Lubeton design s.r.o.

Pod nadrazim 392

Bilovice nad Svitavou

664 01

Czech Republic

mob: +420 731 267 931

email: info@lubeton.com

©Lubeton design 2018 / All rights reserved

TERMS & CONDITIONS

These General Terms and Conditions (hereinafter referred to as the "Business Terms") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

 LUBETON DESIGN S.R.O.

Company ID: 05931886

Tax ID: CZ05931886

with its registered office: Pod nádražím 392, Bílovice nad Svitavou, 664 01

registered at the Regional Court in Brno, section C, file 99019

contact information:

email: info@lubeton.com

phone: 731267931

www.lubeton.com, www.lubeton.cz

(the "Seller")

 

 These Business Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who concludes the purchase contract outside their business as a consumer or in the course of its business activities (hereinafter referred to as the "Buyer") via the web interface located on the website available on the web page in Czech and English.

Product and price information

 Information about the goods, including the prices of individual items and their main features, are given individually in the internet shop catalog. Goods´prices include VAT, all related fees, and the cost of returning the goods if these goods can not by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.

All presentations of the goods placed in the catalog of the internet shop are informative and the seller is not obliged to conclude a purchase contract for these goods.

Information on the costs associated with packing and delivery of goods is published in the online store. Information on the costs associated with the packing and delivery of goods listed in the online store is valid when the goods are delivered within the territory of the Czech Republic. For other EU countries, the individual shipping conditions apply.

Any discounts on the purchase price of the goods cannot be combined, unless the seller and the buyer agree otherwise.

Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using distance means of communication to conclude the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer carries out the order of the goods in the following ways:

· Through their customer account, if previously registered in the online store,

· Filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the way of payment and delivery.

4. Before the order is dispatched, the buyer is allowed to icheck and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking on the "order" button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation of the buyer that he has become acquainted with these terms and conditions.

Immediately upon receiving the order, the seller will send the buyer an acknowledgment of receiving the order to the email address the buyer entered during ordering. This acknowledgment is automatic and is not considered to be a contract. Current business conditions of the seller are attached. The purchase contract could be concluded only after the order has been received by the seller. Notification of receiving the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer an acknowledgment of receiving the order to the email address the buyer has entered during ordering. This acknowledgment is considered to be a contract. Current business conditions of the seller are attached. The purchase agreement is concluded by the seller's confirmation of the order to the buyer's email address. If the order was not accepted, the contract is concluded when you pay the full purchase price for the ordered goods.

4. Before the order is dispatched, the buyer is allowed to icheck and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking on the "order" button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation of the buyer that he has become acquainted with these terms and conditions.

Immediately upon receiving the order, the seller will send the buyer an acknowledgment of receiving the order to the email address the buyer entered during ordering. This acknowledgment is automatic and is not considered to be a contract. Current business conditions of the seller are attached. The purchase contract could be concluded only after the order has been received by the seller. Notification of receiving the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer an acknowledgment of receiving the order to the email address the buyer has entered during ordering. This acknowledgment is considered to be a contract. Current business conditions of the seller are attached. The purchase agreement is concluded by the seller's confirmation of the order to the buyer's email address. If the order was not accepted, the contract is concluded when you pay the full purchase price for the ordered goods.

In case any of the requirements specified in the order cannot be met by the seller, the buyer will send a modified offer to their email address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is then concluded by a Buyer's confirmation of acceptance of this offer by the Seller to its email address specified in these Terms and Conditions.

All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notice of acceptance of the order by the seller. The buyer may cancel the order by phone on the Seller's phone number or email address specified in these Terms and Conditions.

In the event of an obvious technical error on the part of the seller during placing the price of the goods in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the buyer has received an automatic receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to their email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then concluded by a Buyer Acceptance Receipt to the seller's email address.

Buyer´s Account

Agreement and the Purchase Agreement is then concluded by a Buyer's confirmation of acceptance of this offer by the Seller to its email address specified in these Terms and Conditions.

All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notice of acceptance of the order by the seller. The buyer may cancel the order by phone on the Seller's phone number or email address specified in these Terms and Conditions.

In the event of an obvious technical error on the part of the seller during placing the price of the goods in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the buyer has received an automatic receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to their email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then concluded by a Buyer Acceptance Receipt to the seller's email address.

Buyer´s Account

Based on buyer-registration made in the online store, buyers can access their customer account. From this customer account, buyers can order goods. Buyers can also order goods without registration.

When registering to a customer account and when ordering goods, the buyer is obligated to indicate all data correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and when ordering the goods are considered correct by the seller.

3. Access to a customer account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account to third parties.

5. Seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer violates his obligations under the Purchase Agreement and these Business Terms and Conditions.

6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of the seller, or maintenance of hardware and software of third parties.

Terms of Payment and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with delivering the goods in accordance with the purchase contract in the following ways:

· By wire transfer to the seller's bank account

No. 115-4109390207 / 0100 with Komerční banka.

· Cashless payment card

· By wire transfer to the seller's account via the PayPal payment gateway

· In cash for personal collection at the premises

· By cash or credit card when picking up a parcel

2. Together with the purchase price, the buyer is required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate.

3. In case of cash payments, the purchase price shall be payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 days of the purchase contract being concluded.

4. In the case of payment via a payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.

5. In case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. Seller shall not require from the buyer any deposit or other similar payment in advance. Payment of the purchase price before shipment of goods is not a deposit.

7. Under the Sales Records Act, the seller is required to issue a receipt to the buyer and at the same time, is obliged to register the received revenue with the tax administrator online, in the event of a technical outage, within 48 hours at the latest.

8. The goods are delivered to the buyer:

· To an address specified by the buyer in the order

· By means of a parcel shop to the address of the shop decided by the buyer,

· Personal collection at the seller's premises

9. The delivery method is chosen during the ordering of the goods.

10. The cost of delivering the goods depending on the method of dispatch and receipt of the goods is stated in the buyer's order and in the order confirmation by the seller. If the type of transport is agreed upon a buyer's special request, the buyer bears the risk and any additional costs associated with this type of transport.

11. If the seller is obliged to deliver the goods to the buyer's place specified in the purchase order, the buyer is obliged to take over the goods. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in other manner than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery, resp. costs associated with another delivery method.

12. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the transporter without delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the buyer is not required to take over the delivery from the transporter.

13. The Seller shall issue a tax document to the buyer - an invoice. The tax document is sent to the buyer's email address. The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.

Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside their business as a consumer has the right to withdraw from the sales contract.

2. The withdrawal period shall be 14 days

· From the date of receiving the goods,

· From the date of receiving the last delivery of the goods, if the subject of the contract are several types of goods or the delivery of several parts

· From the date of receiving the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.

3. The buyer cannot, inter alia, withdraw from the purchase contract:

· of services´ provisions, if they have been fulfilled with his/ her prior expressed consent before the expiration of the withdrawal period and the seller has informed the buyer, before concluding the contract, that in this case they have no right to withdraw from the contract,

· of the delivery of goods or services, the price of which depends on financial market disparities, irrespective of the seller's will, and which may occur during the withdrawal period.

· of the delivery of goods which has been modified according to the buyer's wishes or for him.

4. In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.

5. In order to withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the sales contract will be sent by the buyer to the seller's email address or mailing address specified in these terms and conditions. The Seller shall acknowledge receipt of the form without undue delay to the Buyer.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by normal postal route due to their features.

7. If the buyer withdraws from the contract, the seller shall return the funds immediately, but not later than 14 days of the withdrawal from the contract. This means all funds, including delivery costs, received by him in the same manner. The Seller shall return the funds to the buyer in another way only if the buyer agrees and if it does not incur any additional costs.

8. If the buyer chooses a different way of delivering the goods, rather than the cheapest the seller offers, the seller will return the buyer the cost of delivering the goods corresponding to the cheapest offered way of delivering the goods.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the goods are delivered by the buyer or a third party (transporter etc.)

10. The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.

11. The seller is entitled to withdraw from the contract of sale due to sold out stock, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the buyer.

Right of defective performance

1. The seller guarantees the buyer that the goods are not defective upon takeover. In particular, the seller guarantees that at the time the buyer takes over the goods:

10. The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.

11. The seller is entitled to withdraw from the contract of sale due to sold out stock, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the buyer.

Right of defective performance

1. The seller guarantees the buyer that the goods are not defective upon takeover. In particular, the seller guarantees that at the time the buyer takes over the goods:

· It has features that are agreed on by the parties and, in the absence of an agreement, it has features that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising it carries out.

· The goods are fit for the purpose which the seller indicates or to which goods of this type are normally used.

· The goods correspond with the quality or performance according to the agreed sample or original.

The goods are in the appropriate quantity, degree or weight and

· Goods comply with legal requirements.

2. If a defect occurs within six months of receipt of the goods by the buyer, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months after the takeover. This provision shall not apply to goods already sold at a lower price for a defect for which a lower price has been agreed, for the wear and tear of goods caused by its normal use, or for the used goods with a defect corresponding to the degree of wear or tear the goods have had from the nature of the goods at the time of takeover by the buyer.

3. In the event of a defect, the buyer may submit a claim to the seller requesting:

 

· Exchange for new goods.

 

· Repair of goods.

 

· A reasonable discount on the purchase price.

 

· withdrawal from the contract.

 

4. The buyer has the right to withdraw from the contract,

 

· If the goods have a material defect.

 

· If the item cannot be properly used for repeated defects or defects after repair.

 

· With a large number of defects in the goods.

  5. The Seller is obliged to accept a complaint at its premises where the complaint is accepted, possibly at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of the buyer's right to claim the claim, the claim of the claim and the 

· Exchange for new goods.

· Repair of goods.

· A reasonable discount on the purchase price.

· withdrawal from the contract.

4. The buyer has the right to withdraw from the contract,

· If the goods have a material defect.

· If the item cannot be properly used for repeated defects or defects after repair.

· With a large number of defects in the goods.

5. The Seller is obliged to accept a complaint at its premises where the complaint is accepted, possibly at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of the buyer's right to claim the claim, the claim of the claim and the manner of processing the claim, as well as a confirmation of the date and method of processing the claim, including the confirmation of the repair and its duration, or rejection of the complaint.

6. The seller or a person authorized by him shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiration of this period is considered as a breach of contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the buyer's will (application of the right of defective performance) occurs to the seller.

7. The Seller shall inform the Buyer of the outcome of the claim in written form.

8. The right of defective performance does not belong to the buyer, if the buyer knew, prior to taking over the item, that the thing was defective or if the buyer caused the defect himself.

9. In the event of a legitimate claim, the buyer has the right to be reimbursed for the expense incurred in connection with the claim. This right may be used by the buyer at the seller within one month after the expiration of the warranty period.

10. The buyer has the right to choose a method of a complaint.

 

11. The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., on Consumer Protection.

 

12. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.

 

Delivery

 

1. All correspondence of the Contracting Parties may be exchanged via electronic mail.

 

2. The Buyer sends the Seller's correspondence to the email address specified in these Terms and Conditions. Seller sends the correspondence to the buyer at the email address listed in his customer account or in the order.

 

Out-of-court dispute resolution

  1. The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 

Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http: //ec.europa.eu/consumers/ ... can be used to resolve disputes from the sales contract between the seller and the buyer.

 

2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http: //www.evropskyspotrebitel ... is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).

 

3. The Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection practises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.

 

 

 

Final Regulations

  1. All agreements between the seller and the buyer comply with the Czech legal order. If a relationship based on a sales contract contains an international element, then the parties agree that 

the relationship is governed by the laws of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.

2. The Seller is not bound by the Code of Conduct in relation to the Buyer within the meaning of Section 1826 (1) e) of the Civil Code.

3. All rights to the Seller's website, in particular copyrights to the content, including the layout of the site, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.

4. The Seller shall not be held liable for any errors resulting from third-party interference with the Internet Store or as a result of its use contrary to its intended use. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose or function.

5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.

6. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

8. An annex to the Business Terms and Conditions is a template for withdrawal.

 

 

These Terms and Conditions come into effect on 01.01.2018