General terms and conditions

GENERAL TERMS AND CONDITIONS

I.
INTRODUCTORY PROVISIONS

These general terms and conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the contracting parties upon conclusion and performance of a purchase agreement (hereinafter referred to as "Agreement") 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 Goods and their delivery to the Customer. For the purposes of these GTC, the Seller means the company:

Business name: LEJAAN s.r.o.
Registered office: Šumavská 931/13, Vinohrady, 120 00 Prague 2
ID number: 285 99 349
VAT ID: CZ28599349
Entry in the Commercial Register: file no. C158886 maintained by the Municipal Court in Prague
Contact details:
Operating premises: U Kolory 231, 463 12 Liberec, Czech Republic
Customer service contact details:
email: info@lejaan.sk
tel. no.: +420 722 920 930
Orders, returns and complaints:
email: customerservice@lejaan.sk
tel. no.: +420 725 436 172
The Customer is obliged to familiarize themselves with these GTC before using the Service.
The subject of the agreement is the Seller's obligation, in accordance with these GTC, to deliver the Goods to the Customer, to enable them to acquire ownership thereof, and the Customer's obligation to accept the Goods and pay the Seller the Price and Postage, Cash on Delivery, and Packaging Fee.
For the purposes of these GTC, the following terms, beginning with capital letters, shall have the following meaning:
1. Customer is a 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, they may also be referred to as a consumer in these GTC.
2. User Account Holder is a person who has set up a User Account on the website www.lejaan.sk.
3. User Account is a user interface available through the website www.lejaan.sk.
4. Order means a binding proposal by the Customer to conclude an Agreement addressed to the Seller. Price is the financial amount that the Buyer undertakes to pay the Seller for the Goods under the Agreement and which is specified in the Order; in case of a discrepancy between the price stated for an individual type of Goods and the price stated in the Order summary, the binding price is the one stated in the Order summary.
5. Goods mean items whose specification and characteristics are listed on the Pages and which are offered for sale on the Pages, and which have been specified by the Customer in the Order by placing these items 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 Goods).
6. Postage means the amount charged to the Customer in addition to the Price, if the Price is less than €115, for which the Seller undertakes to arrange transport of the Goods to the location specified by the Customer within the Slovak Republic and, in the event of non-acceptance of the Goods by the Customer, also transport of the Goods from the location where the Goods were to be delivered to the Customer back to the Seller; unless transport outside the Slovak Republic is separately agreed.
7. Service means the internet environment on the website www.lejaan.sk, through which Orders are placed and the Agreement is concluded.
8. Pages mean the internet website www.lejaan.sk.
9. Credit means a virtual unit allowing the Customer to pay the Price via the User Account, where the Customer pays the Seller the corresponding number of Credits instead of the Price. One Credit corresponds to the amount of €1, the validity of Credits is time-limited. Credits are non-refundable, i.e., the Customer has no right to demand the conversion of Credits into any currency and to demand their payment. After paying the Price in the form of Credits, the corresponding Credits will be debited from the Customer's User Account. Credits can be credited to the User Account by the Seller, under the conditions stated in these GTC, or by the Buyer by creating a User Account and, after logging into their User Account (in the "my Credits" section), entering the gift voucher number issued by the Seller.
10. Cash on Delivery means the price for the service consisting of collecting the Price from the Customer by the carrier upon receipt of the Goods from the carrier. The provisions of these GTC regarding Postage shall apply mutatis mutandis to the payment of Cash on Delivery, with the exception of the provision that Cash on Delivery is always paid by the Customer regardless of the amount of the Price.
11. Packaging Fee means the price for specially ordered packaging of the Goods, typically in the form of a gift.
The Agreement between the Seller and the Customer is concluded through the Service. The Agreement is concluded at the moment when the Seller sends a confirmation of receipt (acceptance) of the Order to the Customer. Simultaneously with the confirmation of receipt of the Order, the Seller shall also deliver these GTC to the Customer via email in PDF format (to avoid any doubts, it is assumed 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 with the maintenance instructions. The maintenance symbols 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 textile Goods in accordance with the pictograms and any instructions associated with the textile Goods, applying the instructions delivered to them according to this provision to the individual pictograms.
By concluding the Agreement, the Seller undertakes to deliver the Goods to the Customer, and the Customer undertakes to accept the Goods, pay the Seller the Price, and possibly also Postage, Cash on Delivery, and Packaging Fee, if this obligation arises from the terms of the concluded Agreement.
All relations between the Seller and the Customer established on the basis, through or in connection with the Service and the Goods offered by the Seller through the Pages are governed by Slovak legal regulations, specifically Act no. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), Act no. 250/2007 Coll., on consumer protection, as amended, and Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded remotely or a contract concluded outside the seller's business premises.

PROVISION OF INFORMATION BEFORE CONCLUSION OF THE AGREEMENT

The main characteristics of the Goods are listed on the Pages.
Information about the Seller regarding:
1. business name and registered office;
2. contact phone number and email address;
3. address for handling complaints, grievances or other suggestions are provided in Article I. of these GTC.
The total price of the Goods including value added tax and all other taxes, as well as shipping, delivery, postage, packaging costs and other fees are listed on the Pages and in these GTC, however, the costs of delivery of the Goods vary depending on the chosen method and provider of transport, the method of payment of the Price and Postage, and the chosen packaging. The delivery costs (Postage), delivery method (transport), payment method and packaging method 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 Agreement is never concluded as an agreement for a definite or indefinite period, nor as an agreement for repeated performance. The Agreement is concluded exclusively as an agreement for single performance, the subject of which are items included in the order summary as the penultimate step before bindingly ordering 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 possibly the Cash on Delivery, 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 Agreement. The buyer may submit any suggestions and complaints to the Seller at the address info@lejaan.sk. The handling of complaints is described in more detail in Article X. of these GTC.
A consumer Customer has the right to withdraw from the Agreement (unless stated otherwise below), within a period of fourteen days, which runs, if it concerns the day of taking over the Goods, with the Goods being deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by them, with the exception of the carrier, takes over all parts of the ordered Goods, or if:
1. goods ordered by the consumer in a single order are delivered separately, at the moment of taking over the last delivered goods,
2. goods consisting of multiple parts or pieces are delivered, at the moment of taking over the last part or the last piece,
3. goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered goods.
The consumer may also withdraw from the Agreement before the withdrawal period begins to run.
The right to withdraw from the Agreement is exercised by the consumer by sending this withdrawal within the withdrawal period to the Seller's registered office, its operating premises or to the e-mail address customerservice@lejaan.sk, alternatively, a registered user may 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 stating a reason and thereby declare their will to withdraw from the Agreement. The return form (withdrawal form) as well as the complaint form are available on the Pages or can be accessed via the active prolink 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 Agreement.
In case of withdrawal from the Agreement, the Customer, even if a consumer, bears the costs associated with returning the Goods to the Seller, unless they use the Goods return service described in Article XI. paragraph 1 of these GTC.
According to the Civil Code, the Seller is obliged to:
1. If there is a defect in the Goods that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. The buyer may request a replacement of the item instead of removing the defect, or if the defect concerns only a part of the item, a replacement of the part, if this does not incur disproportionate costs for the seller given the price of the goods or the severity of the defect. The buyer may request a replacement of the item instead of removing the defect, or if the defect concerns only a part of the item, a replacement of the part, if this does not incur disproportionate costs for the seller given the price of the goods or the severity of the defect. The Seller may always, instead of removing the defect, replace the defective item with a flawless one, if this does not cause serious difficulties for the buyer.
2. If there is a defect in the Goods that cannot be removed and prevents the item from being properly used as an item without defects, 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 there are removable defects, but the buyer cannot properly use the item due to repeated occurrence of the defect after repair or due to a larger number of defects. If there are other irremovable 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 Agreement if it concerns Goods sealed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging has been broken after delivery.
The Seller does not provide guarantees according to stricter principles than the legally stipulated scope.
The Seller is not bound by a code of conduct.
The possibilities and conditions for resolving disputes through the alternative dispute resolution system are detailed in Article XII. paragraph 3 of these GTC.

III.
ORDER

Orders can only be delivered to the Seller 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 particular item.
The Service, through which the Agreement is concluded, allows the order to be edited until the Order is bindingly confirmed. If the Customer enters data other than required, the system will not allow them to proceed with completing the Order until they rectify the error indicated by the system.
After confirming all the basic parameters of individual items, the Customer must move these selected items to the virtual shopping cart using the "add to cart" command. All such moved items are listed in the order form, which represents a summary of the Customer's Order (Order recapitulation), to which the Customer will be redirected either (i) by opening the shopping cart, or (ii) by the "proceed to order" command. In the virtual shopping cart (hereinafter referred to as "Cart"), the Customer is entitled to perform certain editing activities on their Order, or may delete or increase the number of certain items in the Cart. Items can only be added to the cart by returning from the cart environment to the store environment and selecting the "add to cart" command for a newly selected item. The Order summary in the Cart expresses the subject of the purchase and defines the Goods and the Price. If the Order corresponds to the Customer's wishes, they enter the command to select the payment and delivery method. Based on the selected payment method and delivery method, the Postage, Cash on Delivery, and Packaging Fee will be calculated for the Customer.
The Customer can pay the purchase price and Postage and Packaging Fee and possibly also Cash on Delivery, if charged, by one of the following options:
1. Payment via payment card using the 3D Secure system, with the Customer being redirected to the payment gateway after completing the Order.
2. Payment using GOOGLE PAY, APPLE PAY and PAYPAL services, if the logos of these services are displayed in the Service; payment via these services is governed by the terms and conditions of the operators of these services.
3. Cash on delivery payment. When choosing this payment method, the Customer pays the Price and Postage to the selected carrier upon receipt of the Goods.
4. Bank transfer in advance. When choosing payment by bank transfer, the Seller will send the Buyer a pro forma invoice, on the basis of which the Customer can pay the Price and Postage using this payment method. When paying by this method, the Price and Postage are considered paid only when both the Price and Postage are credited to the Seller's bank account, and the correct variable symbol specified in the pro forma invoice is 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 in the form of an email).
5. 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 Article III, par. 4, letters a) - d) of these GTC.
When using payment via credit card, the Customer is obliged to enter the required data into the individual fields offered by the Service. The Seller accepts credit cards that are displayed during credit card payment.
When paying cash on delivery, the Customer is obliged to pay the Seller the Price with Postage upon receipt of the Goods, in the manner allowed by the chosen carrier. The Customer is entitled to pay the Price and Postage in cash only in case of cash on delivery, if allowed by the chosen 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 takes them to the "delivery details" tab. The delivery details include both the delivery location and the billing location if it differs from the delivery location. The Customer then fills in their contact phone number or a note for the Seller regarding their Order. To place a binding order with payment obligation, the Customer must actively check that they have read these GTC. The checkbox indicating whether they wish to receive a newsletter is optional, depending on the Customer's preferences. Furthermore, on this tab, the Customer is informed about the facts under Section 4, Paragraph 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the Seller's business premises, meaning they are informed about what they are ordering, at what price, with what shipping method, to what location, with what Postage, Cash on Delivery, and potentially Packaging, thus providing a final summary of the Order, where the Order can still be canceled without incurring any consequences. If they agree with the details of the Order and wish to conclude the Contract, the Customer must confirm the Order in the system by clicking on the special banner labeled "Complete order and pay". After confirming the Order, the Customer can no longer correct errors in the Order but may request their correction by following the procedure under paragraph 8, as stated below. Errors identified during the Order review before confirmation can be corrected by the Customer in the system at any time.
In case of an error in the Order, the Customer is entitled, without undue delay, to report the existence of the error via the contact email 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 the individual fields according to the requirements of the default parameters. The Customer is notified of fields requiring mandatory data in the Order. All data entered in the Order must be truthful and are binding for the Customer.
Until the Goods are dispatched, the Customer is entitled to cancel their Order by email to the contact email address provided on the Websites.
The Seller is entitled to cancel the Contract if it discovers that the Order contains incorrect or incomplete data necessary for the fulfillment of the Contract, or if it finds that it is unable to fulfill the Contract due to extraordinary, unforeseen circumstances in the warehouse system.
Personal data necessary for the proper fulfillment of the Contract by the Seller must be included in the Order. If the Customer requests, they have the option to check the box "add company details," which allows them to enter their Company ID, Tax ID, and VAT ID into the Order. If the Customer wishes to have the Goods delivered to an address other than the billing address, they must check the appropriate box, which will create a field for entering the delivery address.
If the Customer wishes to gift the Goods, they check the appropriate box, and their Goods will be delivered to the address they specified, wrapped in gift packaging. At the same time, a personal message can be added. In such a case, the package will not contain any price information, only a delivery note. The invoice will be sent to the Customer's email, not to the recipient of the Goods.
To complete the Order, the Customer must agree to these GTC by checking the appropriate box and consent to the processing of personal data. If they wish to receive news from the Service, they must check the "I want to receive the newsletter with news" box.

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 agreement that the bindingly displayed Price is exclusively in the Order recapitulation. The Price includes value-added tax at the rate applicable on the day the Order is placed. In the event that the value-added tax rate changes in the period after the Order is placed and before the Goods are dispatched, the Customer is obliged to pay any difference in the same way as they pay the Price; this does not apply to a Customer who is considered a consumer according to the legal order governing the Contract. If the value-added tax is reduced, the Seller will refund any overpayment of the Price to the Customer within 5 working days from the date of the Customer's request for a refund of the overpayment.
A tax document related to the Price of the Goods is delivered to the Customer via email and/or the User Account.
If the Price of any item on the Websites is marked as "promotional" or otherwise indicated by the inscription "discount," then such discounted or promotional price is valid only while stocks last or until the Price is adjusted.
In the cart, the Customer has the option to enter a discount code they have obtained into the appropriate field, which will discount certain Goods or the Price of the Order accordingly.
Seller's loyalty program terms and conditions:
1. The Seller undertakes that, under the conditions stated below, it will provide every Customer with a 10% discount on the total purchase price including VAT, if the Customer has purchased any goods from the Seller through the Service within a maximum of 18 months before the purchase, and this previous order is recorded as "processed/delivered" in the User Account;
2. The discount is not provided or granted for purchases that were canceled within the statutory withdrawal period from the contract;
3. 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 conditions of the loyalty program;
4. The discount does not apply to already discounted goods and cannot be combined with other marketing promotions in which the Seller participates or organizes.

V.
CONCLUSION OF THE PURCHASE AGREEMENT

The Purchase Agreement 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 "Delivery Location"). The Customer is obliged to take over the Goods at the Delivery Location, and if the Postage and Price have not been paid in advance, to also pay the Price and Postage. If the Goods are not taken over by the Customer at the Delivery Location, the Goods will be returned to the Seller by the carrier at the Customer's expense. The Delivery Location also means any other location than the Delivery Location, which will be specially agreed upon between the carrier and the Customer as the pick-up location for the Goods during delivery. The delivery of the Goods by the carrier is governed by the terms and conditions of the chosen carrier.
The Buyer acquires ownership of the Goods at the moment when (i) they have taken over the Goods and (ii) paid the Price and Postage and potentially Cash on Delivery and Packaging.
The depiction of the Goods on the Websites is for illustrative purposes only. The Seller reserves the right to correct/modify any specification of any item presented on the Websites depending on newly discovered facts about these items.

VI.
PERFORMANCE PERIOD

The performance period (or delivery period) begins on the day the Contract is concluded and lasts 30 days. The Seller undertakes to dispatch the Goods via the carrier chosen by the Customer as soon as possible according to its operational capabilities.
In the event that the Customer has chosen to use the payment method of advance payment to a bank account, the performance period begins on the day the Price and Postage, and potentially Packaging, are credited to the Seller's bank account.
The Seller informs that it generally manages to dispatch Goods within 2–3 working days, but usually no more than 14 working days.
The Seller informs the Customer of the estimated delivery time for the Goods when selecting a suitable carrier. This determined time is only indicative.
In the event that the Seller finds during order processing that it is unable to meet the aforementioned performance period, it will inform the Customer of the estimated performance period. The delivery period for the Goods does not run from the moment the Seller notifies the Customer of the inability to deliver the Goods within the specified period until the Customer agrees to a new delivery period for the Goods.

VII.
OTHER RIGHTS AND OBLIGATIONS

In addition to other obligations agreed upon in these GTC, the Customer undertakes to:
1. When using the Seller's services, follow the instructions and manuals available at www.lejaan.sk and these GTC;
2. Take over the Goods from the Seller through the chosen carrier in accordance with and under the conditions of the chosen carrier;
3. Provide the Seller, without undue delay, with the cooperation necessary for the proper provision of performance. The performance period of the Contract is extended by the period from the Seller's request for the Customer's cooperation until the Customer provides such cooperation.
If the Customer does not take over the Goods from the Carrier, the Contract is canceled without further notice on the day the Goods are returned by the carrier to the Seller. The Customer is obliged to reimburse the Seller for the costs of delivery and return of the Goods and the costs of processing the Order. The provisions of these GTC regarding the rights and obligations of the contracting parties in connection with the cancellation of the Contract by withdrawal shall apply mutatis mutandis.
The LEJAAN swatch book, which contains, depending on the chosen variant, the materials and colors that the Seller uses for the production of other Goods, is also considered Goods. The LEJAAN swatch book is available in various variants depending on the offer published on the Websites. The provisions of these GTC regarding the purchase of other Goods apply analogously to the purchase of the LEJAAN swatch book, but with the following modifications:
1. After paying the purchase price of the LEJAAN swatch book, the Customer will receive a voucher with a code to their chosen email, based on which they are entitled, upon subsequent purchase of Goods, to deduct the purchase price of the purchased LEJAAN swatch book from the purchase price of the Goods from the subsequent purchase. By redeeming the voucher, the purchase price of the LEJAAN swatch book is considered refunded.
2. If the LEJAAN swatch book is returned within 14 days from the date of its purchase, the purchase price of the swatch book will be refunded to the Customer, unless it has already been refunded by redeeming the voucher in a subsequent purchase. Upon return of the LEJAAN swatch book, the Seller will deactivate the voucher, and it cannot be used further if it has not been redeemed before.
3. If the Customer uses the voucher, they are not obliged to return the purchased LEJAAN swatch book; this does not exclude their right to return the LEJAAN swatch book to the Seller.
4. A voucher obtained by purchasing a LEJAAN swatch book cannot be combined with any discount, discount code, or other marketing promotion;
5. A voucher obtained by purchasing a LEJAAN swatch book can only be used for 30 days from the date of receipt of the LEJAAN swatch book.

VIII.
USER ACCOUNT

For the purpose of placing an Order and using the services provided by the Seller through the Websites, the Customer is entitled to register in the Seller's system operated on the Websites and create their User Account. They can also do this in connection with placing an Order, where they have the option to check the box for creating a User Account.
For successful registration (creation of a User Account), the Customer is obliged to enter the following truthful data during registration:
1. First name and last name;
2. Email address;
3. Mobile phone number;
4. Exact address and postal code;
5. Password, which must be confirmed again during registration.
After successful registration, the Customer will receive an email confirmation with a special request to confirm profile activation. This is for verifying 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 prompted to confirm their consent to the processing of personal data for the purpose of managing and maintaining the User Account. The processing of this data is necessary for maintaining the User Account service, therefore, a User Account cannot be created for a person who does not consent to the processing of their data.
To log in to the User Account, the Customer only needs to enter the email address and password they 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 their User Account.
The Customer is not entitled to allow third parties to use the User Account.
The Seller may cancel the User Account, especially if the Customer has not used their User Account for more than 1 year, or if the Customer breaches their obligations under the Contract (including the GTC). The Customer is also entitled to cancel the User Account by sending an email with a request to cancel the User Account to the contact email address provided on the Websites.
The Customer acknowledges that the User Account and the system may not be available continuously, especially with regard to the 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 the storage of information about their Order history within the User Account environment. Orders are stored by the Seller for a period of 5 years. The Customer may be provided with their Order upon special request by sending it to their email address.
The Customer agrees to the use of remote communication means when concluding the Contract. Costs incurred by the Customer when using remote communication means in connection with the conclusion of the Contract (costs of internet connection, telephone call costs) are borne by the Customer themselves.
When using the services on the Websites, the Customer or any other user is obliged to follow these GTC and confirms that they have read the GTC. The Seller is entitled to change and supplement the GTC at any time, with any changes and supplements to the GTC (hereinafter referred to as "New GTC") being effective on the day they are made available on the Websites. Contracts concluded before the New GTC are made available on the Websites are governed by the GTC valid before such change; the same procedure applies to Orders that were sent to the Seller before the New GTC were made available on the Websites.

IX.
PERSONAL DATA AND GDPR

The principles of personal data protection are set out in a separate document entitled "Information on Personal Data Processing," which is available here: https://www.lejaan.sk/spracovanie-osobnych-udajov-3s.
The processing of the Customer's personal data, including first name and surname, address, identification number, tax identification number, email address, telephone number (hereinafter referred to as "personal data") is necessary in accordance with Art. 6 Par. 1 lit. 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 party or in order to take steps at the request of the data subject prior to entering into a contract.
The Customer agrees to the processing of personal data by the Seller for the purposes of concluding and fulfilling the Contract and for the purpose of maintaining the Customer's User Account. Unless the Customer, who is not a data subject within the meaning of Art. 4 Par. 1 GDPR, chooses another option, they agree to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Customer. Consent can be revoked at any time via the form that is part of the Information on Personal Data Processing available on the Websites.
The Customer is obliged to provide their personal data accurately and truthfully.
The Seller may entrust a third party, as a processor, with the processing of the Customer's personal data. Except for persons transporting the Goods, processors, and entities ensuring customer satisfaction surveys (see Information on Personal Data Processing), personal data will not be provided by the Seller to third parties without the Customer's prior consent.
The Customer agrees to receive information related to the Seller's services or company at the Customer's email address and further agrees to receive commercial communications from the Seller at the Customer's email address, provided that they checked the box "I want to receive news via newsletter" when completing the Order.
The Customer agrees to the storage of data files (cookies) that improve the individual display of the web environment for the Customer on their computer. If the Contract can be concluded in the system and the Seller's obligations under the Contract can be fulfilled without storing cookies on the Customer's computer, the Customer may withdraw the consent according to the previous sentence at any time. Details on storing cookies are available https://www.lejaan.sk/subory-cookie-4s.
Any communication from the Seller to the Customer is delivered to the email address specified in the system unless the Seller uses communication via mobile phone.

X.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS

The Seller does not provide the Buyer, who is not a consumer within the meaning of the legal order governing the Contract, with a quality guarantee for the Goods.
A Buyer who is a consumer within the meaning of the legal order governing the Contract is entitled to claim rights from a defect that occurs in the Goods within 24 months of their receipt. The Seller is responsible for defects in the Goods that the Goods have upon their receipt by the Buyer. The Goods have a defect if:
1. the item has the characteristics agreed upon by the parties, and if this agreement is missing, that it has such characteristics as described by the seller or manufacturer, or as expected by the Buyer considering the nature of the goods and based on their advertising;
2. the item is suitable for the purpose stated by the seller for its use or for which items of this kind are usually used;
3. the item is in the corresponding quantity, measure, or weight; and
4. the item complies with legal requirements.
5. if a defect appears within six months of receipt, it is presumed that the item was defective at the time of receipt.
The Seller's performance is considered proper even if the performance shows certain deviations in dimensions or weight, provided the deviation does not exceed 5%. The Seller is also not responsible for defects in the Goods caused by incorrect or improper handling or use, unsuitable storage, incorrect placement, or defects arising from natural disasters, and is also not responsible for defects caused by the Buyer or a third party. When handling the Goods, the Buyer is obliged to follow the instructions enclosed with the Goods, and if none are enclosed, according to the principles of usual care.
The Buyer has the right to satisfaction of their rights from liability for defects in the Goods in the following ways:
1. to have the defect removed by delivering new goods without defects or by delivering missing goods, unless this is disproportionate to the nature of the defect; if the defect only affects a part of the item, the Buyer may only request the replacement of the part; if this is not possible, they may withdraw from the Contract. However, if it is disproportionate to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge;
2. to have the defect removed by repairing the item,
3. to a reasonable discount from the Purchase Price, or
4. to withdraw from the Contract.
The Buyer shall inform the Seller of the chosen right when notifying the defect, or without undue delay after notifying the defect. The Buyer cannot change the chosen option without the Seller's consent; this does not apply if the Buyer requested a repair of a defect that proves to be irreparable. If the Seller does not remove the defects within a reasonable time or if the Seller informs the Buyer that they will not remove the defects, the Buyer may request a reasonable discount from the Price instead of defect removal, or may withdraw from the contract.
If the Buyer does not choose their right in time, they have rights as in the case of a minor breach of contract - see below. The consumer Buyer also has the right to a reasonable discount if the seller cannot deliver a new item without defects, replace its part, or repair the item, as well as if the seller does not remedy within a reasonable time, or if ensuring the remedy would cause significant difficulties for the consumer.
If the defective performance is a minor breach of contract, the Buyer has the right to have the defect removed, or to a reasonable discount from the purchase price. If the Buyer does not assert the right to a discount from the purchase price or does not withdraw from the contract, the seller may deliver what is missing or remove the legal defect. Other defects can be removed by the seller at their discretion by repairing the item or by delivering a new item. If the seller does not remove the defect of the item in time or refuses to remove the defect of the item, the Buyer may request a discount from the purchase price, or may withdraw from the contract. The Buyer cannot change the chosen option without the seller's consent.
The Buyer also has the right to receive a new item or to have a part replaced in the case of a removable defect if they cannot properly use the item due to repeated occurrence of a defect after repair (third complaint of the same defect) or due to a greater number of defects (at least 3 defects simultaneously). In such a case, the consumer Buyer also has the right to withdraw from the contract. When a new item is delivered, the Buyer shall return the originally delivered item (including all delivered accessories) to the seller at the seller's expense. If the Buyer did not notify the defect without undue delay after they could have discovered it with timely inspection and due care, the court will not grant them the right from defective performance. In the case of 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 the delivery of the item.
If damage occurs to the Buyer in connection with the Seller's liability for defects in the Goods, compensation for such damage, including lost profits, is limited to the price of the Goods specified in the Order. The Seller's liability for defects in the Goods and for damage to the Buyer is excluded if the deficiencies in the Goods arose due to force majeure or incorrect actions of the Buyer or another person different from the Seller.
The Buyer has the right to complain about defects in the Goods, i.e., to assert their rights corresponding 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 in the Goods within 3 working days from the day of receipt of the Goods. The delivery of a different quantity of Goods or the delivery of Goods in a different design than agreed in the Contract is also considered an obvious defect of the Goods. If the stated period expires in vain, it is presumed that the Goods were delivered properly and without defects, unless the Civil Code stipulates otherwise.
If the Goods are delivered by the carrier in damaged packaging, or if the Buyer has doubts upon receipt of the Goods whether the Goods show signs of damage, the Buyer shall draw up a written record of the complaint about the Goods with the carrier 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 accept the Goods and confirms that they received the Goods without visible damage or defects.
The Buyer technically asserts liability for a defect in the Goods (complaint) by filling out the complaint form, which is delivered to them with the Goods, and by delivering it along with the Goods to the Seller. Goods can always be complained about when the Seller's liability for defects in the Goods is asserted. If the Buyer complains about the Goods, they are obliged to state the reason for their complaint in the "Reason for Complaint" field by specifying the defect and describing the defect and how it manifests (so that the complained defect is not interchangeable with another defect); otherwise, it is not considered a complaint.
After the complaint, the Seller will send the Buyer an email confirmation of receipt of the complaint, which contains information about when the Buyer asserted the right, what the content of the asserted right is, and what method of resolving the right the Buyer requests.
In the case of a legitimate complaint, the Buyer has the right to reimbursement of necessary costs associated with the transport of the Goods. Goods sent by cash on delivery will not be accepted.
If the Seller finds during the complaint handling that the complaint is not justified, the Buyer is obliged to bear the costs of transporting the Goods related to the complaint, in a flat rate of 8€, unless they deliver the Goods at their own expense; this does not apply to a Buyer who is considered a consumer according to the legal order governing the Contract, however, this does not affect the Seller's right to compensation for damages (especially if it concerns, for example, abusive exercise of rights, etc.).
The Buyer is entitled, in the event of the Seller handling complaints contrary to 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 handle 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 (identical) item, or may withdraw from the Contract. The choice between exchanging the item and withdrawing from the Contract belongs to the Buyer, and they are obliged to inform the Seller which option they have chosen.

XI.
WITHDRAWAL

The Buyer has the right to withdraw from the Contract in accordance with the law. Quick information about returns and complaints about Goods is available on the Website here: https://www.lejaan.sk/vratenie-a-reklamacia. The Buyer technically exercises their right of withdrawal by filling out the return form they received with the Goods. The Buyer – consumer shall deliver this completed form with the Goods, for which they are withdrawing from the Contract, via the "Packeta" service operated by Packeta Slovakia s. r. o., Company ID 48136999, using code 958 846 35. For this purpose, the Buyer shall properly pack the Goods along with the return form and submit them at any Packeta branch, using the aforementioned code; the costs of returning the Goods in this manner shall be borne by the Seller. The costs of returning the Goods in any other manner and for any other case than specified in this paragraph shall be borne by the Buyer. The Buyer is not obliged to use the return form delivered to them along with the Goods; it is sufficient if they fill out the return form, which is an appendix to these GTC. If the Buyer does not send the Goods along with the return form, they are 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 technical execution of withdrawal from the Contract by a Buyer who is not a consumer, the provisions of the preceding paragraph shall apply mutatis mutandis, with the proviso that in the case of returning Goods where there is no reason for withdrawal from the Contract, the Buyer is obliged to pay the Seller the shipping costs of the Goods in a lump sum of 8€.
The provision of par. 1 of this article does not apply to gift vouchers, which can only be returned until their activation, i.e., until the gift voucher code is entered into 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 if the Buyer is a consumer who withdraws within the statutory 14-day period. Withdrawal made without a legal or contractual reason for it is not considered withdrawal for the purposes of these GTC and does not entail the consequences intended by withdrawal.
Goods can never be returned by cash on delivery; in such a case, the Goods will not be accepted by the Seller, and this shall not be considered a delay on the part of the Seller in accepting the Goods.
If there is a full or partial withdrawal from the Contract and the Buyer has returned the Goods for which the Contract was cancelled by the Buyer's withdrawal, in the condition required by these GTC or by law, the Seller will refund the Price for such Goods to the Buyer within two weeks from the date of delivery of the withdrawal and the Goods to which the withdrawal applies. If it is a withdrawal by a consumer Buyer for an existing legal or contractual reason, the Seller will return the Price, including the costs of delivering the Goods, to the consumer Buyer without undue delay, no later than fourteen (14) days from the date of delivery of the withdrawal from the Contract and the return of the Goods, in the same way as it was received from the consumer Buyer. However, the Seller is not obliged to return the Purchase Price of the Goods, including the costs of delivering the goods, to the consumer Buyer before the consumer Buyer hands over the returned Goods to them. For the avoidance of any doubt, the Buyer agrees that in the event of using Credits to purchase Goods, the Price will be refunded to them again in the form of crediting the corresponding Credits to their User Account.
Due to hygienic conditions, used goods cannot be returned. Used Goods are considered goods that have been handled beyond the extent necessary to inspect the Goods.
If the Buyer withdraws from the Contract within the 14-day period from the delivery of the Goods, the Buyer is responsible for any reduction in the value of the Goods resulting from handling the Goods beyond what is necessary to ascertain their characteristics and functionality. Upon withdrawal, the Buyer is obliged to return everything received under the Contract to the Seller; this does not affect the Buyer's obligation under the preceding sentence. If this is not reasonably possible (e.g., the Goods were partially unpacked, soiled, or the packaging was damaged in any way in the interim), the Seller has the right to calculate the damage according to the current price list. In such a case, the Seller will only refund the reduced Price to the Buyer. The Seller may set off its actual incurred costs associated with the return of 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 for the costs thus incurred. Notwithstanding the foregoing, the Seller is entitled to unilaterally decide that in a specific case, it will refund the paid Price to the Buyer, but only in the form of Credits, provided that the consumer Buyer 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 shall be deemed never to have been made.
The Seller is entitled to withdraw from the Contract if the Buyer does not pick up the Goods within 7 days of the announced handover date or within 7 days of their possible storage at the carrier's branch.
The Seller has the right to withdraw from the Contract if the Goods are not supplied by the supplier; the Buyer will be informed 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.
Out-of-court handling of consumer complaints is provided by the Seller via the email address info@lejaan.sk. The Seller will send information about the handling of the Customer's complaint to the Customer in accordance with these GTC. Any disputes between the seller and the Buyer can also be resolved out of court. In such a case, the consumer Buyer can contact an out-of-court dispute resolution entity, which is for example:

Slovak Trade Inspection
Bajkalská 21A
827 99 Bratislava 27
Email: adr@soi.sk
Web: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi).
The consumer can also use the online platform established 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 the Buyer to first use the contact of the Seller to resolve the arisen situation before proceeding with out-of-court dispute resolution.
The Seller is authorized to provide its services based on a trade license. Trade inspections are carried out within its scope by the relevant trade licensing office. Oversight of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection, within a defined scope, 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 Misdemeanours, as amended, and 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.
If any provision of the general terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning most closely approximates the invalid provision shall apply in place of the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes to the Contract or the general terms and conditions require written form.
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 Agreement, 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. This is also why 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 withdrawal option through the mentioned User Account environment or via the sent link, the withdrawal, including the service described above, is handled in these GTC.

In Prague on 01.02.2023

Attachment:

SAMPLE FORM FOR WITHDRAWAL FROM THE AGREEMENT

(fill in and send this form only if you wish to withdraw from the agreement)

LEJAAN s.r.o., with registered office at Šumavská 931/13, Vinohrady, 120 00 Prague 2, Company ID: 285 99 349, Tax ID: CZ28599349, a company registered in the commercial register under file no. C158886 maintained by the Municipal Court in Prague

I/We* hereby inform that I/we* withdraw from the agreement for the following goods:

..............

Date of order/date of receipt* ............../................

Name and surname of the consumer/consumers* ............................

Address of the consumer/consumers* .............................................

Signature of the consumer/consumers* (only if this form is submitted in paper form) ....................

Date ..............

* Delete as appropriate.