Terms and conditions of use

Terms and Conditions

Business Company Le Patio Lifestyle Ltd.

Registered address: Jungmannova 748/30, Prague 1 - 110 00

Identification number: 27173038

Registered with the Commercial Register at the Municipal Court of Prague, Section C, Entry 101858, for the sale of goods at a distance through the online store located at the website www.lepatio.cz (hereinafter referred to as the "seller")

1. INTRODUCTORY PROVISIONS

1.1 These terms and conditions of the seller regulate the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller at the website www.lepatio.cz (hereinafter referred to as the "e-shop") through the interface of the website (hereinafter referred to as the "web interface of the store"). These terms and conditions shall also apply to the sale of goods based on a purchase agreement concluded by telephone and reasonably also to the submission of an order by the buyer via email.

1.2 These terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal person or a person acting in the course of ordering goods within their business activity or in the course of their independent professional activity.

1.3 Deviations from these terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement shall take precedence over the provisions of these terms and conditions.

1.4 These terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are executed in the Czech language. The purchase agreement can be concluded in the Czech language. The wording of the terms and conditions may be changed or supplemented by the seller. Any changes or supplements shall not affect the rights and obligations of the buyer arising during the validity of the previous wording of the terms and conditions.

2. USER ACCOUNT

2.1 Based on the registration of the buyer on the e-shop, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). Registration of the buyer on the e-shop is not a necessary condition for purchasing on the e-shop.

2.2 When registering on the e-shop and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is required to update the information provided in the user account in case of any changes. The information provided by the buyer in the user account and when ordering goods is considered accurate and complete by the seller.

2.3 Access to the user account is secured by a username and password chosen by the buyer during registration on the e-shop. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4 The buyer is not authorized to allow third parties to use their user account.

2.5 The seller may cancel the user account, especially if the buyer does not use their user account for more than 12 months, and also if the buyer violates their obligations under the purchase agreement (including the terms and conditions).

2.6 The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the hardware and software equipment of the seller, or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF PURCHASE AGREEMENT

3.1 All product presentations placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding these products. The provisions of § 1732 (2) of the Civil Code do not apply.

3.2 The web interface of the store contains information about the products, including the prices of individual items. The prices of the products are stated including all taxes (e.g., VAT) and related fees, except for the costs of delivering the goods. The delivery costs vary depending on the chosen method, the shipping provider, and the payment method of the order. The delivery costs may also be affected by the chosen delivery address, especially in the case of potential customs fees, meaning that the costs of customs clearance are not included in the price of the goods. The seller also reserves the right to provide free delivery in selected cases, and therefore, the delivery costs are not included in the price of the goods. The prices of the 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 conclude a purchase agreement under individually agreed conditions.

3.3 The web interface of the store also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods stated in the web interface of the store applies only in cases when the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the buyer fills out the order form in the e-shop. The order form includes, in particular, information about: 

3.4.1 The buyer, including identification and contact details.

3.4.2 The ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the e-shop).

3.4.3 The method of payment of the purchase price of the goods.

3.4.4 The desired method of delivery of the ordered goods and the costs associated with the delivery (collectively referred to as the "order").

3.5 Before the binding completion of the order, the buyer is allowed to check and change the information entered in the order, including the possibility to identify and correct any errors made while entering the data into the order. The buyer completes the order by clicking on the "Confirm Order" button. The information provided in the order is considered accurate by the seller. The seller promptly confirms the receipt of the order to the buyer after receiving the order, to the email address of the buyer stated in the order (hereinafter referred to as the "buyer's email address").

3.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected delivery costs), to request additional confirmation of the order from the buyer (e.g., in writing or by phone) before the seller confirms the acceptance of the order.

3.7 The order completed by the buyer constitutes a proposal for the conclusion of a purchase agreement.

3.8 The purchase agreement between the seller and the buyer is concluded by the acceptance of the order created by the buyer by the seller. This confirmation is sent to the buyer's email address. The confirmation includes the current version of the terms and conditions, including the seller's complaint policy. The concluded agreement, including the purchase price of the goods, can only be changed or canceled based on an agreement between the seller and the buyer or on legal grounds, unless otherwise stated in the terms and conditions.

3.9 The seller reserves the right not to conclude a contract with the buyer if there are justified doubts about the true identity of the buyer or in case of obvious errors in the provided information about the goods or the price.

3.10 The buyer agrees to the use of distance communication means when concluding a purchase agreement. The costs incurred by the buyer when using distance communication means in connection with the conclusion of a purchase agreement are paid by the buyer.

3.11 The general terms and conditions are available in textual form on the web interface of the seller.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller in the following ways:

4.1.1 In cash at the brick-and-mortar store of the seller at the address: Jungmannova 748/30, Prague 1.

4.1.2 In cash on delivery at the location specified by the buyer in the order.

4.1.3 By non-cash transfer to the seller's account number 1051019136/5500 held at Raiffeisen Bank (hereinafter referred to as the "seller's account").

4.1.4 By non-cash online payment through a payment gateway operated by a third party, where the transmission of data from the buyer's payment card is secured by this third party (online banking).

4.1.5 By non-cash payment card.

4.2 Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods as agreed. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.

4.3 In the event of a change in the VAT rate, the seller is entitled to demand from the buyer the purchase price including the current VAT rate according to the statutory regulations.

4.4 The seller does not require a deposit or any similar payment from the buyer. A deposit may only be requested by the seller in agreement with the buyer, particularly in cases of special ordered goods, goods not in stock, or unusual quantities of goods.

4.5 In the case of cash payment at the store or payment 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 2 days from the conclusion of the purchase agreement.

4.6 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods along with specifying the variable symbol of payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the corresponding amount to the seller's account.

4.7 The seller is entitled, especially if the buyer fails to provide additional order confirmation (clause 3.6), to demand full payment of the purchase price before sending the goods to the buyer. The provision of § 2119 para. 1 of the Civil Code shall not apply.

4.8 The seller provides various discounts, gift vouchers, or other vouchers to its customers. The use of these vouchers is governed by the rules communicated by the seller in each specific case. In order for the buyer to be entitled to a discount, the discount code must be included in their order. Any discounts provided by the seller to the buyer cannot be combined. Unless otherwise specified, each discount or gift voucher can only be used once. A price discount may also be provided automatically (without a discount code) to a buyer who has a user account with the seller.

4.9 Regarding payments made under the purchase agreement, the seller will issue a tax document - an invoice - to the buyer. The seller is the payer of value-added tax. The tax document - invoice will be sent to the buyer together with the dispatched goods or in electronic form to the buyer's email address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1 The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of:

- Goods made according to the Buyer's specifications or adapted to their personal needs,

- Perishable goods or goods with a short shelf life, as well as goods that have been irreversibly mixed with other goods due to their nature after delivery,

- Goods in sealed packaging that is not suitable for return for health or hygiene reasons once the Buyer has breached it.

5.2 Unless it is a case specified in clause 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the Buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) and (2) of the Civil Code within fourteen (14) days from the day when the Buyer or a third party designated by the Buyer, other than the carrier, takes possession of the goods, or:

- The last piece of goods, if the Buyer orders multiple pieces of goods that are delivered separately,

- The last item or part of the delivery of goods consisting of several items or parts, or

- The first delivery of goods if the contract provides for regular delivery of goods for an agreed period.

5.3 In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The Buyer shall send or hand over the goods to the Seller without undue delay, no later than fourteen (14) days from the date of withdrawal from the agreement unless the Seller offers to collect the goods themselves. The deadline specified in the previous sentence shall be deemed to have been met if the Buyer sends the goods before its expiration. If the Buyer withdraws from the purchase agreement, they shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.

5.4 The Buyer may use the online form provided at the internet address (direct link) to withdraw from the purchase agreement. If the online form has not been used, the Buyer may use the model form provided by the Seller, which is attached to the terms and conditions. In case of not using the form, the Seller recommends that the Buyer include the order number, banking details, and the chosen method of returning the goods in their communication. The Buyer shall send the withdrawal from the purchase agreement:

- In writing to the Seller's address or to client@lepatio.cz.

5.5 In the event of withdrawal from the purchase agreement pursuant to clause 5.2 of the terms and conditions, the Seller shall refund the payments received from the Buyer within fourteen (14) days from the withdrawal from the purchase agreement, using the same means of payment that the Seller has received from the Buyer. The Seller is also entitled to refund the performance provided by the Buyer upon returning the goods to the Buyer or in another manner agreed upon with the Buyer, provided that it does not cause any additional costs to the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the received payments to the Buyer before the Seller receives the goods.

5.6 The Seller is entitled to unilaterally set off the claim for damages incurred to the goods against the Buyer's claim for a refund of the purchase price.

5.7 In cases where the Buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the purchase agreement at any time until the Buyer takes possession of the goods. In such a case, the Seller shall refund the purchase

price to the Buyer without undue delay, by non-cash transfer to an account designated by the Buyer.

If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effect, and the Buyer is obliged to return the provided gift to the Seller together with the goods.

5.9 Withdrawal from the purchase agreement form - HERE

6. PRODUCT EXCHANGE:

In the event that the buyer expresses a desire to exchange the goods within the statutory period of 14 days, they shall proceed according to the previous paragraphs, i.e., they will withdraw from the agreement within 14 days, return the goods to the seller, and subsequently place a new order for the desired goods.

7. TRANSPORTATION AND DELIVERY OF GOODS

7.1 The seller shall deliver the goods to the buyer in a complete state. Goods marked as "in stock" on the e-shop will be dispatched by the seller within 2 business days of order confirmation, but no later than 15 days from order confirmation, unless the seller specifies a longer delivery period for specific goods or a specific order.

7.2 The risk of damage to the goods passes to the buyer at the moment of goods receipt.

7.3 If the method of transportation is agreed upon based on the buyer's specific request, the buyer bears the risk and any additional costs associated with this method of transportation.

7.4 If, according to the purchase agreement, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.

7.5 If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is responsible for paying the costs associated with the repeated delivery of the goods or the alternative method of delivery.

7.6 Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and promptly notify the carrier of any defects. If the packaging shows signs of unauthorized tampering, the buyer is not obligated to accept the shipment from the carrier.

7.7 Additional rights and obligations of the parties regarding the transportation of goods may be regulated by special delivery conditions issued by the seller.

8. RIGHTS REGARDING DEFECTIVE PERFORMANCE

8.1 The seller warrants to the buyer that the goods are free from defects upon receipt. If the received goods have deficiencies defined in the Complaints Procedure, they are considered defective goods for which the seller is responsible. The buyer can exercise statutory rights regarding defects against the seller.

8.2 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant binding legal regulations (in particular, provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

8.3 The rights arising from defective performance that the buyer can assert against the seller are defined in the Seller's Complaints Procedure, which is an attachment to these general terms and conditions.

9. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES, DISPUTE RESOLUTION

9.1 By paying the full purchase price of the goods, the buyer acquires ownership of the goods.

9.2 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1)(e) of the Civil Code.

9.3 All oral and written information regarding the suitability and possibilities of using the supplied goods is provided to the best knowledge of the seller. However, they only represent the experiences and knowledge gained by the seller themselves, from the manufacturer, or from their supplier.

9.4 The seller handles consumer complaints through the electronic address client@lepatio.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's electronic address.

9.5 The Czech Trade Inspection Authority (www.coi.cz) supervises compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.).

9.6 A buyer who is a consumer has the right, under the Consumer Protection Act (No. 634/1992 Coll.), to out-of-court settlement of consumer disputes arising from a purchase agreement or a contract for the provision of services. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, Prague 1, website: www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase agreement. The out-of-court settlement of consumer disputes is initiated exclusively at the consumer's request, only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised their right, which is the subject of the dispute, for the first time with the seller. The consumer has the right to initiate the out-of-court settlement of disputes online. The platform for submitting this proposal is available at the website http://ec.europa.eu/consumers/odr.

9.7 The seller is authorized to sell goods based on a trade license. The trade control is carried out by the competent trade licensing authority within its scope of authority. The Office for Personal Data Protection supervises the area of personal data protection.

10. PERSONAL DATA PROTECTION AND SENDING OF COMMERCIAL COMMUNICATIONS

10.1 The seller is the controller of personal data provided for the purpose of fulfilling the subject of the contract.

10.2 The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the 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 (General Data Protection Regulation) (hereinafter referred to as "GDPR") concerning the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiations regarding this agreement, and for the purposes of fulfilling the public obligations of the seller, through a separate document (Rules on Personal Data Protection and Processing).

10.3 The seller is interested in assessing the satisfaction of buyers with their purchases. Satisfaction is assessed through email questionnaires or within programs in which the buyer may be involved. The buyer may object to receiving email questionnaires at any time by refusing further questionnaires using the link provided in the email with the questionnaire. In the case of objection, the questionnaire will no longer be sent to the buyer.

11. DELIVERY

11.1 In the case of delivery of documents between the contracting parties, the seller's registered office and the buyer's address of residence stated in the order are considered as delivery addresses.

11.2 The seller and the buyer expressly acknowledge that they may be served via their email addresses.

12. FINAL PROVISIONS

12.1 If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law in accordance with the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided to them by the provisions of the legal order, from which no contractual deviation is possible and which would otherwise be applied under Article 6(1) of the 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).

12.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision that most closely corresponds to the intended meaning of the invalid provision shall take its place. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3 The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4 The seller is entitled to unilaterally change these terms and conditions, with the version of the terms and conditions valid at the time of the conclusion of the purchase agreement applying to the legal relationship between the seller and the buyer.

12.5 The Annexes to the terms and conditions include the Complaints Procedure and the Model Form for Withdrawal from the Purchase Agreement.

12.6 Contact details of the seller:

- Mailing address: Jungmannova 748/30, Prague 1 - 110 00

- Email address: client@lepatio.cz

- Phone number: +420 601 559 595

These terms and conditions are effective from July 1, 2023.

Managing Director of Le Patio Lifestyle sro