General terms and conditions
GENERAL TERMS AND CONDITIONS
I.
INTRODUCTORY PROVISIONS
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These general terms and conditions (hereinafter referred to as the " GTC ") govern the rights and obligations of the contracting parties in concluding and performing the purchase contract (hereinafter referred to as the " Contract ") between the Seller on the one hand and the Customer, as the buyer, on the other hand, the subject of which is the sale of the Goods and their delivery to the Customer. For the purposes of these GTC, the Seller means the company:
Business name: LEJAAN sro
Headquarters: Šumavská 931/13, Vinohrady, 120 00 Prague 2
ID: 285 99 349
VAT number: CZ28599349
Commercial register entry: file number C158886 kept by the Municipal Court in Prague
contact details:
Operating company: U Kolory 231, 463 12 Liberec, Czech Republic
Customer service contact details:
email: info@lejaan.sk
current number: +420 722 920 930
Orders, returns and complaints:
email: customerservice@lejaan.sk
current number: +420 725 436 172
- The Customer is obliged to familiarize themselves with these GTC before using the Service.
- The subject of the contract is the Seller's obligation, in accordance with these GTC, to deliver the Goods to the Customer, to enable him to acquire ownership of them, and the Customer's obligation to take over the Goods and pay the Seller the Price and Postage, COD and Packaging.
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For the purposes of these GTC, the following terms, beginning with capital letters, have the following meaning:
- The Customer is the person using the Service and for the purposes of these GTC may also be referred to as the Buyer. If the Customer is a consumer, he may also be referred to as the consumer in these GTC.
- The holder of the User Account is the person who created the User Account on the website www.lejaan.sk .
- The user account is the user interface available through the website www.lejaan.sk .
- An Order is understood as a binding proposal of the Customer to conclude a Contract addressed to the Seller. The Price is the financial amount that the Buyer undertakes to pay to the Seller for the Goods under the Contract and which is specified in the Order; in the event of a discrepancy between the price stated for an individual type of Goods and the price stated in the Order summary, the price stated in the Order summary is binding.
- Goods are understood to mean things whose specifications and characteristics are listed on the Website and which are offered for sale on the Website, and which were placed by the Customer in the Order by placing these things in the 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 to be Goods).
- Postage means the amount charged to the Customer in addition to the Price, if the Price is lower than €115, for which the Seller undertakes to ensure the transport of the Goods to the place designated by the Customer within the Slovak Republic and, in the event of the Customer not accepting the Goods, also the transport of the Goods from the place where the Goods should have been delivered to the Customer back to the Seller; unless transport outside the Slovak Republic is specifically agreed.
- Service is understood as the internet environment on the website www.lejaan.sk , through which Orders are submitted and the Contract is concluded.
- The website means the website www.lejaan.sk .
- Credit is a virtual unit enabling the Customer to pay the Price through the User Account, when the Customer pays the Seller the appropriate number of Credits instead of the Price. One Credit corresponds to the amount of €1, the validity of the Credits is limited in time. Credits are non-refundable, i.e. the Customer does not have the right to request the conversion of Credits into any currency and request their payment. After paying the Price in the form of Credits, the relevant Credits will be debited from the Customer's User Account. The Seller may credit the Credit to the User Account, in accordance with the conditions set out in these GTC, or the Buyer may do so by creating a User Account and, after logging into their User Account (in the "my Credits" section), entering the number of the gift voucher issued by the Seller.
- Cash on delivery means the price for the service consisting in the collection of the Price from the Customer by the carrier upon receipt of the Goods from the carrier. The provisions of these GTC regarding Postal Payment shall apply mutatis mutandis to the payment of Cash on Delivery, except for the provision that Cash on Delivery is always paid by the Customer regardless of the amount of the Price.
- Packaging means the price of specially ordered packaging of the Goods, typically in the form of a gift.
- The Agreement is concluded between the Seller and the Customer through the Service. The Agreement is concluded at the moment when the Seller sends the Customer a confirmation of receipt (acceptance) of the Order. Simultaneously with the confirmation of receipt of the Order, the Seller will also deliver these GTC in PDF format to the Customer via email (for the avoidance of doubt, it is considered that the GTC delivered in this way are the GTC that govern the relationship between the Seller and the Customer), as well as maintenance symbols and a description of the consequences of failure to comply with the maintenance instructions. The maintenance symbols that will be delivered to the Customer represent general instructions for the maintenance of textile Goods, and the Customer is obliged to perform maintenance (washing, ironing, cleaning) on the textile Goods in accordance with the pictograms and, if applicable, instructions that are associated with the textile Goods, while applying the instructions that are delivered to him according to this provision to the individual pictograms.
- By concluding the Contract, the Seller undertakes to deliver the Goods to the Customer, and the Customer undertakes to accept the Goods, pay the Seller the Price and, if applicable, the Postage, Cash on Delivery and Packaging Fee, if this obligation arises from the terms of the concluded Contract.
- All relationships between the Seller and the Customer based on, through or in connection with the Service and Goods offered by the Seller through the Website are governed by Slovak law, namely Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the " Civil Code "), Act No. 250/2007 Coll., on Consumer Protection, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller's Business Premises.
PROVISION OF INFORMATION BEFORE CONCLUSION OF A CONTRACT
- The main features of the Goods are listed on the Website.
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Seller information about:
- business name and registered office;
- contact telephone number and email address;
- The address for handling complaints, grievances or other suggestions is specified in Article I of these 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 stated on the Website and in these GTC, however, the costs of delivering the Goods vary depending on the chosen method and transport provider, the method of payment of the Price and Postage and the chosen packaging. The costs of delivery (Postage), the method of delivery (transport), the method of payment and the method of packaging are provided to the Customer when choosing transport, payment and packaging, from which the Customer chooses the most suitable method of packaging, delivery and payment; 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 of time or as a contract for repeated performance. The contract is concluded exclusively as a contract for a one-time performance, the subject of which is the items included in the order summary as the penultimate step before the binding ordering of these items with the obligation to pay.
- The Seller does not charge any fees or other financial payments for the use of means of distance communication.
- The Customer is always obliged to pay the Price and, if applicable, the COD, Postage and Packaging Fee 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 may submit any suggestions and complaints to the Seller at info@lejaan.sk . The handling of complaints is described in more detail in Article X. of these GTC.
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The consumer customer has the right to withdraw from the Contract (unless otherwise stated below) within a period of fourteen days, which runs from the date of receipt of the Goods, whereby the Goods are deemed to have been received by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, receives all parts of the ordered Goods, or if:
- goods ordered by the consumer in one order are delivered separately, at the moment of receipt of 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,
- delivers goods repeatedly during a defined period, upon receipt of the first delivered goods.
- The Consumer may withdraw from the Contract even before the withdrawal period begins.
- 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 establishment or to the e-mail address customerservice@lejaan. sk , or a registered user can use the option of filling out and sending the withdrawal form via the User Account. The withdrawal form 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 withdrawal from the Contract) as well as the complaint form is available on the Website or to load it, you can use the active prolink specified in Article XII. paragraph 9 of these GTC. The Goods must be sent to the Seller no later than 14 days from the date of withdrawal from the Contract.
- In the event of withdrawal from the Contract, the Customer, even if he is a consumer, shall bear the costs associated with returning the Goods to the Seller, unless he uses the Goods return service described in Article XI. paragraph 1 of these GTC.
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According to the Civil Code, the Seller is obliged to:
- If the defect in the Goods is remediable, the Buyer has the right to have it remedied free of charge, in a timely manner and properly. The Seller is obliged to remedy the defect without undue delay. The Buyer may, instead of remedying the defect, request the replacement of the item, or if the defect concerns only a part of the item, request the replacement of the part, if this does not cause the Seller unreasonable costs in relation to the price of the goods or the severity of the defect. The Buyer may, instead of remedying the defect, request the replacement of the item, or if the defect concerns only a part of the item, request the replacement of the part, if this does not cause the Seller unreasonable costs in relation to the price of the goods or the severity of the defect. The Seller may always, instead of remedying the defect, replace the defective item with a perfect one, if this does not cause the Buyer serious difficulties.
- If the defect in the Goods cannot be removed and prevents the item from being used properly as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the buyer if the defect is removable, but the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. If other irremovable defects are involved, the buyer has the right to an appropriate discount on 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 warranties according to stricter principles than the scope stipulated by law.
- The seller is not bound by the code of conduct.
- The options and conditions for resolving disputes through an alternative dispute resolution system are set out in more detail in Article XII. paragraph 3 of these GTC.
III.
ORDER
- The Order can be delivered to the Seller only through the Service, either as a registered user with a User Account or as an unregistered user. In the Service environment, the Customer selects the Goods they are interested in, including their properties, such as fabric, color, filling, etc., if the Service allows it for a specific item.
- The Service through which the Contract is concluded allows the order to be edited until the binding confirmation of the Order. If the Customer enters data other than that required, the system will not allow him to continue completing the Order before he removes the defect, of which he will be notified by the system.
- After confirming all the basic parameters of the individual items, the Customer must move these selected items to the virtual shopping cart, using the "add to cart" command. All items thus moved are listed in the order form, which represents a summary of the Customer's Order (Order recapitulation), to which the Customer moves either (i) by opening the shopping cart, or (ii) by using the "proceed to order" command. In the virtual shopping cart (hereinafter referred to as the " Cart "), the Customer is authorized to perform certain editing activities of his Order, or may delete or increase the number of certain items in the Cart. He may add items to the Cart only by returning from the Cart environment to the Store environment and selecting the "add to cart" command for the newly selected item. The Order Summary in the Cart expresses the subject of the purchase and defines the Goods and Price. If the Order corresponds to the Customer's wishes, he enters the command to select the payment and delivery method. Depending on the selected payment method and delivery method, the Customer will be charged Postage, Cash on Delivery and Packaging Fees.
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The Customer can pay the purchase price and Shipping and Packaging and possibly also COD, if charged, using one of the following options:
- Payment by credit card using the 3D Secure system, with the Customer being redirected to the payment gateway after completing the Order.
- Payment using GOOGLE PAY, APPLE PAY and PAYPAL services, if the logos of these services are displayed in the Service; payment through these services is governed by the terms and conditions of the operators of these services.
- Payment on delivery. When choosing this payment method, the Customer will pay the Price and Shipping to the selected carrier upon receipt of the Goods.
- Advance payment by bank transfer. When choosing payment by bank transfer, the Seller will send the Buyer an advance invoice, based on which the Customer can pay the Price and Postage by this payment method. When paying by this method, the Price and Postage are considered paid only when the Price and Postage are credited to the Seller's bank account, with the correct variable symbol specified in the advance invoice being assigned to the Customer's payment; otherwise, the Price and Postage will not be paid and the Seller will return the paid amount back to the account from which it was transferred (this does not apply if there is a special agreement between the Seller and the Customer, at least by e-mail).
- 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 using one of the options according to Art. III, para. 4, letters a) - d) of these GTC.
- When using a payment card, the Customer is obliged to enter the required data in the individual fields offered by the Service. The Seller accepts payment cards that are displayed when paying by card.
- When paying on delivery, the Customer is obliged to pay the Seller the Price with the Postage upon receipt of the Goods, in the manner permitted by the selected carrier. The Customer is entitled to pay the Price and Postage in cash only in the case of delivery on delivery, if permitted by the selected carrier, but only if the price does not exceed EUR 10,000.
- After selecting the payment method, the Customer clicks on the "continue" button, which will take them to the "delivery details" tab. The delivery details include both the place of delivery and the billing location, if different from the place of delivery. They will then fill in their contact telephone number and a note for the Seller in relation to their Order. In order to place a binding order with the obligation to pay, the Customer must actively check that they have read these GTC. The box whether they want to receive the newsletter or not is voluntary, depending on the Customer's preferences. Furthermore, on this tab, the Customer is informed about the facts pursuant to Section 4, Paragraph 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract 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 what Postage, COD and possibly Packaging, i.e. this is the last summary of the Order, when it is still possible to cancel the Order without causing any consequences. If he agrees with the data on the Order and if he is interested in concluding the Contract, the Customer must confirm the Order in the system by clicking on a special banner marked "Complete order and pay". After confirming the Order, the Customer can no longer remove errors in the Order, but he may request their removal by following the procedure provided for in paragraph 8, as set out below. Errors detected when checking the Order before confirming it can be removed in the system at any time by the Customer.
- In the event of an error in the Order, the Customer is entitled, without undue delay, to report the error via the contact e-mail published on the Website, because after receiving the Seller's confirmation of acceptance of the Order, the Order can only be changed based on a special agreement with the Seller.
- In the Order, the Customer is obliged to fill in individual fields according to the requirements of the default parameters. The Customer is notified of the fields with mandatory data in the Order. The Customer is obliged to provide all data that is filled in the Order truthfully and is binding.
- Until the Goods are dispatched, the Customer is entitled to cancel their Order by email to the contact email address provided on the Website.
- The Seller is entitled to cancel the Contract if it discovers that the Order contains incorrect or incomplete data for the performance of the Contract, or if it discovers that it is unable to fulfill the Contract due to extraordinary, unforeseeable circumstances in the warehouse system.
- The Order must include personal data necessary for the proper fulfillment of the Contract by the Seller. If the Customer so requests, he has the option to check the box "add company data", which will allow him to enter the Company ID, VAT ID and VAT ID in the Order. If the Customer is interested in delivering the Goods to a different address than the billing address, he must check the appropriate box, thanks to which the system will create a field for entering the delivery address.
- If the Customer is interested in giving the Goods as a gift, they will check the appropriate box and their Goods will be delivered to the address they have entered, wrapped in a gift wrap. It is also possible to add a personal message. In this case, no price information will be included in the package, only a delivery note. The invoice will be sent to the Customer by e-mail, not to the recipient of the Goods.
- To complete the Order, the Customer must agree to these GTC and express their consent by checking the appropriate box and agree to the processing of personal data. If they are interested in receiving news from the Service, they must check the box "I want to receive a newsletter with news".
IV.
PRICE
- The price of the Goods is always stated including value added tax, regardless of the moment of its display; this does not affect the arrangement according to which the Price is bindingly displayed exclusively in the Order summary. The Price includes value added tax in the amount valid on the day the Order is placed. In the event that the amount of value added tax changes in the period after placing the Order and before sending the Goods, the Customer is obliged to pay any difference in the same way as he pays the Price; the above does not apply to the Customer, who is considered a consumer under the legal order governing the Contract. If there is a reduction in value added tax, the Seller will refund any overpayment on the Price to the Customer within 5 business days from the date of delivery of the Customer's request for a refund.
- The tax document relating to the Price of the Goods is delivered to the Customer via email and/or User Account.
- If the Price of any item on the Site is marked as "sale" or otherwise marked with the words "discount", then such discounted or sale price is valid only until supplies last or the Price is adjusted.
- In the cart, the Customer has the option to enter the discount code they have received in the appropriate field, which will correspondingly reduce the price of a Product or the Order Price.
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Terms and conditions of the Seller's loyalty program:
- The Seller undertakes to provide each Customer, under the conditions set out below, with a discount of 10% of the total purchase price including VAT, if the Customer has purchased any of the Seller's goods through the Service within a period of no more than 18 months prior to the purchase and this previous order is recorded as "fulfilled/delivered" in the User Account;
- The discount is not provided or awarded for purchases that were cancelled within the statutory withdrawal period;
- The discount is provided automatically, the Customer does not enter any codes; the discount is provided by the system if the purchase is made through a user account and meets the terms of the loyalty program;
- The discount does not apply to already discounted goods and cannot be combined with other marketing campaigns in which the Seller participates or organizes them.
V.
CONCLUSION OF THE PURCHASE CONTRACT
- The purchase contract is concluded at the moment the Seller confirms receipt of the Order.
- Based on the concluded Contract, the Seller is obliged to deliver the Goods to the address specified by the Customer in the Order (hereinafter referred to as the “ Place of Delivery ”). The Customer is obliged to take over the Goods at the Place of Delivery and, if the Postage and Price have not been paid in advance, to pay the Price and Postage. If the Customer does not take over the Goods at the Place of Delivery, the Goods will be returned to the Seller by the carrier at the Customer’s expense. The place of delivery also means a place other than the Place of Delivery, which will be separately agreed upon between the carrier and the Customer as the place of receipt of the Goods when delivering the Goods. The delivery of the Goods by the carrier is governed by the terms and conditions of the selected carrier.
- The Buyer acquires ownership of the Goods at the moment when (i) he/she has received the Goods and (ii) he/she has paid the Price and the Shipping Fee and, if applicable, the COD and Packaging Fee.
- The depiction of the Goods on the Site is for illustrative purposes only. The Seller reserves the right to correct/modify any specification of any item presented on the Site in light of newly discovered facts about such items.
VI.
PERFORMANCE DEADLINE
- The performance period (or delivery period) begins on 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 has decided to use the payment method by paying in advance to a bank account, the performance period begins on the day when the Price and the Postage and/or Packaging Fees are credited to the Seller's bank account.
- The Seller informs that he manages to ship the Goods on average within 2-3 business days, but usually no more than 14 business days.
- The Seller informs the Customer, when selecting a suitable carrier, of the expected delivery date of the Goods. The date determined in this way is only indicative.
- If the Seller, while processing the Order, finds that it is not within its power to meet the above-mentioned delivery period, it shall inform the Customer of the expected delivery period. The delivery period for the Goods shall not run from the moment the Seller notifies the Customer of the impossibility of delivering the Goods within the specified period until the Customer agrees to a new delivery period for the Goods.
VII.
OTHER RIGHTS AND OBLIGATIONS
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In addition to other obligations agreed in these GTC, the Customer undertakes to:
- When using the Seller's services, follow the instructions and guidelines available at www.lejaan.sk and these GTC;
- To receive the Goods from the Seller through the selected carrier in accordance with and under the terms and conditions of the selected carrier;
- Provide the Seller without undue delay with the cooperation necessary for the provision of proper performance. The period of performance of the Contract is extended by the period from the sending of the Seller's request for cooperation to the Customer until the time of provision of cooperation by the Customer.
- If the Customer does not take delivery of the Goods from the Carrier, the Contract shall be terminated without further notice as of the date of return of the Goods by the Carrier to the Seller. The Customer shall be obliged to pay the Seller the costs of delivery and return of the Goods and the costs of processing the Order. The provisions of these GTC on the rights and obligations of the contracting parties in connection with the termination of the Contract by withdrawal shall apply accordingly.
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The LEJAAN sample book is also considered a Product, which contains, depending on the selected variant, materials and colors that the Seller uses to produce other Products. The LEJAAN sample book is available in various variants depending on the offer published on the Website. In relation to the purchase of the LEJAAN sample book, the provisions of these GTC regarding the purchase of other Products apply similarly, but with the following modifications:
- After paying the purchase price of the LEJAAN sample book, the Customer will receive a voucher with a code to their chosen email address, based on which they are entitled, when purchasing the Goods again, to deduct the purchase price of the purchased LEJAAN sample book from the purchase price of the Goods from the next purchase. By redeeming the voucher, the purchase price of the LEJAAN sample book is considered refunded.
- If the LEJAAN sampler is returned within 14 days of its purchase, the Customer will be refunded the purchase price of the sampler, unless it has already been refunded by redeeming the voucher for another purchase. When returning the LEJAAN sampler, the Seller deactivates the voucher and it cannot be used again if it has not been redeemed previously.
- 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 sample book to the Seller.
- The voucher obtained by purchasing a LEJAAN sample book cannot be used together with any discount, discount code or other marketing promotion;
- The voucher obtained by purchasing a LEJAAN sample book can only be used for 30 days from the date of receipt of the LEJAAN sample book.
VIII.
USER ACCOUNT
- For the purposes of placing an Order and using the services provided by the Seller through the Website, the Customer is entitled to register in the Seller's system operated on the Website and create a User Account. He may also do so in connection with placing an Order, when he has the option to tick the option to create a User Account.
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For the purpose of successful registration (creation of a User Account), the Customer is obliged to enter the following truthful data as part of his/her personal registration:
- Name and surname;
- Electronic mail address (e-mail);
- Mobile phone number;
- Exact address and postal code;
- Password that must be reconfirmed during registration.
- After successful registration, the Customer will receive a confirmation email with a special request to confirm the activation of the profile. This is to verify the entered email address and that it belongs to the person activating the User Account. After clicking on the profile activation banner, the Customer will be asked to confirm that he/she agrees to the processing of personal data for the purposes of managing and maintaining the User Account. The processing of this data is necessary for the management of the User Account service, therefore the User Account cannot be created for a person who does not agree to the processing of his/her data.
- To log in to the User Account, the Customer only enters the email address and password used during registration. The Service also allows logging in via Facebook user identification.
- The Customer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
- The Customer is not authorized to allow third parties to use the User Account.
- The Seller may cancel the User Account, in particular if the Customer does not use his/her User Account for more than 1 year, or if the Customer breaches his/her obligations under the Agreement (including the GTC). The Customer is also entitled to cancel the User Account by sending an e-mail message with a request to cancel the User Account to the contact e-mail address provided on the Website.
- The Customer acknowledges that the User Account or the system may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
- The system is fully compatible with the following updated software: Microsoft Edge, Mozilla Firefox, Safari, Chrome.
- The Customer agrees to store information about the history of his Orders in the User Account environment. Orders are stored by the Seller for a period of 5 years. Upon special request, the Customer may have his Order made available to him by sending it to his e-mail.
- The Customer agrees to the use of remote means of communication when concluding the Contract. The Customer shall bear the costs incurred by the Customer when using remote means of communication in connection with the conclusion of the Contract (internet connection costs, telephone call costs).
- When using the services on the Website, the Customer or any other user is obliged to comply with these GTC and confirms that he has read them. The Seller is entitled to amend and supplement the GTC at any time, with any amendments and supplements to the GTC (hereinafter referred to as the " New GTC ") being effective on the date of their publication on the Website. Contracts concluded before the New GTC were published on the Website are governed by the GTC valid before such amendment; the same applies to Orders that were sent to the Seller before the New GTC were published on the Website.
IX.
PERSONAL DATA AND GDPR
- The principles of personal data protection are set out in a separate 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 name and surname, address, identification number, tax identification number, e-mail address, telephone number (hereinafter referred to as " personal data ") is necessary within the meaning of Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as " GDPR ") for the performance of a contract to which the data subject is a party or to take measures prior to entering into a contract at the request of the data subject.
- The Customer agrees to the processing of personal data by the Seller for the purposes of concluding and performing the Contract and further for the purposes of maintaining the Customer's User Account. Unless the Customer, who is not a data subject within the meaning of Art. 4, para. 1 GDPR, chooses another option, he/she agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Customer. Consent may be revoked at any time via the form that is part of the Information on the Processing of Personal Data available on the Website.
- The customer is obliged to provide their personal data correctly and truthfully.
- The Seller may entrust a third party as an intermediary with the processing of the Customer's personal data. Apart from persons transporting the Goods and intermediaries, the Seller will not provide personal data to third parties without the prior consent of the Customer.
- The Customer agrees to the sending of information related to the Seller's services or company to the Customer's email address and further agrees to the sending of commercial communications by the Seller to the Customer's email address, provided that the "I want to receive a newsletter with news" box is checked when completing the Order.
- The Customer agrees to the storage of data files that improve the individual display of the web environment for the Customer, so-called cookies, on his computer. In the event that it is possible to conclude the Agreement in the system and fulfill the Seller's obligations under the Agreement without storing cookies on the Customer's computer, the Customer may revoke the consent in accordance with the previous sentence at any time. Details on the storage of cookies are contained in https://www.lejaan.sk/subory-cookie-4s .
- Any notification from the Seller to the Customer is delivered to the email address provided in the system, unless the Seller uses communication via mobile phone.
X.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS
- The Seller does not provide a guarantee for the quality of the Goods to the Buyer, who is not a consumer within the meaning of the legal order governing the Contract.
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The Buyer, who is a consumer under the legal order governing the Contract, is entitled to exercise the right to a defect that occurs in the Goods within 24 months from the date of their acceptance. The Seller is liable for defects in the Goods that the Goods have when they are accepted by the Buyer. The Goods have a defect if:
- the item has the properties that the parties agreed upon, and in the absence of such an agreement, 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 based on the advertising carried out by them;
- the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used;
- is the thing in the corresponding quantity, measure or weight; and
- the matter complies with the requirements of the 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 performance is considered proper even if the performance shows certain deviations in dimensions or weight, if the deviation does not exceed 5%. The Seller is also not liable for defects in the Goods caused by incorrect or inappropriate handling or use, inappropriate storage, incorrect storage or defects resulting from natural disasters and is also not liable for defects caused by the Buyer or a third party. When handling the Goods, the Buyer is obliged to follow the instructions attached to the Goods and, if they were not attached to the Goods, according to the principles of usual caution.
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The Buyer has the right to satisfaction of his rights under liability for defects in the Goods in the following ways:
- to eliminate the defect by delivering a new item without a defect or by delivering the missing item, unless this is unreasonable due to the nature of the defect, but if the defect only concerns a part of the item, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the Contract. However, if this is unreasonable due to the nature of the defect, in particular if the defect can be eliminated without undue delay, the Buyer has the right to have the defect eliminated free of charge;
- to eliminate the defect by repairing the item,
- for a reasonable discount from the Purchase Price, or
- withdraw from the Agreement.
- The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller's consent; this shall not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remove the defects within a reasonable period of time or if it notifies the Buyer that it will not remove the defects, the Buyer may request an appropriate discount on the Price instead of removing the defect, or may withdraw from the contract.
- If the Buyer does not exercise his right in time, he has the same rights as in the case of a minor 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, replace a part of it or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if ensuring redress would cause the Consumer considerable difficulties.
- If the defective performance constitutes a minor breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price. If the Buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller may deliver what is missing or remove the legal defect. The Seller may remove other defects at its option by repairing the item or by delivering a new item. If the Seller does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller's consent.
- The Buyer has the right to have a new item delivered or a part replaced even in the event of a removable defect, if the item cannot be used properly 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 simultaneously). In such a case, the Buyer - consumer also has the right to withdraw from the contract. When delivering a new item, the Buyer shall return the item originally delivered to the Seller at the Seller's expense (including all supplied accessories). If the Buyer did not notify the defect without undue delay after he could have discovered it during a timely inspection and due diligence, the court shall not grant him the right to defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the Buyer could have discovered it with sufficient diligence, but no later than within two years after handing over the item.
- If damage occurs on the part of the Buyer in connection with the Seller's liability for defects in the Goods, compensation for such damage, including lost profit, is limited to the price of the Goods specified 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 arose due to force majeure or improper actions of the Buyer or another person other than the Seller.
- The Buyer has the right to claim defects in the Goods, i.e. to exercise his rights that correspond to the Seller's liability 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 date of receipt of the Goods. The delivery of a different quantity of Goods, or the delivery of the Goods in a different version than agreed in the Contract, is also considered an obvious defect of the Goods. If the aforementioned 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 carrier in damaged packaging, or if the Buyer has doubts upon receipt of the Goods as to whether the Goods show signs of damage, the Buyer shall make a written record of the complaint about the Goods with the carrier on site. In such a case, the Buyer has the right not to accept the damaged shipment. By signing the transport document, the Buyer agrees to accept the Goods and confirms that he has received the Goods without visible damage or defects.
- The Buyer technically claims liability for a defect in the Goods (complaint) by filling out a complaint form, which is delivered to him with the Goods and delivered to the Seller with the Goods. The Goods can be claimed whenever the Seller's liability for defects in the Goods is claimed. In the event that the Buyer claims the Goods, he is obliged to enter in the "Reason for complaint" field the justification for his claim by stating the defect and describing the defect and how it manifests itself (so that the claimed defect is not interchangeable with another defect); otherwise, it is not a claim.
- After the complaint, the Seller will send the Buyer an e-mail confirmation of receipt of the complaint, which contains information about when the Buyer exercised the right, what the content of the exercised right is and what method of exercising the right the Buyer requests.
- In the event of a justified complaint, the Buyer shall be entitled to reimbursement of the necessary costs associated with the transport of the Goods. Goods sent on delivery will not be accepted.
- If the Seller, when handling the complaint, finds that the complaint is not justified, the Buyer is obliged to bear the costs of transporting the Goods related to the complaint, in the flat rate of €8, unless the Goods are delivered at his own expense; this does not apply to the Buyer, who is considered a consumer under the legal order governing the Contract, but this does not affect the Seller's right to compensation for damages (especially if it concerns, for example, harassing exercise of rights, etc.).
- The Buyer is entitled, in the event of the Seller handling complaints in violation of these GTC or the Civil Code, to contact the Seller with a proposal for out-of-court settlement of the matter.
- The Seller undertakes to resolve the consumer's complaint within 30 days of its delivery to the Seller. In the event that the consumer's complaint is not resolved within this period, the Buyer has the right to exchange the Goods for another (identical) one, or may withdraw from the Contract. The choice between exchanging the item and withdrawing from the Contract belongs to the Buyer, and he is obliged to inform the Seller which option he has chosen.
XI.
WITHDRAWAL
- The Buyer has the right to withdraw from the Contract in accordance with the law. Quick information on the return and complaint of the Goods is available on the Website here: https://www.lejaan.sk/vratenie-a-reklamacia . The Buyer technically exercises the withdrawal by filling out the return form that he received with the Goods. This filled out form with the Goods, in relation to which he withdraws from the Contract, the Buyer - consumer shall deliver via the "Packeta" service, which is operated by the company Packeta Slovakia sro, IČO 48136999, with the code 958 846 35. For this purpose, the Buyer shall properly pack the Goods, including the return form, and submit it to any Packeta branch and use the above code when submitting it; the costs of returning the Goods in this way shall be borne by the Seller. The costs of returning the Goods in any other way and for any other case than those specified in this paragraph shall be borne by the Buyer. 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 is an annex to these GTC. If the Buyer does not send the Goods together with the return form, he is obliged to send the return form by post or email to the contact addresses specified in Article I. or on the Website.
- For the purposes of the technical implementation of withdrawal from the Contract by the Buyer who is not a consumer, the provisions of the previous paragraph shall apply mutatis mutandis, with the proviso that in the event of the return of the Goods, when there is no reason to withdraw from the Contract, the Buyer is obliged to pay the Seller the shipping costs of the Goods in the flat rate of €8.
- The provision of paragraph 1 of this article does not apply to 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 the Buyer's Credits.
- The Buyer is obliged to state the reason for withdrawing from the Contract. Stating the reason for withdrawing from the Contract is not required in the case of a Buyer - consumer who withdraws within the statutory 14-day period. Withdrawal made without a statutory or contractual reason for it is not considered withdrawal for the purposes of these GTC and does not produce the consequences intended by withdrawal.
- The Goods can never be returned by sending them cash on delivery; in such a case, the Goods will not be accepted by the Seller, but this does not constitute a delay by the Seller in accepting the Goods.
- If there is a full or partial withdrawal from the Contract and the Buyer has returned the Goods in relation to which the Contract was terminated by the Buyer's withdrawal, in the condition required by these GTC or by law, the Seller shall refund the Price for such Goods to the Buyer within two weeks from the date of receipt of the withdrawal and the Goods to which the withdrawal applies. If the Buyer - consumer withdraws for an existing legal or contractual reason, the Seller shall refund the Price to the Buyer - consumer without undue delay, no later than fourteen (14) days from the date of receipt of the withdrawal from the Contract and the return of the Goods, including the costs of delivery of the Goods, in the same manner in which it was received from the Buyer - consumer. However, the Seller is not obliged to refund 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 to him. For the avoidance of doubt, the Buyer agrees that if the Credits are used to purchase the Goods, the Price will be refunded to him/her by crediting the corresponding Credits to his/her User Account.
- Due to hygiene conditions, used goods cannot be returned. Used goods are 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 of delivery of the Goods, the Buyer is liable for any reduction in the value of the Goods resulting from such treatment of the Goods that goes beyond the treatment necessary to determine the properties and functionality of the Goods. The Buyer is obliged to return to the Seller everything he received under the Contract after withdrawal; this does not affect the Buyer's obligation under the previous sentence. If this is not reasonably possible (e.g. in the meantime the Goods have been partially unpacked, soiled, or the packaging has been 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 shall only refund the Price thus reduced to the Buyer. The Seller may set off its actual costs incurred in returning the Goods against the Price to be refunded to the Buyer. If the value of the Goods has decreased, the Seller is entitled to charge the costs incurred thereby. Notwithstanding the above, the Seller is entitled to unilaterally decide to refund the Price paid to the Buyer in a specific case, but only in the form of Credits, provided that the Buyer - consumer agrees to the refund of the Price in the form of Credits. If the Buyer does not agree to the refund of the Price in the form of Credits, the Seller's decision to refund the Price is considered as if it had never been made.
- The Seller is entitled to withdraw from the Contract if the Buyer does not take delivery of the Goods within 7 days of the announced delivery date or within 7 days of its possible storage at the carrier's branch.
- The Seller has the right to withdraw from the Contract if the Goods are not delivered to him by the Supplier, and he will inform the Buyer of this fact in writing without delay.
XII.
Final provisions
- The contract can be concluded in Czech, Slovak and English.
- The Seller is not bound by any code of conduct in relation to the Customer.
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The Seller shall ensure the out-of-court settlement of consumer complaints via the e-mail address info@lejaan.sk. The Seller shall send information on the settlement of the Customer's complaint to the Customer in accordance with these GTC. Any disputes between the Seller and the Buyer may also be resolved out-of-court. In such a case, the buyer - consumer may contact an out-of-court dispute resolution entity, which is, for example:
Slovak Trade Inspection
Bajkalska 21A
827 99 Bratislava 27
Email: adr@soi.sk
Website: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ).
The consumer can also use the online platform set up by the European Commission at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK ). The Seller recommends that the Buyer first contact the Seller to resolve the situation before resorting to out-of-court dispute resolution.
- The seller is authorized to provide its services on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection carries out, within a defined scope, among other things, supervision of compliance with Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, and No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises.
- If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the Agreement or the General Terms and Conditions shall be in writing.
- The contract, including the general terms and conditions, is archived by the Seller in electronic form and is not accessible.
- The General Terms and Conditions include a sample form for withdrawal from the Contract, which is available on the website www.lejaan.sk . The Customer may use the sample form, but in this case the Customer is obliged to arrange for the transport of the Goods to the Seller. For this reason, the Seller recommends using the specially created User Account environment or the link that the Seller sends to the Customer with the Order confirmation, because when using the option of withdrawal through the aforementioned User Account environment or via the sent link, the withdrawal, including the service described above, is resolved in these GTC.
In Prague on 01.02.2023
Attachment:
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
(fill in and send this form only if you wish to withdraw from the contract)
LEJAAN sro , 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 file number C158886 kept by the Municipal Court in Prague
I/we hereby give notice* that I/we withdraw* from the contract for these goods:
..............
Order date/received date* ............../................
Name and surname of consumer(s)* ............................
Address of consumer(s)* ................................................
Signature of consumer(s)* (only if this form is submitted in paper form) ....................
Date ..............
* Cross out what does not apply.