Terms and conditions

1.1. These General Terms and Conditions of Business (hereinafter referred to as the “Business Terms and Conditions”) of Labona, s.r.o., with its registered office at Palackeho nam. 152, 665 01 Rosice CZ, Company ID 03898881, entered into the Commercial Register maintained by the Regional Court in Brno under Section C, File 87305 (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Article 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising under or in connection with a purchase agreement (hereinafter referred to as a “Purchase Agreement”) concluded between the Seller and a natural person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The Seller operates the e-shop at www.labona.eu (hereinafter referred to as the “Website”) through its web interface (hereinafter referred to as the “E-shop Web Interface”).

1.2. Provisions deviating from the Business Terms and Conditions may be laid out in a Purchase Agreement. Any deviating provisions in a Purchase Agreement shall take precedence over the provisions set forth in the Business Terms and Conditions.

1.3. The provisions of the Business Terms and Conditions form an integral part of any Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are drawn up in English. The Purchase Agreement may be concluded in English.

1.4. The Seller may change and amend the wording of the Business Terms and Conditions. This provision shall not affect any rights and obligations accrued during the validity of any preceding wording of the Business Terms and Conditions.

2.1. Orders may be placed in the e-shop by unregistered customers or registered customers via a user account.

2.2. The Buyer may access his/her user interface upon registration with the Website. The Buyer may order goods via his/her user interface (hereinafter referred to as the “User Account”).

2.3. When registering with the Website and when ordering goods, the Buyer shall be obliged to enter all information correctly and truthfully. The Buyer shall be obliged to update the information stated in the User Account in the case of any change to the information. The Seller shall consider all of the information stated by the Buyer in the User Account and when ordering goods to be correct.

2.4. Access to the User Account is secured by a username and a password. The Buyer shall be obliged to keep his/her User Account access information confidential. The Buyer is not entitled to allow third persons to use his/her User Account.

2.5. The Buyer acknowledges that the User Account may not be available at all times, especially with regard to any necessary maintenance to the Seller’s hardware and software and any necessary maintenance to the hardware and software of third parties, as the case may be.

3.1. Any presentation of goods placed on the E-shop Web Interface is for informational purposes only, and the Seller shall not be obliged to conclude a Purchase Agreement for such goods. The provisions of Article 1732(2) of the Civil Code shall not apply.

3.2. The E-shop Web Interface contains information about goods, including prices stated for individual items and the cost of returning goods that by their nature cannot be returned by normal post. The prices of goods are listed including value added tax and any related fees. The prices of goods shall remain in force for the period of time for which they are displayed on the E-shop Web Interface. This provision shall not limit the Seller’s entitlement to conclude a Purchase Agreement under individually agreed terms and conditions.

3.3. The E-shop Web Interface also contains information on the costs of cash on delivery (hereinafter referred to as “COD”) and the delivery of goods. The information on the costs of COD and the delivery of goods stated on the E-shop Web Interface applies only when the goods are delivered within the territory of the EU. 

3.4. To order goods, the Buyer shall complete an order form via the E-Shop Web Interface. Said order form contains in particular information about:

• 3.4.1. the ordered goods (the Buyer shall “place” the goods being ordered into the electronic shopping cart in the E-shop Web Interface),

• 3.4.2. the payment method for the purchase price of the goods, information about the preferred delivery method for the ordered goods, and

• 3.4.3. information on the costs associated with the delivery of the goods (hereinafter referred to collectively as an “Order”).

3.5. Before submitting an Order to the Seller, the Buyer has the opportunity to check and change the data that he/she entered into the Order in order to, among other things, identify and correct any input errors made in completing the Order. The Buyer shall send the Order to the Seller by clicking the “Place a firm order” button. The information stated in the Order shall be considered to be correct by the Seller. Immediately after receiving the Order, the Seller shall confirm said receipt to the Buyer via an email sent to the email address specified in the Buyer’s User Account or the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.6. The Seller shall always be entitled, depending on the nature of the Order (e.g. the quantity of goods, the purchase price, the estimated shipping costs), to ask the Buyer for an additional confirmation of the Order (for example, in writing or by telephone).

3.7. A contractual relationship between the Seller and the Buyer is established upon the delivery of the Order confirmation that is sent by the Seller to the Buyer via electronic mail to the Buyer’s Email Address.

3.8. The Buyer agrees to the use of a means of distance communication in concluding the Purchase Agreement. Any costs incurred by the Buyer in using the means of distance communication with respect to concluding the Purchase Agreement (e.g. the costs of an internet connection, the costs of telephone calls) shall be borne by the Buyer, and said costs shall not differ from basic rates. 

4.1. The Buyer acknowledges that, pursuant to the provisions of Article 1837 of the Civil Code, a consumer may not withdraw from a contract for, among other things, the supply of goods which were customised or personalised, the supply of goods subject to rapid decay as well as goods which were irreversibly mixed with other goods after supply, the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, and the supply of audio or video recordings or computer software whose original seal was unsealed after supply.

4.2. Unless a case is listed under paragraph 4.1 of the Business Terms and Conditions or it is another case where a consumer may not withdraw from a purchase agreement, the Buyer has the right, pursuant to Article 1829(1) of the Civil Code, to withdraw from the Purchase Agreement (this applies only to spare parts) within fourteen (14) days from the receipt of goods, but when the subject of the Purchase Agreement is several types of goods or delivery of several parts, the period starts running from the day of receipt of the last delivery of goods.  The withdrawal from the Purchase Agreement must be sent to the Seller within the period of time defined in the previous sentence. The Buyer may send the withdrawal from the Purchase Agreement to, among other addresses, the Seller’s business office or the Seller’s email address info@labona.eu. For withdrawing from the Purchase Agreement, the Buyer may use the standard form provided by the Seller in the footer of the Website (under “Claims”). 

• 4.2.1. In the case of withdrawal from the Purchase Agreement pursuant to paragraph 4.2. of the Business Terms and Conditions, the Purchase Agreement shall be terminated. The Buyer must return the goods to the Seller within fourteen (14) days from the delivery to the Seller of the withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs of returning the goods to the Seller, even in the case where the goods, by their nature, cannot be returned by normal post.

• 4.2.2. In the case of withdrawal from the Purchase Agreement pursuant to paragraph 4.2. of the Business Terms and Conditions, the Seller shall return the money received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the contract in the same manner as the Seller received said money from the Buyer.

5.1. The purchase price shall be determined for the Buyer via a calculation in the automated e-shop operated on Website or by means of the Seller’s written quoted price. Prices for goods are shown inclusive of 21% VAT and packaging costs.

5.1. The purchase price shall be determined for the Buyer via a calculation in the automated e-shop operated on the Website or by means of the Seller’s written quoted price. Prices for goods are shown inclusive of VAT and packaging costs. All prices are shown with the VAT valid at the moment an Order is placed. In the case that the VAT has changed by the time a Purchase Agreement is concluded or the goods dispatched, the Buyer shall be obliged to pay the outstanding balance on the purchase price or the Seller shall immediately contact the Buyer with a request for information about where to send the Buyer refund of the purchase price overpayment.

5.2. Any discounts on the prices of the goods provided by the Seller to the Buyer cannot be combined.

5.3. The Buyer shall pay 100% of the sum for the goods in advance via a bank transfer based on a pro forma invoice to the Seller’s account or automatically by making a payment via the PayPal or ThePay payment gateways.

5.4. In the case of COD, the Buyer shall pay the price for the Order in cash to the carrier. The carrier shall not accept card payments.

5.5. The Seller shall issue a tax invoice to the Buyer after the price of the goods has been paid and shall send it in electronic form to the Buyer’s Email Address no later than 48 hours after the payment is credited to the Seller’s account.

6.1. Transport shall be charged depending on the product width – see the transport price list. The Seller reserves the right to determine the transport company depending on the size of the given product. The contracted carriers are DPD, Toptrans, and Česká pošta. If the transport method is changed based on a request from the Buyer, the Buyer shall bear any and all risks and costs associated with the change in transport.

6.2. The Seller shall be obliged to deliver the goods to the place designated by the Buyer in the Order, and the Buyer shall be obliged to accept the goods upon delivery.

6.3. Delivery times are specified for each product. Delivery times may differ for individual products depending on the complexity of production and the date of delivery from the manufacturer. If the Buyer orders a large quantity of goods or the total quantity of ordered goods exceeds the manufacturing capacity, the Seller shall be entitled to adjust the delivery date to the manufacturer’s capacity, which the Seller will notify the Buyer about in writing or by phone.

6.4. In the case that the Buyer selects COD, the term for delivery of the goods will be automatically prolonged by two working days. The Seller will notify the Buyer in advance of an approximate delivery date in writing or by phone.

6.5. Upon receipt of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging and in the event of any defects whatsoever to immediately inform the carrier of said defects and state said defects on the delivery receipt. If the packaging is found to have be broken, indicating unauthorised opening of the consignment, the Buyer is not obligated to accept the consignment from the carrier..     

• 6.5.1. By signing the delivery receipt, the Buyer confirms that the consignment met all terms and conditions, and any later claims regarding broken consignment packaging need not be taken into account..

6.6. In the event that, for reasons arising from the Buyer, it is necessary to deliver the goods repeatedly or in any manner other than that stated in the Order, the Buyer shall be obliged to pay the costs associated with repeated delivery of the goods or the costs associated with any other method of delivery. The Buyer or the ordering party assumes ownership of the packaging of the goods.

7.1. Unless a longer warranty period is provided by the Seller’s express declaration, the warranty period shall be 24 months following the date of the delivery of the goods to the Buyer. To exercise the warranty, the Buyer shall be obliged to submit the tax invoice from the Seller (the invoice for the goods that is attached to an email with the subject “Paid” or “COD – Paid”). The Seller is not liable for any defects in the goods caused by improper handling by the user. Claims shall be governed by the applicable legal code. If the Seller is not able to eliminate a defect in a product, the Buyer shall be delivered a new product or shall be returned the entire payment via transfer to the Buyer’s bank account within 10 working days.

7.2 The risk of damage to property shall pass to the Buyer upon receipt of the goods.

• 7.2.1. If the Buyer detects any damage to the goods after having opened the package, the Seller must be immediately notified of such damage no later than within 3 days following said detection (by sending a photograph to the email address: info@labona.eu. In the case of a later claim regarding damage in transit, such a claim need not be taken into account according to Article 6.5.

• 7.2.2. If the repair of a product is agreed on, the Seller shall ensure collection from the Buyer at the Seller’s expense. The term of 30 days for settling the claim starts from the date of the claim notification. Within this term, the Seller shall be obliged to repair the defect and send the product back to the Buyer. The Buyer shall be informed of the overall progress on his/her claim immediately or within 3 days in complicated cases. The Seller shall inform the Buyer in writing about the Buyer’s rights arising from defective performance no later than 24 hours from being notified of a defect and shall send the resolution to the defect to the Buyer’s Email Address. The Buyer shall be informed of his/her claim settlement (termination) electronically at the Buyer’s Email Address. If the Seller fails to contact the Buyer electronically via email within 30 days, the defect is deemed to be irremovable and the Buyer is therefore entitled to be refunded the payment for the product.
  
  

7.3. The colours in the E-shop are only approximate. The shade may differ due to the monitor settings, display technology, and colour calibration. The Seller will not accept any claims regarding selection of an incorrect colour according to a sampler displayed electronically.

8.

8.1. The Buyer shall acquire ownership of the goods upon payment of the full purchase price of the goods.

8.2. In its relationship with the Buyer, the Seller shall not not be bound by any codes of conduct within the meaning of Article 1826(1)(e) of the Civil Code.

8.3. The Seller shall ensure the handling of consumer claims through the email address info@labona.eu . The Seller shall send information on the processing of the Buyer’s claim to the Buyer’s Email Address.

8.4. Out-of-court resolution of consumer disputes arising from the Purchase Agreement shall fall under the competence of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID 000 20 869, website: https://adr.coi.cz/en/. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, is the contact point according to Regulation (EC) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.6. The Seller is entitled to sell goods on the basis of its trade licence. Trade inspections are carried out by the applicable Trade Licensing Office within the scope of its competence. Supervision over the protection of personal data shall be exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority, inter alia, supervises compliance with Act No. 634/1992 Coll. on consumer protection, as amended, within a defined scope.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Article 1765(2) of the Civil Code.

9.1. The Seller shall fulfil its obligation to inform the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (the General Data Protection Regulation; hereinafter referred to as the “Regulation”), as related to the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Agreement, the purpose of negotiating the Purchase Agreement, and the purpose of fulfilling the Seller’s obligations under public law by means of a separate document..

10.1 The Buyer agrees, within the meaning of Article 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendments to some acts (the Act on Certain Information Society Services), as amended, for the Seller to send commercial communications to the Buyer’s Email Address or telephone number. The Seller has issued a separate document by means of which the Seller meets its obligation towards the Buyer within the meaning of Article 13 of the Regulation with regard to the processing of the Buyer’s personal data for the purpose of sending commercial communications.

10.2. The Buyer agrees to the storing of cookies on his/her computer. If it is possible for a purchase to be executed on the Website and the Seller’s obligations from the Purchase Agreement to be met without cookies being stored on the Buyer’s computer, the Buyer may withdraw his/her consent according to the previous sentence at any time.

11.1. Electronic goods may be delivered to the Buyer at the Buyer’s Email Address.

12.1 The Seller establishes customer satisfaction with purchases by means of email questionnaires within the Ověřeno zákazníky (Verified by Customers) programme, in which the Sellers’ e-shop participates. The Seller sends such emails every time a customer makes a purchase at the E-shop Web Interface unless said customer within the meaning of Article 7(3) of Act No. 480/2004 Coll., on certain information society services, rejects commercial communications or withdraws his/her previously given consent.

12.2 The Seller has engaged a processor to send questionnaires to customers, evaluate their feedback, and analyse its market position. The processor is the operator of Heureka.cz; the Seller may hand over the information about purchased goods and the Buyer’s Email Address to them for the aforementioned purposes.

13.1. If the relationship established by the Purchase Agreement contains any international (foreign) element, the contracting parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the previous sentence shall not deprive the Buyer, who is a consumer, of the protection afforded to him/her by those provisions of law from which it is not possible to deviate by agreement and that would in the absence of choice otherwise apply under the provisions of Article 6(1) of Regulation Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).  

13.2. If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced with provisions the meaning of which comes as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not prejudice the validity of the remaining provisions.

13.3. The Purchase Agreement, including the Business Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.