Terms and conditions
1. General provisions
1.1 These Terms and Conditions and the Complaint Rules of the Internet Store lofthomelife.com (hereinafter referred to as the "Terms of Business") apply to the purchase at the online store lofthomelife.com, operated by LOFT HOME LIFE a.s. with its registered office at Generale Mejstříka 1554/7, Praha Zbraslav, 156 00, IČO: 278 22 435.
1.2 These Business Terms and Conditions further define and specify the rights and obligations of the Seller and Buyer (hereinafter referred to as the "Buyer" or "Customer"). Seller data is as follows:
LOFT HOME LIFE a.s.
e-mail address: email@example.com
cell.: +420 605 190 689
registered in the Commercial Register, file no. B 23651 kept at the Municipal Court in Prague
(hereinafter referred to as the "Seller" or "LOFT HOME LIFE a.s.")
1.3 If the buyer is a consumer as defined in point 2.2 below, the relationship not governed by these terms and conditions is governed by Act No. 89/2012 Coll., The Civil Code as amended (hereinafter "Civil Code") and Law No. 634 / 1992Sb. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
1.4 Where the Buyer is a subject other than the consumer as defined in paragraph 2.3 below, the relationship not governed by these Commercial Terms and Conditions is governed by the Civil Code (Section 2158 to Article 2174 of the Civil Code is applicable).
Rights and obligations between the seller and the buyer are governed by the Consumer Protection Act.
1.5 By concluding a purchase agreement, the buyer confirms that he has become familiar with these terms and conditions of business, the content of which is known to him and agrees with them. These Terms and Conditions are an integral part of the concluded Purchase Agreement.
1.6 The seller informs the buyer that the goods sold are intended for use in the home, in commercial areas such as offices, hotels and accommodation facilities, restaurants, etc., unless stated otherwise on the invoice. Buyer's rights from defective performance are not given if the fault is due to excessive workload or inappropriate handling or improper handling.
2. Definition of terms and procedure of conclusion of the purchasecontract
2.1 The seller is a legal person who, when concluding and performing a contract, acts in the course of his business activities. The seller, either directly or through other entrepreneurs, supplies the buyer with products or services.
2.2 Buyer - the consumer is every buyer, unless it is a buyer-another entity as defined in paragraph 2.3 of these terms and conditions.
2.3 Buyer - another entity is a buyer who is an entrepreneur, and when the contract is concluded, it is clear from the circumstances that the purchase relates to his business activity. The entrepreneur is the one who independently carries out on his own account and the responsibility for gainful activity in a trade or similar way, with the intention of doing so systematically in order to make a profit. Any person who concludes contracts related to his / her own business, manufacturing or similar activities or in the independent exercise of his / her profession or a person acting in the name or on behalf of the entrepreneur is also considered to be an entrepreneur.
2.4 Subject of the purchase - the subject of a purchase based on a purchase contract is the goods mentioned in the binding confirmation of the order by the seller, who concludes the purchase contract (also referred to as "goods"). The subject of the contract or part of the purchase price is not the assembly of goods or the yield of the goods up to the floor. The information on the goods available at lofthomelife.com is given according to the currently available data and information. The data on the goods, including the purchase price, is decisive when the buyer delivers the order to the seller.
2.5 Prices are contractual in nature and include VAT (the seller is a VAT payer).
2.6 The procedure for the conclusion of the purchase contract is as follows. Purchaser's order is a draft Purchase Agreement. The Purchase Agreement is concluded by accepting this proposal, by binding confirmation of the order by the Seller delivered by e-mail to the buyer. Purchaser's order and binding order confirmation by the seller are deemed to have been delivered if the parties to whom they have been identified can become acquainted with them. From that moment on, between the buyer and the seller, the mutual rights and obligations arising from the concluded purchase agreement arise. If the buyer discovers errors or other irregularities in the binding acceptance of the order, he shall inform the seller by e-mail of this fact at the latest before the seller is notified of the dispatch of the purchased goods. Changes and additions to an order already made, whether prior to acceptance of the order by the seller or after such acceptance, must be made by e-mail firstname.lastname@example.org or by telephone at +420 605 190 689; such modifications and supplements are effective against the seller only after the vendor agrees. The seller is entitled to refuse an order if it is not possible to deliver the ordered goods to the buyer due to the resale of the goods or the unavailability of the goods (factual impossibility of performance). The customer will be informed by telephone or by e-mail about the cancellation of the order.
3. Rights and obligations of the parties, reservation of ownership
3.1 By concluding the purchase contract, the seller shall be obliged to surrender the subject of the purchase to the buyer, and the buyer shall oblige the buyer to accept the purchase and to pay the seller the agreed price, i.e. the purchase price of the goods.
3.2 The Seller shall deliver the goods specified in the buyer's electronic order (order received by electronic mail) on the order form, which the buyer fills out when ordering the goods, which is confirmed by a binding confirmation of the order by the seller.
3.3 The Seller agrees to provide the Purchaser with the right goods in accordance with the valid legal order of the Czech Republic, to the address given by the Buyer, if such an address is in the Czech Republic.
3.4 The Buyer is obliged to take over the goods ordered and delivered in accordance with the Purchase Agreement and the Business Terms and Conditions. The Buyer is obligated to pay the Buyer's Purchase and Shipping charges properly and in good time in accordance with the terms and conditions agreed in the Purchase Agreement and the Business Terms and Conditions.
3.5 Ownership of the goods is transferred to the buyer until the purchase price has been paid in full. The risk of accidental destruction and accidental deterioration of the goods passes to the buyer by handing the goods to the buyer.
3.6 In accordance with Section 1829 (1) of the Civil Code, the buyer - the consumer has the right to withdraw from the purchase contract within 14 days without giving any reason. The deadline under the previous sentence runs if it is
* Purchase agreement, from the date of receipt of the goods,
* a contract covering several types of goods or the delivery of several parts from the date of the last delivery of the goods,
* or the contract, which is the regular repeated supply of goods, from the date of receipt of the first delivery of the goods.
The withdrawal period is deemed to be preserved if the buyer - the consumer in the course of the contract sends a notice to the seller that he is withdrawing from the contract. In such a case, the consumer shall bear the direct costs associated with the return of the goods and the direct costs of the returned goods. The costs associated with the return of the goods also include the cost of returning the goods when the goods have been damaged or are showing signs of wear and tear when the value of the goods has been impaired as a result of the handling of the goods in a manner other than that required to familiarize them with the nature and characteristics of the goods, including their functionality. If the returned goods are damaged, incomplete, incomplete or have signs of wear and / or use according to the previous sentence, all funds received by the seller shall be returned to the purchaser-consumer less the costs incurred by the seller for the goods to be returned. This is without prejudice to the right to damages incurred by the seller.
3.7 In the event that the purchaser - the consumer decides to withdraw from the purchase contract, the seller recommends the following procedure: buyer - the consumer contacts the seller through the form on the e-shop website lofthomelife.com in the Complaint category or any other form of one-sided such as a letter sent by a postal service provider to the address of the seller's address or by email to email@example.com, stating in writing that he is withdrawing from the contract with the order number, purchase dates and the money account number (i.e., purchase and cost of delivery to the buyer's place). The vendor in a textual form shall confirm to the buyer-to-consumer the acceptance of the legal act constituting the withdrawal, without undue delay. In the case of withdrawal of the buyer - consumer from the contract, the buyer / consumer shall send the seller to the seller without undue delay, not later than fourteen days after withdrawal from the contract, the goods received from him; this period is presumed to be preserved if the buyer / consumer sends the goods to the vendor. The buyer sends the goods to the vendor's warehouse. All funds received by the seller from the purchaser-consumer, including delivery costs (excluding the additional costs incurred due to the delivery method chosen by the buyer-consumer other than the cheapest standard delivery method offered by the seller) will be refunded by bank transfer to the customer specified a bank account within 14 days of withdrawal from the contract, but not before the purchaser / consumer of goods delivers to the seller or proves that the goods have been dispatched to the seller.
4. Payment Terms
4.1 Goods will not be handed over to the buyer until after the full purchase price has been paid.
4.2 The Purchaser may pay the purchase price (i) personally upon receipt of the goods in the warehouse or from a transport company worker when the goods are delivered by cash on delivery, (ii) by a credit card, or (iii) by bank transfer to:
Czech currency CZK:
Monetary Institute: FIO Bank
Account number: 2601447413/2010
Foreign currency EURO:
Monetary Institute: FIO Bank
Account number: 2801481886/2010
5. Delivery date and shipping
5.1 Goods will be delivered to the customer on working days only within the Czech Republic from 08:00 to 17:00, the delivery date is different for each item and is always given in the description of the goods (hereinafter referred to as "delivery date"). In the case of ordering more pieces of goods, at least one delivery date being different, the deadline for the delivery of the entire consignment is the latest date from the dates given for the individual products in the order. These delivery dates do not apply only if the seller and the buyer agree to another delivery date, this new date must be confirmed by the seller to be valid for that order. The goods are delivered to the delivery address given in the order for the first entrance door.
5.2 Shipments are sent by LOFT HOME LIFE a.s. unless the seller and the buyer otherwise agree.
5.3 When taking delivery of the consignment, the customer is required to inspect the consignment in order to determine whether the packaging is intact and that the consignment shows no obvious signs of damage. This check does not apply to the content of the shipment. If the consignor receives clear signs of damage upon receipt of the shipment, the customer is not obliged to take over the consignment and write a record of damage to the carrier. Damage to the shipment during shipping shall be reported by the buyer to the seller without undue delay within 24 hours. This damage report to the seller is recommended in writing via e-mail firstname.lastname@example.org, which is also posted on the e-commerce website lofthomelife.com. If the customer has received such a damaged shipment from the carrier, it is necessary to describe the damage in the delivery protocol of the carrier. If the shipment contains glass, it is necessary to unpack it and check it. A broken glass complaint can only be applied to a carrier. At the same time, the customer checks the number of packages on the shipping list, which must be the same as the actual number of packages delivered. If the number of packages in the shipping list does not match the number of packages delivered, the customer will take over the consignment with a reservation on the shipping slip and will report it in writing via e-mail email@example.com, which is also on the website lofthomelife.com. If it does not, the claim for the missing package (s) will not be recognized.
5.4 The freight charge is free of charge.
5.5 Prior to delivery, the customer is contacted by the transport company by phone and the delivery time is agreed upon. If the customer is not in the delivery of the shipment, a notification is given at the place of delivery, based on which the customer is obliged to contact the transport company and arrange delivery time with the customer. The date of delivery of the goods is preserved if the first time of delivery of the shipment offered to the transport company customer does not exceed the term of delivery of the goods.
5.6 The customer is obliged to pay the actual transport costs even if the goods are not taken over by the transport company for reasons on his / her side. In the case of goods dispatched to the customer, an invoice will be sent to the customer with the amount of the transport. The above does not apply if the customer prior to notifying the seller or transport company about the expedition of the purchased goods in writing informs the seller of the withdrawal from the purchase contract according to the procedure of article 3.7 of these terms and conditions.
6. Guarantee for take-over quality, defective performance rights and claim rules
6.1 The Seller is responsible to the Buyer-Consumer for the fact that the item does not have any defects upon acceptance (Quality Assurance Guarantee in accordance with § 2161 Civil code). The Goods Invoice also serves as a warranty card.
6.2 If the property does not have the characteristics set out in § 2161 Civil code, the purchaser-consumer may also require the supply of a new item without defects if it is unreasonable due to the nature of the defect, but if the defect relates only to the part of the item, if this is not possible, it can withdraw from the contract. However, if the defect is disproportionate due to the nature of the defect, if the defect can be remedied without undue delay, the buyer has the right to free the defect free of charge. If the buyer-consumer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace his part or to repair the item, he may require a reasonable discount. Buyer-consumer has the right to a reasonable discount even if the seller cannot deliver a new thing without defects, replace its part or repair the item as well as if the seller fails to remedy the remedy within a reasonable time or that the remedy to the buyer-consumer would have considerable difficulties.
6.3 If a defect occurs within six months of receipt of the goods by the purchaser-consumer, it shall be deemed to have been defective at the time of acceptance, if the defect is not covered as set out in points 6.7. and 7.8.
6.4 Rights to defective performance by the buyer do not belong to defects in goods caused by improper handling or assembly by buyers.
6.5 The defect of the goods is not a common color or a difference in the structure of natural materials, textile and artificial materials (e.g. when furniture substances are minor deviations in the pattern of the substance or in color tone), lacquered or tiled surfaces, especially for the additionally ordered goods. There are no differences in dimensions of upholstered furniture within tolerance. For sellers at a lower price, the seller is not responsible for a defect for which a lower price was agreed.
6.6 The Seller reserves the right to minor technical changes to the goods sold.
6.7 The right to defective performance does not apply to wear and tear caused by its normal use, improper use or treatment, weather conditions, improper handling, intentional damage or defects to which the customer has been notified in writing in the sales contract.
6.8 The Buyer-Consumer is entitled to exercise the right to a defect that occurs in the goods within twenty-four months of the acceptance (unless otherwise stated on the invoice), the Buyer - another entity within six months of the takeover. For second-hand goods, the parties negotiate a time limit for claiming defective performance for twelve months from the takeover.
6.9 In the event of defective performance, the Purchaser-another entity shall be agreed by way of derogation from the relevant provisions of the Civil Code. following:
* the occurrence of a repairable defect or repairable defect is always considered to be an insignificant breach of contract not for a substantial,
* In the case of an insubstantial breach of contract, the buyer - another entity has the right to remove the defect or a reasonable discount on the purchase price, at the option of the seller,
* In the case of a substantial breach of contract, the buyer - another entity has the right to a reasonable discount on the purchase price or to withdrawal from the contract.
Rights and obligations between the seller and the buyer are also governed by the Consumer Protection Act.
6.10 If the customer discovers other than obvious damage to the consignment, which is likely to be caused by the carrier, the following procedure is recommended. The customer informs the seller via e-mail firstname.lastname@example.org or email@example.com without undue delay, no later than 3 business days from the day the customer was delivered the shipment. The customer may not manipulate the shipment and must ensure that the package in which the shipment has been delivered to him / her is retained. At the same time, the customer will send a photo documentation of damaged goods, packaging, and shipping labels.
6.11 Claims may be claimed by the buyer at the Seller via the Seller's website. The seller recommends the following procedure for claiming the claim: (i) by filling in the relevant form on the lofthomelife.com web site in the Complaints category, (ii) by a letter delivered to the seller, or (iii) by email sent to firstname.lastname@example.org . In all cases, the buyer will attach photo documentation of the damaged goods.
6.12 The Seller decides to complain to the purchaser - consumer as soon as possible, depending on the supplier's option but no later than within the time limit specified by law. This period shall not include the time appropriate to the type of goods required for expert judgment of the defect. Complaints, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of filing of the claim, if the seller does not agree with the buyer for a longer period.
7. Final Provisions
7.1 All contractual relationships are governed by Czech law.
7.2 These Business Terms and Conditions become effective on the date of their publication and are relevant in the relevant wording for all orders made on that day and later. Seller reserves the right to change these terms and conditions. The new business terms will be published on the seller's website lofthomelife.com.
The date of their publication cancels the validity of the previous business terms, but this does not affect the sales contracts concluded according to the current terms of business terms (see the first sentence of this paragraph).
7.3 The Buyer is not entitled, without the Seller's consent, to assign his claim to the Seller arising from the Purchase Contract to a third party.
7.4 Special arrangements with the customer made in the Purchase Agreement take precedence over the provisions of these business terms that would conflict with them.
7.5 In accordance with the Consumer Protection Act No. 634/1992 Coll., The buyer has the right to apply to a consumer disputes between the buyer and the seller in the so-called non-judicial resolution of consumer disputes. This entity is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ 000 20 869. The Internet address of the Czech Trade Inspection Authority is: http://www.coi.cz.
8. Protection of personal data
8.1 The Seller processes personal data in accordance with Act No. 101/2000 Coll., On the Protection of Personal Data and on Amendments to Some Acts, as amended (hereinafter referred to as "GDPR").
8.2 By sending an order, the Purchaser declares that he has been informed of these facts pursuant to § 11 of the GDPR, as amended, and according to § 5 of the GDPR agrees with the following facts:
a. The Seller will be in the position of a personal data controller to process the buyer's personal data listed in the order, i.e. the name, surname, address, email address and buyer's telephone number (hereinafter referred to as "buyer's personal data") in electronic form.
b. Buyer's personal data will be processed by the vendor's employees.
c. Buyer's personal data will be processed to fulfill the seller's contractual obligations and for the marketing purposes of the vendor.
d. Buyer's personal data will not be provided to third parties except for the transport company for performance of the contract, i.e. the transport of goods to the buyer.
e. The buyer as a data subject has the right to access his / her own personal data processed by the seller and the right to repair them.
f. The buyer's phone number and e-mail will be kept for as long as the purchaser agrees to process this data.
8.3 The buyer has the right to access his or her personal data. Buyer as a data subject may ask the seller for an explanation of the processing of personal data and their changes in the meaning of Section 21 of the GDPR if it finds or believes that its data are processed in violation of the protection of its private and personal life or in violation of the law , especially if personal data are inaccurate with regard to the purpose of their processing. In this context, the buyer may require the seller to remove the resulting condition. If the seller fails to comply with this requirement, the buyer has the right to contact the Office for Personal Data Protection located in Prague.
8.4 Buyer provides his or her data on a voluntary basis in connection with the conclusion of the Purchase Contract and the performance arising from this Purchase Agreement and for the Seller's marketing purposes.
8.5 The Buyer is entitled to withdraw his / her consent to the processing of personal data at any time.
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