TERMS AND CONDITIONS
These Terms and Conditions regulates according to § 1751 paragraph 1 Act No 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") mutual rights and duties between the company
LIFTOFF EUROPE s.r.o.,
Identification No: 03436497,
principal office at Prague – Hloubětín, Poděbradská 186/56, Postal code: 198 00,
registered in the Commercial Register at the Municipal Court in Prague, section C, file 231227
(hereinafter referred to as "Seller")
and the customer (hereinafter referred to as "Buyer")
arising out of or related with the purchase contract concluded between the Buyer and the Seller concerning the Seller`s goods (hereinafter referred to as "Goods") (hereinafter referred to as "Contract") trough his online store based on www.liftoff.cc (hereinafter referred to as "Store").
(hereinafter referred to as "T&C")
I. Introductory Provisions
These T&C are undivided part of the Contract. Contract and the T&C are written in Czech and English language. The Contract can be concluded in Czech or English language. If there is a reference to rights and obligations arising from the Contract, the rights and obligations both from the Contract and these T&C are included.
By entering into the Contract the Buyer declares that he is familiar with current version of these T&C, understands and agrees with them upon every single Contract conclusion.
These T&C replace any other verbal or written declarations or agreements between the Buyer and the Seller regarding the Contract, except the Contract itself. The provisions of the Contract are prior to the provisions of these T&C.
The provisions of these T&C can be unilaterally changed or amended by Seller. This does not affect rights and obligations formed on the basis of the previous effective version of T&C.
Seller archives the Contract for the purposes of successful fulfilment of rights and obligations. Seller does not guarantee repeated access to the concluded Contract.
Actual version of these T&C is freely accessible on Seller`s webpage and thereby repeated display and archivation is enabled to everyone.
- Buyer is either business person or consumer.
a. Consumer is according to § 419 of the Civil Code every natural person who enters the Contract or deals with the Seller out of his or her business activity or independent practise of the profession.
b. Business person is according to § 420 of the Civil Code one who independently performs on his or her own account and responsibility gainful activity under Trade License or in a similar form with the intention to do so constantly for profit. As the business person is also considered every natural person or legal entity that enters contracts related with its own business, manufacturing or similar activity or with its independent practise of the profession, or a natural person or legal entity who acts on behalf of business person.
II. User Account
Before entering the Contract it is necessary to register on the webpage of the Store. Buyer will provide required personal data. After sending the registration the Seller creates for Buyer personal user account on the webpage of the Store (hereinafter referred to as "User Account"). Access to the User Account is secured by login and password. User is prohibited from providing the login and password or the User Account itself to third parties.
Buyer declares that the informations and data communicated during the registration or any other data and informations communicated to Seller are true and correct and that he will communicate any possible changes immediately. Seller is not responsible for any damage or complications caused by false or incorrect informations or data. Buyer is responsible for any damage caused to Seller by false or incorrect informations or data.
Buyer notes that the access to Store or his or her User Account may not be continuous due to necessary maintenance and Store system improvements. In the case of breach of Contract or these T&C by Buyer Seller reserves the right to temporarily deny access to Buyer's User Account or to cancel it completely.
III. Conclusion of Contract, terms of payment and delivery of Goods
- All presentations of Goods on Store webpage are informative only and Seller is not obliged to enter a Contract regarding the Goods. The provision of § 1732 paragraph 2 of Civil Code shall not apply.
- On the Store webpage are informations about Goods and its characteristics, about prices, costs of the return of Goods, if the Goods by their very nature can not be returned by standard postal services and about costs related with delivery and packaging when delivering the Goods within the territory of Czech Republic. If the Goods are to be delivered outside of Czech Republic the informations about the costs are stated separately or individually contracted. Prices are inclusive of VAT and all related charges. Prices remain in force for the time displayed on Store webpage. This provision does not limits Seller from concluding the Contract on individually negotiated terms. Any possible discounts on Goods provided by the Seller to the Buyer can not be combined.
- Buyer agrees with the use of means of distance communication when entering the Contract. Buyer bears the costs of this kind of communication (internet connection, phone calls etc.). These costs do not differ from the standard rate.
- Purchase order of the Goods can be made after signing in through User Account. After selection of the Goods, quantity and methods of payment and delivery (including costs for delivery) the Buyer has an option to check and change entered data. Buyer sends the order by clicking on the "ORDER" button. Seller confirms acceptance of the order by e-mail. Contract is concluded at the moment of receipt of this order acceptance confirmation.
- Depending on the nature of the order Seller is entitled to request an additional confirmation of the order by phone or e-mail.
- Seller is entitled to require an advance payment. Buyer is notified about this eventuality in the Goods description or during the order entry.
- Buyer can choose from the following methods of payment of the purchase price and other costs:
a. payment with credit or debit card through GoPay service - only for payments from Czech Republic or Slovak Republic
b. payment with credit or debit card through 2checkout service - payments from all countries except Czech Republic and Slovak Republic
c. cash on delivery - only for delivery of the Goods within the territory of Czech republic
d. bank transfer - only for payments from Czech Republic or Slovak Republic
e. cash payment - only in case of personal collection at dispensing place in Czech Republic
Together with the payment of the purchase price the Buyer shall pay the costs of packaging and delivery of Goods in accordance with the Contract.
In the case of delivery of the Goods outside the territory of the Czech Republic the choice of the methods of payment can be limited.
- In case of payment in cash or C.O.D. the purchase price is due upon receipt of Goods. In case of payment by account transfer the purchase price is due within 5 days of conclusion of the Contract. In other cases the purchase price is due upon entering the order. In case of cashless payments the Buyer's obligation is fulfilled upon the moment of crediting rates on Seller`s account.
- Seller is entitled to require the complete payment of purchase price and other costs before he sends the Goods to Buyer. The provision of § 2119 paragraph 1 of Civil Code shall not apply.
- After the payment of the purchase price the Seller shall provide an invoice of the payments made and send it to Buyers e-mail.
- If the Seller is obliged in accordance to Contract to deliver the Goods to Buyers designated place, the Buyer is obliged to collect it upon its delivery. In case that the Goods needs to be delivered repeatedly or on another than contracted place the Buyer bears all the costs of such delivery.
- In case the method of delivery is contracted pursuant do Buyer's special requirements the Buyer bears all the risk and additional costs related with such method of delivery.
- Upon collecting the Goods the Buyer is obliged to check the integrity of the packaging and in case of any defects report them to the carrier immediately. If the Buyer finds that the packaging was opened or defected by unauthorized person he or she is entitled to refuse to collect the shipment.
- None of the delivery dates agreed between the Buyer and the Seller can not be considered as the fixed term within the meaning of § 1980 of Civil Code, unless the term is explicitly agreed with Seller as fixed term.
IV. Withdrawal from the Contract
- This clause IV. Withdrawal from the Contract of T&C is applicable only when the Buyer is the consumer within the meaning of clause I. 7. a. of these T&C. If the Buyer is the consumer, he or she:
I. Has the right to withdraw from the Contract within 14 days from receipt of the Goods or last part of the order regardless of the method of payment or delivery of Goods. The withdrawal must be sent to Seller within this period by postal service or e-mail email@example.com.
II. Is entitled to withdraw from the Contract also whenever before the receipt of Goods.
III. Buyer may not indicate the reason for withdrawing from the Contract. To facilitate communication it is appropriate to state the date of purchase or number of contract, order or invoice, account number and chosen method of returning the Goods. Buyer can use the Withdrawal from Contract Form attached to these T&C. Seller shall confirm its reception in text form.
IV. After withdrawal the Buyer shall return the Goods without undue delay and no later than 14 days from the withdrawal. Buyer is responsible for the Goods value reduction caused by handling with Goods otherwise than it is necessary regarding its nature and characteristics. Goods should be returned to the Seller (not C.O.D.) complete, preferably in original packaging.
V. Seller is obliged to return to the Buyer the amount corresponding to the full purchase price and paid costs of its delivery within 14 days from the withdrawal from the Contract. The amount shall be returned the same way as it was accepted from the Buyer or in a different way, if the Buyer agrees so and if this does not result in additional costs to Buyer. If the Sellers offers several options of delivery he is obliged to refund the cheapest of them. Seller is entitled to wait with the return of the amount until the Goods is returned to Seller or the Buyer proves that it has been sent to Seller.
VI. The costs of returning the Goods bears the Buyer, even if the Goods can not be returned by standard postal services.
VII. If the returned Goods is damaged and the damage was caused by the breach of Buyer's duty, the Seller is entitled to claim compensation for the reduction in value and set it against the returned amount.
VIII. Buyer notifies that the right to withdraw from the contract does not apply according to § 1837 letter d) of Civil Code inter alia on Goods customized on Buyer`s demand.
IX. In cases when the Buyer is in accordance with the provision of § 1829 par. 1 of the Civil Code entitled to withdraw from the Contract, the Seller is also entitled to withdraw from the Contract any time up until the acceptance of the goods by the Buyer. In such case the Seller will return to the Buyer the purchase price by bank transfer to an account designated by the Buyer without unnecessary delay.
- If the Buyer is not a consumer, he or she can withdraw from the Contract under written and approved conditions between Buyer and Seller or under provisions of applicable law.
V. Liability for defects
- The rights and obligations including Seller's liability for defects on the Goods arising from the Contract shall be governed by relevant laws.
- If the collected Goods is defective (e.g. does not comply with the contracted or justly expected characteristics, is not suitable for contracted purpose, the quantity, measure, or weight is inadequate or the quality does not comply with other contractual or legal standards) the Seller is liable for such defects.
- Seller is not liable for defects occurred due to normal wear or failure to follow instructions for use. Seller is not liable for defects for which a discounted price was contracted. Seller is not liable for defects which the Goods had at the time when the Contract was concluded and if it is clear from the nature of the Goods. For used Goods Seller is not liable for defects caused by wear or use which the Goods had when received by Buyer. Seller is not liable for defects caused by Buyer.
- Buyer can claim the rights from liability for defects in 24 months from receipt of Goods. If requested by the Buyer, the Seller shall confirm in text form to what extent and for how long Seller's duties from liability for defects lasts.
- In case there is a defect within six months of receipt of Goods, it shall be deemed that the Goods were already defective upon reception.
- If the Goods is defective, the Buyer is entitled to request new component (if the defect concerns the component only) or new Goods without defects. If it is not possible, he or she can withdraw from the Contract. If the Buyer does not claim those rights, or the Seller is not capable to provide new component or new Goods without defects, the Buyer can request reasonable discount. If, however, due to the disproportionate nature of the defect, those rights are inappropriate, the Buyer is entitled to free removal or reparation of defects.
- If the defects appear repeatedly after repair (third reclamation for the same defect or forth reclamation for different defects) or the Goods has more different defects (three defects concurrently) the Buyer has the right for reasonable discount, exchange of Goods or to withdraw from the Contract.
- Buyer can apply the reclamation at Seller's address Poděbradská 56/186, Prague 9 – Hloubětín, PSČ: 19000. Seller shall confirm to Buyer in text form date of application of Buyer's right as well as execution of repair and its duration.
- In case Buyer does not collect the Goods or does not request it after its reclamation within 30 days from the day he was given notice by the Seller about the reclamation settlement, the Seller is entitled to request daily storage fee at amount of 50 CZK up to maximum amount which is equal to the value of the Goods.
VI. Privacy and commercial communication
- Privacy of the Buyer who is a natural person is ensured in accordance to Act No 101/2000 Coll. On Privacy.
- Buyer agrees with the processing of following personal data: first name, family name, address of residence, address of registered office, identification number, tax identification number, e-mail, phone number, bank account. Buyer agrees with processing of his personal data by Seller for the purposes of successful fulfilment of rights and obligations arising from the Contract and for sending informations and commercial communication. Buyer agrees with sending informations related to Seller's business and commercial communication to his e-mail stated in purchase order or in his User Account.
- Personal data shall be processed for indefinite period in electronic automated form or in written hand-operated way. Seller may appoint a third person as administrator with personal data processing. Except for persons transporting the Goods to Buyer the personal data shall not be communicated to any other persons without the consent of the Buyer.
- Buyer is obliged to state his personal data truly and correctly and inform the Seller about any changes immediately. Buyer states that the provided personal data are accurate and that he is aware that it is a voluntary provision of personal data. Buyer states that he or she was advised that he or she can withdraw his consent of personal data processing by written statement sent to Seller.
- In case the Buyer believes that the Seller or administrator are processing his personal data contrary to his personal life protection or to the law, he or she can request an explanation and removal of the defective condition.
- If the Buyer asks for the information about the processing of his or her personal data the Seller shall provide such information. Seller has the right to request a reasonable compensation for such provision not exceeding the amount of necessary costs.
The Buyer agrees with storing cookies files on his computer. In case the purchase on the web site can be made and the contractual obligations of the Seller can be fulfilled without storing of the cookies files on the computer of the Buyer, the Buyer can revoke his consent from the previous sentence.
VII. Final provisions
- The Buyer assumes the risk of a change of circumstances in the meaning of § 1765 par. 2 of the Civil Code.
- Jurisdiction of Czech courts is defined for settlement of disputes between the Buyer and the Seller.
- In case there is an international element in the relationship based upon Contract or related with the use of Store, Buyer and Seller agree that the relationship complies with the laws of the Czech Republic. This does not affect consumer rights arising from generally applicable rules.
- The Czech Trade Commission with the office at Štěpánská 567/15, 120 00 Praha 2, registration number: 000 20 869, website: http://www.coi.cz, has a jurisdiction over extrajudicial resolution of consumer disputes.
- Unless agreed differently, all correspondence regarding the Contract must be sent to the other party in written form by e-mail, postal service or personally delivered. Correspondence sent to Buyer is delivered to his e-mail stated in purchase order or during the registration.
- These T&C becomes effective on: 16.2.2016
In Prague 16.2.2016