Terms and conditions

I. INTRODUCTORY PROVISIONS
 

1. These general terms and conditions (the “Terms”) govern the rights and obligations of the parties when entering into and performing a purchase agreement (the “Agreement”) between the Seller and the Customer as buyer, concerning the sale of Goods and their delivery to the Customer. For the purposes of these Terms, the Seller is Livestis s.r.o., with its registered office at Náměstí Míru 341/15, Vinohrady, 120 00 Praha 2, company ID 118 79 629, registered in the Commercial Register maintained by the Municipal Court in Prague, file C 355810.
2. The Customer must read these Terms before using the Service.
3. Under the Agreement, the Seller undertakes, in accordance with these Terms, to deliver the Goods to the Customer and enable the Customer to acquire ownership of them; the Customer undertakes to accept the Goods and pay the Seller the Price and Shipping Charge.
4. For the purposes of these Terms, the following definitions apply:
   
   1. Customer means a person using the Service and may also be referred to as the Buyer in these Terms;
   2. Order means the Customer's binding offer to the Seller to enter into an Agreement;
   3. Price means the amount the Customer undertakes to pay the Seller for the Goods under the Agreement, as specified in the Order; if the price displayed for an item differs from the price in the Order summary, the price in the Order summary is binding;
   4. Goods means items specified and described on the Website and offered for sale there, which the Customer includes in the Order by adding them to the virtual basket (Goods also include a gift voucher activated by entering its code in the “my Credits” section of the User Account);
   5. Shipping Charge means the amount charged to the Customer in addition to the Price, for which the Seller undertakes to arrange delivery of the Goods to the Customer.
   6. Service means the online environment at terezietrusinova.com, through which Orders are placed and Agreements are concluded;
   7. Website means the website terezietrusinova.com.
5. The Seller and Customer enter into the Agreement through the Service. The Agreement is concluded when the Seller sends the Customer confirmation of acceptance of the Order.
6. By concluding the Agreement, the Seller undertakes to arrange delivery of the Goods and enable the Customer to acquire ownership of them, and the Customer undertakes to pay the Seller the Price and Shipping Charge.
7. All relationships between the Seller and Customer arising from, through or in connection with the Service and items offered by the Seller through the Website are governed by Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), and, for Agreements with consumers, Act No. 634/1992 Coll. on Consumer Protection, as amended.

 

II. ORDER 

1. Orders may be submitted to the Seller only through the Service. 
2. The Service allows the Order to be edited until it is confirmed as binding.
3. The Order summary in the Basket specifies the purchase and defines the Goods and Price. If the Order reflects the Customer's wishes, the Customer proceeds to select payment and delivery methods. The Shipping Charge is calculated according to those selections.
4. The Customer may pay the purchase price and any Shipping Charge using one of the offered methods.
5. After choosing a payment method, the Customer may review the entire Order and amend the information entered. If the Customer agrees with the Order details and wishes to enter into the Agreement, the Customer must confirm the Order in the system by clicking the link used to complete and confirm it.
6. The Customer must complete the Order fields as required by the preset parameters. Mandatory fields are indicated. All information entered in the Order must be truthful and is binding.
7. The Seller may withdraw from the Agreement if the Order contains incorrect or incomplete information required for performance, or if an extraordinary, unforeseeable circumstance prevents the Seller from performing the Agreement.
8. The Order must contain the personal data required for the Seller to perform the Agreement properly.
9. To complete the Order, the Customer must agree to these Terms.
10. The Seller sends the Buyer an acknowledgement of receipt of the Order immediately upon receiving it. This acknowledgement does not constitute conclusion of the Agreement.

III. PRICE

1. The Price of the Goods stated in the Order is final and includes taxes and charges.

 

IV. CONCLUSION OF THE PURCHASE AGREEMENT 

1. The Agreement is concluded when the Seller sends the Customer confirmation of acceptance of the Order.
2. Under the Agreement, the Seller must arrange delivery of the Goods to the address specified by the Customer in the Order (the “Place of Delivery”). The Customer must accept the Goods at the Place of Delivery and pay the Price and Shipping Charge unless already paid. If the Customer does not accept the Goods there, the carrier returns them to the Seller at the Customer's expense. The Place of Delivery also includes any other collection point specifically agreed between the carrier and Customer during delivery. Delivery by the carrier is governed by that carrier's terms.
3. The Buyer acquires ownership of the Goods once the Buyer has (i) accepted the Goods and (ii) paid the Price and Shipping Charge.
4. Images of Goods on the Website are for illustration only.

 

V. TIME FOR PERFORMANCE 

1. The performance period (also called the delivery period) begins on the date the Agreement is concluded. The Seller undertakes to dispatch the Goods through the carrier chosen by the Customer as soon as operationally possible.
2. If the Customer chooses advance payment by bank transfer, the performance period begins on the day both the Price and Shipping Charge are credited to the Seller's bank account.

 

VI. OTHER RIGHTS AND OBLIGATIONS 

1. In addition to the other obligations under these Terms, the Customer undertakes to:
   1. Follow the instructions and guidance available at terezietrusinova.com and these Terms when using the Seller's services;
   2. Accept the Goods from the Seller;
   3. Provide the Seller, without undue delay, with the cooperation needed for proper performance.

2. If the Customer does not accept the Goods from the carrier, the Seller may withdraw from the Agreement by sending a message to the contact email in the Order and claim damages and the costs of returning the Goods to the Seller.

VII. USER ACCOUNT 

1. To place Orders and use the Seller's services through the Website, the Customer may register in the Seller's system on the Website and create a User Account. The Customer may also do so while placing an Order by selecting the option to create a User Account.
2. To register successfully and create a User Account, the Customer must provide truthful personal information.
3. After successful registration, the Customer receives a confirmation email with all the information needed to log into the User Account.
4. To log into the User Account, the Customer uses the email address and password provided during registration.
5. The Customer must keep the information needed to access the User Account confidential.
6. The Customer may not allow third parties to use the User Account.
7. The Seller may cancel the User Account, particularly if it has not been used for more than one year or if the Customer breaches obligations under the Agreement, including these Terms. The Customer may also cancel the User Account by emailing a cancellation request to the contact email listed on the Website.
8. The Customer acknowledges that the User Account and system may not be continuously available, particularly because of necessary maintenance of the Seller's or third parties' hardware and software.
9. The Customer agrees to the storage of Order history in the User Account. The Seller retains Orders for 5 years. On specific request, an Order may be made available to the Customer by email.

VIII. PERSONAL DATA AND GDPR 

1. The privacy policy is set out in a separate document entitled “Information on Personal Data Processing”, which is available.
2. The Customer must provide correct and truthful personal data and inform the Seller of any changes without undue delay.
3. The Seller may appoint a third party as a processor of the Customer's personal data. Except for persons delivering the Goods, the Seller will not disclose personal data to third parties without the Customer's prior consent.
4. The Customer confirms that the personal data provided are correct and that the Customer has been informed that providing them is voluntary.
5. Any communication from the Contractor is delivered to the Customer's email address stated in the System, unless the Seller communicates by mobile phone.

IX. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINTS

1. The Seller does not provide the Buyer with a quality guarantee for the Goods. Under Section 2165(1) of the Civil Code, a Buyer who is a consumer may exercise rights in respect of a defect that appears in the Goods within 24 months of receipt. The Seller is liable for defects present when the Buyer receives the Goods.
2. Performance by the Seller is considered proper even where dimensions or weight vary by no more than 5%. The Seller is not liable for defects caused by incorrect or inappropriate handling or use, unsuitable storage or placement, natural disasters, or the Buyer or a third party. When handling the Goods, the Buyer must follow the accompanying instructions or, if none are supplied, exercise ordinary care.
3. The Buyer may exercise rights arising from liability for defects in the ways set out below; for non-consumers, only in this order: if the defect consists of incomplete delivery, the missing Goods will be supplied; otherwise the defect will be remedied, replacement Goods supplied or a reasonable reduction in the Price granted. A non-consumer Buyer making a valid complaint may not demand new Goods if unable to return the Goods in the condition in which they were received. This does not apply if the change resulted from inspection to identify a defect, if the Buyer used the item before discovering the defect, if the inability to return it unchanged was not caused by the Buyer's act or omission, or if the Buyer sold the item before discovering the defect.
4. If a non-consumer Buyer incurs damage in connection with the Seller's liability for defects, compensation, including lost profit, is limited to the Price of the Goods stated in the Order. The Seller's liability for defects and the Buyer's damage is excluded where the deficiencies arise from force majeure or the Buyer's improper conduct.
5. The Buyer may complain about defects in the Goods and exercise the rights corresponding to the Seller's liability, in accordance with these Terms and the Civil Code.
6. If the carrier delivers Goods in damaged packaging, or the Buyer is unsure whether the Goods show signs of damage on receipt, the Buyer and carrier shall prepare a written complaint record at the delivery location. The Buyer may refuse a damaged parcel. By signing the delivery document, the Buyer agrees to accept the Goods and confirms receipt without visible damage or defects.
7. A complaint may be made whenever the Seller's liability for defects is invoked. The Buyer must state the grounds for the complaint, identify and describe the defect and explain how it manifests itself so it cannot be confused with another defect; otherwise the submission is not considered a complaint.
8. After a complaint is submitted, the Seller emails the Buyer an acknowledgement stating when the right was exercised, the subject of the claim and the remedy requested by the Buyer.
9. For a justified complaint, the Buyer is entitled to reimbursement of necessary transport costs. Goods sent cash on delivery will not be accepted.
10. If the Seller finds that the complaint is unjustified, the Buyer must bear the related transport costs.
11. If the Seller handles a complaint contrary to these Terms or the Civil Code, the Buyer may approach the Seller with a proposal for an out-of-court resolution.
12. The Seller undertakes to resolve a consumer Buyer's complaint within 30 days of receipt, or within an agreed period not exceeding 60 days. If the complaint is not resolved within that period, the Buyer may request a price reduction or withdraw from the Agreement.

X. WITHDRAWAL 

1. A consumer Buyer may withdraw from the Agreement and return the Goods within 14 days of receipt. Non-consumer Buyers do not have this right. Consumer Buyers may also withdraw in other cases prescribed by law. The Buyer bears the cost of returning the Goods by any other method.
2. The Buyer must give the reason for withdrawal, except where a consumer Buyer withdraws within the statutory 14-day period; no reason is required in that case. A withdrawal without statutory or contractual grounds is not considered a withdrawal under these Terms and does not have the intended effects.
3. Goods may never be returned cash on delivery. The Seller will not accept such Goods, and this does not constitute delay by the Seller in accepting them.
4. If the Agreement is withdrawn from wholly or partly and the Buyer returns the affected Goods in the condition required by these Terms or law, the Seller refunds their Price within two weeks of receiving both the withdrawal notice and the returned Goods. Where a consumer Buyer withdraws on valid statutory or contractual grounds, the Seller refunds the Price, including necessary delivery costs, without undue delay and no later than fourteen (14) days after receiving the withdrawal notice, using the original payment method or another method agreed by the consumer Buyer. The Seller need not refund the purchase price and delivery costs before the consumer Buyer hands over the returned Goods.
5. For hygiene reasons, used Goods cannot be returned, for example in cases under Section 1837(g) of the Civil Code. Goods handled beyond the inspection necessary under Section 2104 of the Civil Code are also considered used. This does not affect a consumer Buyer's right to withdraw without giving a reason within 14 days of receipt.
6. On withdrawal, the Buyer must return everything received under the Agreement to Mail Step a. s., Do Čertous 2760/10, 193 00 Praha. Under Section 1833 of the Civil Code, a consumer Buyer is liable to the trader for any reduction in the Goods' value. In such a case, the Seller refunds the Price reduced accordingly.
7. The Seller may withdraw if the Buyer does not collect the Goods within 7 days of the notified handover date or within 7 days of their deposit at a carrier's branch. This does not affect the Seller's right to a self-help sale under Section 2126 of the Civil Code.
8. The Seller may withdraw from the purchase agreement if its supplier does not deliver the Goods, and will notify the Buyer in writing without delay.
9. The Agreement may be concluded only in Czech.
10. The Customer agrees to the use of distance communication when concluding the Agreement. The Customer bears any associated costs, including internet connection and telephone calls, which do not differ from the basic rate.
11. When using the Website's services, the Customer or any other user must comply with these Terms and confirms having read them. The Seller may amend or supplement the Terms at any time. Any amended or supplemented terms (the “New Terms”) take effect on the day they are made available on the Website. Agreements concluded before the New Terms are made available remain governed by the previous Terms; the same applies to Orders sent to the Seller before the New Terms are made available.
12. The Seller is not bound by any code of conduct in relation to the Customer.
13. If a consumer dispute between the Seller and a consumer Buyer arising from the Agreement cannot be resolved by agreement, the consumer may apply for an out-of-court resolution to the designated consumer dispute resolution body: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Praha 1, Email: adr@coi.cz, Website: coi.cz.
14. The Seller provides its services under a trade licence. The competent trade licensing authority supervises its business activities. Personal data protection is supervised by the Office for Personal Data Protection. Within its remit, the Czech Trade Inspection Authority supervises, among other matters, compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.
15. For Agreements involving an international element, the parties agree that their rights and obligations are governed by Czech law, excluding conflict-of-laws rules. This does not affect consumer rights arising from generally binding legislation.
16. If any provision of these Terms is or becomes invalid or ineffective, it is replaced by a provision whose meaning is as close as possible to the original. This does not affect the validity of the remaining provisions. Amendments to the Agreement or Terms must be in writing.
17. The Seller archives the Agreement, including the Terms, electronically; it is not accessible.
18. The Seller's contact details are listed on the page terezietrusinova.com.

Prague, 19 May 2022

 

 

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