These terms and conditions (hereinafter referred to as "terms and conditions") of LIZADECOR.COM LIMITED, Company No. 10097105, registered in England, with its registered office at Enterprise house, 2 PASS STREET, OLDHAM, MANCHESTER, OL9 6HZ, England, online shop at www.lizadecor.com (hereinafter referred to as the "seller") parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The internet shop is operated by the seller at the internet address www.lizadecor.com, via a web interface (hereinafter referred to as the "web interface of the shop").
The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at www.lizadecor.com (hereinafter referred to as the "website") and other related legal relationships. The business conditions do not apply to cases where a person who intends to purchase goods from the seller, acts when ordering goods in the course of his business.
Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter "user account").
When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for breach of this obligation by the buyer.
The buyer is not entitled to allow the use of the user account to third parties.
The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
CONCLUSION OF THE PURCHASE AGREEMENT
The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),
the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The contractual relationship between the seller and the buyer arises at the time of sending the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached their obligations to the Seller.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
PRICE OF GOODS AND PAYMENT TERMS
The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways: cash on delivery at the place specified by the buyer in the order; cashless transfer to the seller's account specified in the received order (hereinafter referred to as the "seller's account");
Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
In case of intentional non-collection (without giving a reason) of the order and return of the consignment back to the sender by the carrier, the cost of transport and packaging is 25% of the order price. (Obligations of the buyer § 2118).
WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter the "Civil Code"), it is not possible to withdraw from the purchase contract for the supply of goods adjusted according to buyer's wishes.
If it is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of § 53 paragraph 7 of the Civil Code. from receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods.
In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 working days of sending the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.
Within fifteen (10) days from the return of the goods by the buyer according to Article 5.3 of the Terms and Conditions, the seller is entitled to review the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed.
In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within ten (10) days of expiry of the period for reviewing goods pursuant to Article 5.4 of the Terms and Conditions, to the buyer, non-cash to the account designated by the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer's right to a refund of the purchase price.
Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, in cash to the account designated by the buyer.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the consumer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return it to the seller. given a gift.
Before sending a consignment with returned goods, the buyer is obliged to notify the seller of this fact, preferably by e-mail and at the same time define a specific list of returned goods and the method of financial settlement. Subsequently, the buyer will send the returned goods by registered mail to the address: LIZA DECOR, P. O. BOX 11, 796 07 Držovice. The goods cannot be returned cash on delivery, any goods returned in this way will not be accepted by the seller.
TRANSPORTATION AND DELIVERY OF GOODS
The method of delivery of goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted on the basis of the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has not been damaged.
Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
DEFECT LIABILITY, WARRANTY
The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (especially the provisions of § 612 et seq. Of the Civil Code).
The seller is responsible to the buyer for the fact that the sold thing is in accordance with the purchase contract, especially that it is without defects. Compliance with the purchase contract means that the sold thing has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for a thing of the kind that meets the requirements of law , is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the seller for the use of the thing or for which the thing is usually used.
In the event that the item is not in accordance with the purchase contract upon receipt by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to sell the item free of charge and without undue delay to the condition corresponding to the purchase contract, as required. the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the thing or caused the conflict with the purchase contract himself. A discrepancy with the purchase contract, which manifests itself within six (6) months from the date of taking over the thing, is considered to be a conflict already existing at the time of taking over, unless it contradicts the nature of the thing or unless proven otherwise.
If the goods are not perishable or used, the seller is liable for defects that appear as a conflict with the purchase contract after taking over the goods during the warranty period (warranty).
The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer with the seller. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The buyer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.
The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 53a paragraph 1 of the Civil Code.
The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
PROTECTION OF PERSONAL DATA
The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, and telephone number (hereinafter collectively referred to as "personal data").
The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement, for the purposes of maintaining a user account and for the purpose of sending information and business messages to the buyer.
The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
The seller may authorize a third party to process the buyer's personal data as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.
In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
ask the seller or processor for an explanation,
require the seller or processor to remedy the situation thus created. In particular, it may be a matter of blocking, correcting, supplementing or disposing of personal data. If the buyer's request is found to be justified according to the previous sentence, the seller or processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Personal Data Protection directly with his complaint.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
SENDING COMMERCIAL MESSAGES AND STORING COOKIES
The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.