sale and indicated by the Customer in the Order so that the Customer place them in a virtual basket (a gift voucher, which is activated by entering the gift voucher code in the User Account in the "my Credits" section, is also considered as Goods);
- Postal Charge refers to the amount which the Customer is charged in addition to the Price if the Price is lower than EUR 115 and for which the Seller undertakes to ensure shipment of the Goods to the location indicated by the Customer in the Slovak Republic and, if the Customer fails to accept Goods, also shipment of the Goods from the intended delivery location to the Customer back to the Seller, unless special shipment outside the Slovak Republic is arranged separately;
- Service refers to the Internet environment of the www.lejaan.sk used for submitting Orders and for the conclusion of the Contract;
- Website refers to www.lejaan.sk;
- Credit means a virtual unit enabling payment of the Price by the Customer via the User Account, when the Customer instead of the Price pays the Seller the appropriate number of Credits. One Credit corresponds to the amount of EUR 1, the validity of the Credits is limited in time. Credits are not refundable, i.e. the customer has no right to demand the conversion of Credits into any currency and demand their payment. After payment of the Price in the form of Credits, the relevant Credits will be debited from the Customer's User Account. Credit can be credited to the User Account by the Seller, according to the conditions set out in these GTC, or by the Buyer by creating a User Account and entering the number of the gift voucher issued by the Seller after logging into their User Account (in the My Credits section);
- COD means cash on delivery, which means the price for the service consisting of collecting the Price from the Customer by the transporter on takeover of the Goods from the transporter. The provisions of these GTC on Postage apply similarly to the payment of COD, with the exception of the provision that COD is always paid by the Customer regardless of the amount of the Price;
- Packaging means the price of the specially ordered packing of the Good, typically in for of the present.
- The Contract between the Seller and the Customer is concluded via the Service. The Contract is to be concluded at the time the Seller sends confirmation of receipt (acceptance) of the Order to the Customer. At the same time as confirming the acceptance of the Order, the Seller will also deliver to the Customer via email these GTC in PDF format (for the avoidance of doubt, it is considered that the GTC delivered in this way are the GTC governing the relationship between the Seller and the Customer), as well as maintenance symbols and a description of the consequences of non-compliance maintenance manual. The maintenance symbols that will be delivered to the Customer represent general instructions for the maintenance of textile Goods, while the customer is obliged to carry out maintenance (washing, ironing, cleaning) on the textile Goods in accordance with the pictograms and, where appropriate, the instructions that are associated with the textile Goods, with individual pictograms applies the instructions delivered to him in accordance with this provision.
- The Seller’s obligation to deliver Goods to the Customer and the Customer’s obligation to takeover the Goods, pay the Price and eventually the Postage, COD and Packaging, if such obligation is arising from the contract, to the Seller shall arise upon conclusion of the Contract.
- Any and all relationships between the Seller and the Customer based on or made through or in connection with the Service and Goods offered by the Seller via the Website shall be governed by Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), Act No. 250/2007 Coll., Consumer Protection act, as amended and Act No. 102/2014 Coll. on Consumer Protection in case of the goods and providing the services concluded on distance or aside the business premises of the seller, as amended.
NOTICE TO CONSUMER BEFORE CONCLUSION OF CONTRACT
- Main properties of the Goods are specified on Website.
- Seller’s identification information on:
- business name and registered seat;
- contact telephone number and email address;
- address for handling the warranty claims, complaints or other incentives are provided in article I. of the present GTC.
- The total price of the Goods, including value added tax and all other taxes, as well as the costs of transport, delivery, postage, packaging and other fees are listed on the Website and in these GTC, however the cost of delivering the Goods varies according to the chosen method and transport provider , the method of payment of the Price and Postage and the selected packaging. Delivery costs (Postage), delivery method (transportation), payment method and packaging method are provided to the Customer when choosing transport, payment and packaging, from which the Customer chooses the most suitable packaging, delivery and payment method; however, this information is always provided before the binding confirmation of the Order.
- The contract is never concluded as a contract for a definite or indefinite period or as a contract for repeated performance. The contract is concluded exclusively as a contract for one-time performance, while the subject of performance is the items that are included in the summary of the order as the penultimate step before the binding ordering of these items with the obligation of payment.
- The Seller does not charge any fees or other financial payments for the use of means of long-distance communication.
- The Customer is always obliged to pay the Price and, where applicable, the Cash on Delivery, Postage and Packaging before taking over the Goods. The seller is obliged to deliver the goods within 30 days from the date of conclusion of the contract. The buyer can submit any suggestions and complaints to the Seller at the address firstname.lastname@example.org. Claim handling is described in more detail in Article X of these GTC.
- The consumer has the right to withdraw from the Contract (unless otherwise stated below), within a period of fourteen days, which elapses if it is from the day of acceptance of the Goods, while the Goods are considered to have been accepted by the consumer at the moment when the consumer or third parties designated by him a person, with the exception of the carrier, takes over all parts of the ordered Goods, or if:
- the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
- delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
- supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
- The Consumer may withdraw from the Contract even before the expiry of the withdrawal period.
- The consumer exercises the right to withdraw from the Contract by withdrawing, and this withdrawal must be sent within the withdrawal period to the address of the Seller's registered office, its place of business or to the e-mail address email@example.com, or the registered user can use the option of filling in and sending the form for withdrawing from the Agreement through the User Account. The form for withdrawing from the Contract is called a return form, because it allows the consumer to return the Goods without giving a reason and thereby declare his will to withdraw from the Contract. The return form (form for withdrawing from the Contract) as well as the complaint form is available on the Website or you can use the active link listed in Article XII. Section 9 of these GTC, to download it. The Goods must be sent to the Seller no later than 14 days from the date of withdrawal from the Contract.
- In case of withdrawal from the Contract, the Customer, even if he is a consumer, bears the costs associated with returning the Goods to the Seller, if he does not use the Goods return service described in Article XI. section 1 of these GTC.
- According to the Civil Code the Seller is obliged:
- If it is a defect in the Goods that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the Seller considering the price of the goods or the severity of the defect. Instead of removing the defect, the Buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. The Seller can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the Buyer.
- If it is a defect in the Goods that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the Buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the Buyer has the right to a reasonable discount from the price of the item.
- The Buyer is not entitled to withdraw from the Contract if the Goods are enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery.
- The Seller does not provide guarantees according to stricter principles than the scope established by law.
- The Seller is not bound by the code of conduct.
- Possibilities and conditions for resolving disputes through the alternative dispute resolution system are detailed in Article XII. section 3 of these GTC.
- The Order may only be delivered to the Seller through the Service, either as a registered user holding a User Account or as an unregistered user. In the Service environment, the Customer selects the Goods s/he is interested in, including their properties, if the Service allows for this with the specific item, such as fabric, colour, filling, etc.
- The Service through which the Contract is concluded allows for an Order to be edited until the final Order is confirmed. If the Customer enters data other than those required, the system will not allow the Customer to continue to complete the Order until the error is eliminated, as notified by the system.
- Having confirmed all the fundamental parameters of individual items, the Customer shall move these selected items to the virtual shopping basket by using the command “Move to basket”. All these moved items are indicated in the order form, which constitutes the summary of the Customer’s Order and which the Customer can access either (i) by opening the shopping basket, or (ii) by using the command “Go to order.” In the virtual shopping basket (hereinafter the “Basket”) the Customer is entitled to make certain edits to their Order or, as applicable, may delete certain items in the Basket or add more items. Items can only be added in the Basket by returning from the Basket environment to the e-shop environment and by selecting the command “Move to basket” for the selected item. The Order summary in the Basket, however, expresses the subject of purchase and defines the Goods and the Price. If the Order meets the Customer’s requirements, the Customer selects the payment and delivery method. Postage, and eventually COD and Packaging, is calculated on the basis of the selected payment and delivery method.
- The Customer may pay the Price, Postage and eventually COD and Packaging, if charged, using one of the following methods:
- Payment by payment card using the 3D Secure system; the Customer is redirected to the payment gateway when the Order is completed;
- Payment using GOOGLE PAY, APPLE PAY or PAYPAL services, if the logos of these services are indicated in the Service; payments using these services are governed by the terms of conditions of the service operators.
- COD. If this payment method is selected, the Customer pays the Price and Postage and COD to the selected carrier upon acceptance of the Goods.
- Payment in advance by bank transfer. If the bank transfer option is selected, the Seller sends an advance invoice to the Buyer, a method based on which the Customer can pay the Price and Postage. In the event of payment using this method, the Price and Postage shall be deemed as paid at the time the Price and Postage are credited to the Seller's bank account, provided that the Customer’s payment is assigned the correct variable symbol indicated on the advance invoice; otherwise the Price and Postage shall not be paid and the Seller shall return the paid amount to the account from which it was sent (this shall not apply in the event of a special arrangement between the Seller and the Customer, concluded as a minimum by email).
- By Credit through the User Account. If the amount of Credits does not correspond to the Price, the Buyer is obliged to pay the difference in one of the options according to Article III paragraph 4 letter a) - d) of these GTC.
- When using a payment card option, the Customer is obligated to enter the required data in the individual fields displayed by the Service. The Seller accepts the payment cards indicated on the page at the time of payment by card.
- If using the COD option, the Customer is obligated to pay the Price, Postage, CDO and eventually Packaging to the Seller upon assuming the Goods, in the manner permitted by the selected carrier. The Customer is only entitled to pay the Price and Postage in cash in the event that the cash on delivery option, if permitted by the selected carrier, and if the price does not exceed equivalent of €10.000.
- After selecting the payment method, the Customer clicks on the "continue" button, which moves to the "delivery data" tab. The delivery data represents both the place of delivery and the invoicing place, if it is different from the place of delivery. He also fills in his contact telephone number possibly a note for the Seller in relation to his Order. In order to place a binding Order, the Customer must actively check that he has familiarized himself with these GTC. The box whether he wants to receive the newsletter or not is optional, depending on the Customer's preferences. Further on this tab, the Customer is informed about the facts according to § 4 par. 1 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises, i.e. he is informed about what he is ordering, at what price, with what transport, to what place, with which Post, COD and possibly Balným, so this is the last summary of the Order, when it is still possible to cancel the Order, without causing any consequences. If s/he agrees with the data in the Order and is interested in entering into the Contract, the Customer shall confirm the Order in the system by clicking a special banner marked “FINISH ORDER – with obligation to pay”. Once the Order has been confirmed, the Customer cannot remove any errors; however, s/he may request such errors be removed using the procedure under clause 8 below. The Customer may correct errors identified during the Order check prior to confirming it in the system at any time.
- If there is an error in the Order, the Customer is entitled to report the error without undue delay, using the contact email indicated on the Website, as once the Seller’s Order receipt confirmation has been delivered, the Order may only be changed subject to special arrangement with the Seller.
- The Customer is obligated to complete individual fields of the Order based on the pre-set parameter requirements. The Customer is notified of mandatory fields in the Order. The Customer is obligated to ensure that all the data entered in the Order are true and binding.
- The Customer is entitled to cancel his/her Order by email sent to the contact email address indicated on the Website before Goods are shipped.
- The Seller is entitled to cancel the Contract if the Order is found to contain inaccurate or incomplete data necessary required for fulfilling the needs of the Contract or if the Seller discovers that s/he is unable to perform the Contract due to an extraordinary, unforeseeable event in the warehouse system.
- Personal data required for due fulfilment of the Contract by the Seller shall be entered in the Order. If the Customer requires so, they may tick the “Enter company data” checkbox, allowing them to enter their Company Registration Number, Tax Registration Number and VAT Registration Number in the Order. If the Customer wishes to have Goods delivered to an address other than the billing address, they tick the respective checkbox and the system will create a field for the delivery address.
- If the Customer wishes to offer Goods as a gift, they tick the respective checkbox and their Goods will be gift wrapped and delivered to the entered address. A personal message can also be added. In such a case the package will not contain any indication of price, only the delivery invoice. The invoice will be sent to the Customer’s email address, not to the recipient of the Goods.
- For an Order to be delivered, the Customer is to consent to these GTC and express his/her consent by ticking the respective checkbox and agreeing with the processing of personal data. If the Customer wishes to receive news from the Service, s/he is to tick the “I want to receive the newsletter” checkbox.
- The Price of the Goods will always be indicated inclusive of value added tax, regardless of when it is shown; this will not affect the arrangement under which only the Price shown in the Order summary is binding. The Price is to include value added tax at the rate applicable on the day on which the Order is made. If the value added tax rate changes between the day the Order is made and the day the Goods are shipped, the Customer is obligated to pay the difference, if any, in the same manner in which they pay the Price; this shall not apply to the Customer, which, according to laws governing the Contract, is considered as consumer. If the value added tax is decreased, the Seller shall return the overcharge on the Price, if any, to the Customer within 5 working days of the day of delivery of the Customer’s notice for return of the overcharge.
- The tax document relating to the Price shall be delivered to the Customer by email and/or via the User Account.
- If the price of any item on the Website is marked as "Sale” or otherwise marked as a “discount”, that discounted or sale price shall only apply until stocks are sold out or the price is modified.
- In the basket the Customer has the option of entering an obtained discount code in the applicable field; this code will provide a discount on certain Goods or the Price of the Order.
CONCLUSION OF THE PURCHASE CONTRACT
- The purchase contract is to be concluded at the time the Seller confirms receipt of the Order.
- Based on the concluded Contract, the Seller is obligated to deliver Goods to the address indicated by the Customer in the Order, eventually to the place chosen for pick up with the transporter, according to choose of the Customer (hereinafter the “Delivery Location”). The Customer is obligated to accept Goods at the Delivery Location and to pay the Price and Postage unless they have already been paid in advance. If the Customer fails to accept the Goods at the Delivery Location, the Goods will be returned to the Seller by the carrier at the Customer’s expense. The Delivery Location will also refer to a place other than the Delivery Location, arranged specifically between the carrier and the Customer as the location for accepting the Goods upon their delivery. The delivery of Goods by the carrier will be governed by the conditions of the selected carrier.
- The Buyer acquires ownership of the Goods at the point (i) of accepting Goods and (ii) s/he pays the Price and Postage and eventually, COD and Packaging (provided such services has been chosen by the Customer).
- The Goods as indicated on the Website are illustrative only. The Seller reserves the right to correct/modify the specifications of any items presented on the Website, depending on the newly identified circumstances of such items.
- The performance period (or delivery period) starts from the date of conclusion of the Contract and is 30 days long. The Seller undertakes to send the goods via the carrier chosen by the Customer, in the shortest possible time according to its operational capabilities.
- If the Customer opts to pay in advance to a bank account, the delivery term commences on the date on which the Price and Postage and eventually Packaging are credited to the Seller’s bank account.
- The Seller informs that he is able to send the Goods within 2-3 working days on average, but usually no more than 14 working days.
- The Seller informs the Customer, when choosing a suitable carrier, of the estimated date of delivery of the Goods. The term determined in this way is only indicative.
- In the event that, during the processing of the Order, the Seller discovers that it is not in his power to meet the above-mentioned performance deadline, he informs the Customer about the expected performance deadline. The deadline for the delivery of the Goods does not run from the moment the Seller informs the Customer about the impossibility of delivering the Goods within the specified period until the Customer agrees on a new deadline for the delivery of the Goods.
OTHER RIGHTS AND OBLIGATIONS
- In addition to other obligations outlined in these GTC, the Customer undertakes to:
- Follow the instructions and advice available at www.lejaan.sk and these GTC when using the Seller’s services;
- Assume Goods from the Seller via the selected carrier in accordance with and under the conditions of the selected carrier;
- Provide to the Seller, without undue delay, any cooperation necessary for ensuring proper delivery. The term of the Contract will be extended by the period of time from the dispatch of the Seller’s request for cooperation to the Customer for the provision of such cooperation by the Customer.
- If the Customer fails to accept the Goods from the carrier, the Contract will be cancelled without notice as of the date of return of the Goods to the Seller by the carrier. The Customer is obligated to pay the Seller delivery costs and return of the Goods and the costs of the Order settlement. The provisions of these GTC concerning the rights and obligations of the Parties in connection with the cancellation of the Contract by withdrawal will apply accordingly.
- The LEJAAN sample book, which contains, depending on the selected variant, the materials and colours that the Seller uses for the production of other Goods is also considered as Goods. The LEJAAN sample book is available in different variants depending on the offer published on the website www.lejaan.sk. In relation to the purchase of a LEJAAN sampler, the provisions of these GTC on the purchase of other Goods apply similarly, but with the following modifications:
- After payment of the purchase price of the LEJAAN sampler, the Customer will receive a voucher with a code to his chosen email, on the basis of which he is entitled, during the next purchase of Goods, to deduct the purchase price of the purchased LEJAAN sampler from the purchase price of the Goods from the next purchase. By redeeming the voucher, the purchase price of the LEJAAN sampler is considered refunded.
- If the sampler is returned to LEJAAN within 14 days from the date of its purchase, the purchase price of the sampler will be refunded to the Customer, if it has not already been returned by redeeming the voucher in the next purchase. When returning the LEJAAN sampler, the Seller deactivates the voucher and it cannot be used further if it has not been used before.
- If the Customer uses the voucher, he is not obliged to return the purchased LEJAAN sample book; this does not exclude his right to return the LEJAAN sampler to the Seller.
- Voucher obtained by purchasing a LEJAAN sample book cannot be used together with any discount, discount code or other marketing campaign;
- The voucher obtained by purchasing a LEJAAN sampler can only be used for a period of 30 days from the date of receipt of the LEJAAN sampler.
- For the purposes of placing an Order and using the services provided by the Seller via the Website, the Customer is entitled to register in the Seller’s system operated on the Website and to create their User Account. They may also do so while placing an Order, by selecting the option of creating a User Account.
- For the purposes of successful registration (set-up of a User Account), the Customer is obligated to enter the following accurate data when registering:
- First name and surname;
- Electronic mail (email) address;
- Mobile phone number;
- Exact address and postcode;
- Password, to be confirmed during registration.
- After successful registration, a confirmation email is sent to the Customer with a special request to confirm profile activation. This involves verifying the entered electronic address and that it belongs to the person who activates the User Account. After clicking on the profile activation banner, the Customer will be asked to confirm that he agrees to the processing of personal data for the purposes of managing and managing the User Account. The processing of this data is necessary for the management of the User Account service, therefore the User Account cannot be established for a person who does not agree to the processing of his data.
- For the purposes of logging in to the User Account, the Customer will only enter their email address and password used for registration. The Service allows log in via personal verification of Facebook service user.
- The Customer is obligated to keep confidentiality on the information required for access into their User Account.
- The Customer is not entitled to enable third parties access to the User Account.
- The Seller may cancel the User Account, in particular in the event that the Customer does not use their User Account for longer than 1 year or if the Customer breaches their obligations arising from the Contract (including the GTC). The Customer is also entitled to cancel the User Account by sending an email message with a request for cancellation of the User Account to the contact email indicated on the Website.
- The Customer acknowledges that the User Account and the system may not be available all the time, especially because arising from the need for necessary maintenance of the Seller’s hardware and software or the necessary maintenance of third parties’ hardware and software.
- The system is fully compatible with the following updated software: Microsoft Edge, Mozilla Firefox, Safari, Chrome.
- The Customer agrees to retain information on the history of their Orders in the User Account environment. Orders will be retained by the Seller for 5 years. Based on a special request, the Customer’s Order can be sent to the Customer’s email
- The customer agrees to use remote means of communication when concluding the Agreement. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Agreement (costs of Internet connection, costs of telephone calls) are paid by the Customer himself, and these costs do not differ from the basic rate.
- By using the services on the Site, the Customer or any other user is obliged to comply with these General Terms and Conditions and confirms that he has familiarized himself with the General Terms and Conditions. The Seller is entitled to change and supplement the GTC at any time, with the understanding that any changes and additions to the GTC (hereinafter referred to as the "New GTC") are effective on the day they are made available on the Website. Contracts concluded before the New GTC are made available on the Site are governed by the GTC valid before such a change; the same procedure applies to Orders that were sent to the Seller before the New GTC were made available on the Website.
PERSONAL DATA AND GDPR
- The principles of personal data protection are set out in a special document entitled "Information on the processing of personal data", which is available here: https://www.lejaan.sk/spracovanie-osobnych-udajov-3s.
- The processing of the Customer's personal data in the scope of first and last name, address, identification number, tax identification number, e-mail address, telephone number (hereinafter referred to as "personal data") is necessary in accordance with Art. 6 par. 1 letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter referred to as "GDPR") to fulfill of a contract to which the affected person is a party or to take measures prior to concluding the contract based on the request of the affected person.
- The Customer agrees to the processing of personal data by the Seller, for the purpose of concluding and fulfilling the Agreement and further for the purpose of maintaining the Customer's User Account. If the Customer, who is not a data subject within the meaning of Art. 4 par. 1 GDPR, does not choose another option, agrees to the processing of personal data by the Seller also for the purpose of sending information and business notifications to the Customer. Consent can be revoked at any time through the form that is part of the Information on the processing of personal data available on the Website.
- The customer is obliged to provide his personal data correctly and truthfully.
- The Seller may authorize a third party as an intermediary to process the Customer's personal data. Personal data will not be provided to third parties by the Seller without the prior consent of the Customer, except for persons transporting the Goods and intermediaries.
- The Customer agrees to send information related to the Seller's services or company to the Customer's e-mail address and further agrees to the Seller's sending business notifications to the Customer's e-mail address, if he checked the box "I want to receive a newsletter with news" when completing the Order.
- The Customer agrees to the storage of data files improving the individual display of the web environment for the Customer, the so-called cookies to his computer. In the event that it is possible to conclude the Agreement in the system and fulfill the Seller's obligations from the Agreement, without cookies being stored on the Customer's computer, the Customer may revoke the consent according to the previous sentence at any time. Details on the storage of cookie files are contained at https://www.lejaan.sk/subory-cookie-4s.
- Any notice from the Seller to the Customer is delivered to the e-mail address listed in the system, unless the Seller uses a mobile phone to communicate.
RIGHTS ARISING FROM DEFECTS, COMPLAINTS
- The Seller does not provide to the Customer, who is not the consume according to laws governing the Contract, any quality guarantee on Goods to the Buyer.
- The Buyer, who is a consumer in terms of the legal order that governs the Contract, is entitled to exercise the right from a defect that occurs on the Goods within a period of 24 months from their receipt. The Seller is responsible for defects in the Goods that the Goods have when the Buyer takes them over. The product is defective if:
- the item has the properties agreed upon by the parties, and if this agreement is missing, that it has the properties that the seller or manufacturer described or that the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them;
- the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used;
- the thing is in the corresponding quantity, measure or weight; a
- the matter complies with the requirements of legal regulations.
- if a defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt.
- The Seller's fulfilment is considered proper even if the fulfilment shows certain deviations in terms of dimensions or weight, if the deviation does not exceed 5%. The Seller is also not responsible for defects in the Goods caused by improper or inappropriate handling or use, improper storage, improper storage or defects caused by natural disasters, and is also not responsible for defects caused by the Buyer or a third party. When handling the Goods in any way, the Buyer is obliged to proceed according to the instructions attached to the Goods and, if they were not attached to the Goods, according to the principles of usual caution.
- The Buyer has the right to satisfy his right from liability for defects in the Goods in the following ways:
- to eliminate the defect by delivering a new thing without a defect or by delivering a missing thing, unless it is disproportionate due to the nature of the defect, but if the defect concerns only a part of the thing, the Buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the Contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge;
- to eliminate the defect by repairing the item,
- for a reasonable discount from the Price, or
- withdraw from the Contract.
- The Buyer shall notify the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the Buyer that he will not remove the defects, the Buyer may demand an appropriate discount from the Price instead of removing the defect, or may withdraw from the contract.
- If the Buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract - see below. The buyer-consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, exchange a part of it or repair the item, as well as in the event that the seller does not make repairs in a reasonable time, or that ensuring the repair would cause significant difficulties for the consumer.
- If defective performance is a minor breach of contract, the Buyer has the right to eliminate the defect or to receive an appropriate discount from the purchase price. If the Buyer does not exercise the right to a discount from the purchase price or withdraw from the contract, the seller can deliver what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.
- The Buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair (third complaint of the same defect) or due to a larger number of defects (at least 3 defects at the same time). In such a case, the Buyer - consumer also has the right to withdraw from the contract. Upon delivery of a new item, the Buyer returns the originally delivered item (including all supplied accessories) to the Seller at his expense. If the Buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and due diligence, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
- If damage occurs to the Buyer in connection with the Seller's responsibility for defects in the Goods, compensation for such damage, including lost profit, is limited to the price of the Goods stated in the Order. The Seller's liability for defects in the Goods as well as damage to the Buyer is excluded, if the defects in the Goods were caused by force majeure or the improper actions of the Buyer or another person other than the Seller.
- The Buyer has the right to complain about defects in the Goods, i.e. to exercise his rights, which correspond to the Seller's responsibility for defects in the Goods, in accordance with these GTC and the instructions contained therein and the Civil Code.
- If the Goods are delivered with obvious defects, the Buyer is obliged to complain about the defects of the Goods within 3 working days from the day of receipt of the Goods. The delivery of a different quantity of the Goods, or the delivery of the Goods in a different design than that agreed in the Contract, is also considered an obvious defect of the Goods. If the specified period expires in vain, it is considered that the Goods were delivered properly and without defects, unless the Civil Code provides otherwise.
- If the Goods are delivered by the transporter in damaged packaging, or if the Buyer has doubts when receiving the Goods as to whether the Goods show signs of damage, the Buyer and the transporter shall draw up a written complaint about the Goods on the spot. In such a case, the buyer has the right not to accept the damaged shipment. By signing the shipping document, the Buyer agrees to take over the Goods and confirms that he has taken over the Goods without visible damage or defects.
- The Buyer technically claims responsibility for a defect in the Goods (complaint) by filling out the complaint form that is delivered to him with the Goods and by delivering them to the Seller with the Goods. Goods can be claimed whenever the Seller's responsibility for defects in the Goods is applied. In the event that the Buyer complains about the Goods, he is obliged to indicate in the "Reason for complaint" field the justification of his complaint by stating the defect and describing the defect and how it manifests itself (so that the claimed defect cannot be confused with another defect); otherwise it is not a complaint.
- After the warranty claim, the Seller will send the Buyer by e-mail a confirmation of receipt of the claim, which contains information about when the Buyer exercised the right, what is the content of the exercised right and what method of exercise of the right the Buyer requires.
- In the event of a justified complaint, the Buyer has the right to payment of the necessary costs associated with the transportation of the Goods. Goods sent on cash on delivery will not be accepted.
- If the Seller finds that the claim is not justified during the processing of the claim, the Buyer is obliged to bear the costs of transporting the Goods related to the claim, in a flat amount of €8, unless he delivers the Goods at his own expense; this does not apply to the Buyer, who in terms of the legal order governing the Contract is considered a consumer, however, this does not affect the Seller's right to compensation for damages (especially if it concerns e.g. abusive exercise of rights, etc.).
- The Buyer is entitled, in the case of handling claims by the Seller in violation of these General Terms and Conditions or the Civil Code, to contact the Seller with a proposal for an out-of-court settlement of the matter.
- The Seller undertakes to deal with the consumer's complaint within 30 days of its delivery to the Seller. If the consumer's complaint is not handled within this period, the Buyer has the right to exchange the Goods for another (same) one or withdraw from the Contract. The choice between exchanging the item and withdrawing from the Contract belongs to the Buyer, while he is obliged to inform the Seller which of the options he has chosen.
- The Buyer has the right to withdraw from the contract in accordance with the law. Quick information on returns and complaints of goods is available on the Website here: https://www.lejaan.sk/vratenie-a-reklamacia. The Buyer technically applies the withdrawal by filling out the return form that he received with the Goods. This printed form with the Goods, in relation to which he withdraws from the Contract, will be delivered by the Buyer-consumer through the "Packeta" service, which is operated by the company Packeta Slovakia s. r. o., IČO 48136999, entering the code 958 846 35. For this purpose, the Buyer properly wraps the Goods, including the return form, and submits them at any Packet branch and uses the above code when submitting them; the cost of returning the Goods in this way is borne by the Seller. The Buyer shall bear the costs of returning the Goods in any other way and for any other case than specified in this paragraph. The Buyer is not obliged to use the return form that was delivered to him together with the Goods, it is sufficient if he fills out the return form, which forms an appendix to the General Terms and Conditions. If the Buyer does not send the Goods together with the return form, the return form must be sent by post or email to the contact addresses listed in Article I. or on the Website.
- If the Buyer is not a consumer, the provisions of the previous paragraph apply accordingly to the technical performance of the withdrawal from the Contract; in the case of returning Goods whereby there is no legal reason to withdraw from the Contract, the Buyer, who is not a consumer, is obliged to pay to the Seller the shipment costs at a lump-sum rate of €8.
- The provision of paragraph 1 of this article does not apply in the case of a gift voucher, which can only be returned until the moment of its activation, i.e. until the moment when the gift voucher code is entered in the User Account in the "my Credits" section and the value of the gift voucher is credited to Credits of the Buyer.
- The Buyer is obliged to indicate the reason of withdrawal from the Contract. Statement of the reason is not mandatory provided the Buyer is a consumer and withdraws within the statutory term of 14 days. For the purposes of these GTC, withdrawal made without an existing statutory or contractual reason will not be deemed as withdrawal and will not result in the effects intended by the withdrawal.
- Goods are never to be returned using the cash in delivery method; in such case Goods will not be accepted by the Seller and this will not constitute the Seller’s default in acceptance of the Goods.
- If the Buyer withdraws from the Contract in whole or in part and returns the Goods, in relation to which the Contract has been cancelled by the Buyer’s withdrawal, in the condition required by these GTC or by the law, the Seller is to return the Price of such Goods to the Buyer within two weeks of the date of delivery of the notice of withdrawal and the Goods to which the withdrawal applies. In the case of withdrawal by the Buyer – consumer due to an existing statutory or contractual reason, the Seller will return to the Buyer - consumer the Price, including the costs of delivery of the Goods, in the same manner in which s/he accepted them from the Buyer - consumer, without undue delay, no later than within fourteen (14) days of the date of delivery of receiving notice of withdrawal from the Contract. However, the Seller is not obligated to return the purchase price of the Goods, including the costs of delivery of the Goods, to the Buyer - consumer before the Buyer - consumer hands over the returned Goods. For avoidance of any doubts, the Buyer agrees that in the event of using Credits for the purchase of Goods, the Price will be returned to him again in the form of crediting the corresponding Credits to his User Account.
- Due to hygienic conditions, used goods cannot be returned. Used Goods are considered goods that have been handled beyond the scope of the necessary inspection of the Goods.
- If the Buyer withdraws from the Contract within 14 days from the delivery of the Goods, the Buyer is responsible for the reduction in the value of the Goods, which occurred as a result of such handling of the Goods, which is beyond the scope of handling necessary to determine the properties and functionality of the Goods. After withdrawal, the Buyer is obliged to hand over to the Seller everything that he received on the basis of the Contract; this does not affect the Buyer's obligation according to the previous sentence. If this is not quite possible (e.g. in the interim, the Goods were partially unpacked, soiled, or the packaging was damaged in any way), the Seller has the right to calculate the damage according to the current price list. In such a case, the Seller returns to the Buyer only the Price reduced in this way. Against the Price to be returned to the Buyer, the Seller can offset the costs actually incurred in connection with the return of the Goods. If the value of the Goods has decreased, the Seller is entitled to charge the costs incurred thereby. Despite the above, the Seller is entitled to unilaterally decide that, in a specific case, he will return the paid Price to the Buyer, but only in the form of Credits, on the condition that the Buyer - consumer agrees to the return of the Price in the form of Credits. If the Buyer does not agree to the return of the Price in the form of Credits, the Seller's decision to return the Price is regarded as if it had never been made.
- The Seller is entitled to withdraw from the Contract should the Buyer not accept Goods within 7 days of the reported date of delivery or within 7 days of its storage at the carrier.
- The Seller is entitled to withdraw from the purchase contract in the event that the Goods are not delivered by the supplier; the Seller is to notify the Buyer accordingly without any delay in writing.
- The Contract is only to be concluded in Czech and English language.
- The Seller will not be bound by any code of conduct with respect to the Customer.
- Out-of-court handling of consumer complaints is provided by the Seller via the electronic address firstname.lastname@example.org. Information on handling the Customer's complaint will be sent by the Seller to the Customer in accordance with these GTC. In the event that a consumer dispute arising from the contract arises between the Seller and the Customer, which cannot be resolved by mutual agreement, the Customer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is for example:
Slovak Trade Inspection (Slovenská obchodná inšpekcia)
827 99 Bratislava 27
The Customer shall use also platform for dispute settlement online, which is established by European Commission on following address: http://ec.europa.eu/consumers/odr/. The Seller recommend to contact the Seller for settlement of occurred situation before opening out-of-court dispute settlement.
- The seller is authorized to provide his services on the basis of a trade license. Trade inspection is carried out by the relevant trade office within its scope. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, and no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the business premises.
- If any provision of the terms and conditions is or becomes invalid or ineffective, such an invalid or ineffective provision shall be replaced by a provision, the purpose of which approximates the purpose of the invalid or ineffective provision as closely as possible. The invalidity or ineffectiveness of a provision shall not affect the validity or effectiveness of other provisions. Changes to the Contract or the terms and conditions are to be made in writing.
- The Contract, including the terms and conditions, is to be kept by the Seller in electronic form and shall not be made accessible.
- The terms and conditions include a sample contract withdrawal form, available at www.lejaan.sk. The Customer may use the sample form but in that case the Customer is obligated to arrange shipment of the Goods to the Seller. For this purpose, the Seller recommends using the special environment of the User Account or the link sent by the Seller to the Customer along with the Order confirmation as if the option of withdrawal using this User Account environment or the received link is used, the withdrawal is settled along with the services described in these GTC above.
In Prague, on 01 February 2023
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
(fill in and send this form only if you wish to withdraw from the contract)
LEJAAN s.r.o., with registered office at Šumavská 931/13, Vinohrady, 120 00 Prague 2, ID: 285 99 349, VAT number: CZ28599349, company registered in the commercial register under no. C158886 conducted by the Municipal Court in Prague
I/we hereby announce* that I/we are withdrawing* from the contract for these goods:
Date of order/date of receipt* ............../................
Name and surname of the consumer(s)* ............................
Address of the consumer/consumers* .............................................
Signature of the consumer/consumers* (only if this form is submitted in paper form) ....................
A date ..............
* Cross out if not applicable.