Terms and Conditions - Sales

TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1,

Marek Citron

with registered office at U Dobré Vody 267, 273 08 Pchery

ID: 

Trade license granted by the 

for the sale of goods through an on-line shop located at the Internet address www.mylusitano.cz (hereinafter referred to as the Seller).

1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts in the course of ordering goods in the course of his business activity or in the course of his independent exercise of his profession.

1.3 The business relationship between the Seller and the Buyer who is not the final consumer shall be dealt with according to individually agreed terms and conditions. This means that the seller is entitled to unilaterally refuse to conclude a purchase contract. The seller shall inform the buyer of this fact in writing to the buyer's email address specified in the order.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1 All presentation of the goods placed on the web interface of the shops www.mylusitano.cz is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods.

2.2.The Buyer's order made via the online shops www.mylusitano.cz or via phone or facebook is a binding proposal of the Buyer to conclude a purchase contract with the Seller. The Seller shall promptly confirm receipt of the order by email to the email address provided by the Buyer in the order, whereby such confirmation does not constitute acceptance of the Seller's proposal to enter into a purchase contract.

2.3 The Buyer shall have the right to cancel the order, i.e. to withdraw its proposal for the conclusion of the purchase contract, without any penalties until the moment of commencement of production of the ordered goods. The Buyer is obliged to notify the Seller of the cancellation of the order by email or telephone.

2.4 The Purchase Contract is concluded by the Seller's acceptance of the proposal to conclude the Purchase Contract, whereby acceptance is deemed to be the Seller's dispatch of the goods to the Buyer or the Seller's express acceptance by email.

2.5 The prices of goods and services (e.g. postage) listed on the web interface are in CZK including the relevant VAT rate according to the applicable legislation.

2.6 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, telephone calls) shall be borne by the Buyer.

2.7 The Purchase Contract is concluded in the Czech language and is archived by the Seller for the purpose of its proper performance and is not accessible to third parties. Upon agreement, contracts may also be concluded in English or German. However, the contract will always be governed by the legal conditions of the Czech Republic.

3. PAYMENT TERMS

3.1 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

(a) in cash on delivery at the place specified by the Buyer in the order;

b) in cash at the Seller's outlets;

c) by wire transfer to the Seller's account;

3.2. For goods manufactured directly at the customer's request (custom production), the buyer is obliged to pay the seller a deposit of 50% of the selling price in advance. This deposit is non-refundable.

3.3 The Seller sends the Buyer a sales receipt together with the goods, which, however, does not serve as a tax document. The tax document is sent by the Seller upon written (email) or telephone request of the Buyer.

4. DELIVERY OF GOODS AND TIME LIMITS

4.1 Delivery time is around 4 weeks. The lead time for production and subsequent delivery can be up to three times longer in tight deadlines. The Seller shall not be liable for any shortcomings in the services provided by the shipping companies.

4.2 The costs of postage and packing shall be borne by the Buyer according to the method chosen when ordering the goods. These costs are subject to the prices listed on www.mylusitano.cz.

4.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods on delivery. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and shall notify the carrier immediately in the event of any defects. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

4.3 In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

5. TRANSPORT AND PAYMENT

5.1. Goods are sent by registered mail in the Czech Republic by Czech Post or Zásilkovna. Postage and packing costs are from 8 Euro depending on the weight of the goods.

5.2 Payment options are as follows:

1. by bank transfer to the Fio banka account number ....................

The price of postage and packing is from 8 Euro.

2. Cash on delivery - the price for postage and packing in this case is from 12 Euro. It is increased because the service is

the service is charged by the Czech Post and the Postal Service.

5.3. Postage to other countries will be determined according to the current price list of Zásilkovna.

5.4 The Seller reserves the right to adjust the prices according to the current price lists of the carrier.

6. WITHDRAWAL FROM THE CONTRACT

6.1 In accordance with Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract without giving any reason within fourteen (14) days of receipt of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within this period by email or in writing to the Seller's address and the Buyer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions.

6.2 In case of withdrawal from the contract, the purchase contract shall be cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days of the Buyer's withdrawal from the Contract. If the Buyer withdraws from the contract, the Buyer shall bear the costs associated with the return of the goods (e.g. transport), even if the goods cannot be returned by normal postal means due to their nature.

6.3.In the event of withdrawal from the contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which it received them from the Buyer, unless the Seller and the Buyer expressly agree on a different method that will not incur any additional costs to the Buyer. The Seller shall not be obliged to return the funds received by the Buyer before the Buyer returns the goods to the Seller or proves that it has dispatched the goods to the Seller.

6.4 In accordance with Section 1832 of the Civil Code, the Buyer shall be entitled to a refund of the funds associated with the transportation of the goods (postage) upon their acquisition (not a refund). However, this entitlement is only in the amount of the cheapest option offered by the Seller (even if the Buyer chose a more expensive shipping method when placing the order), and personal collection cannot be considered as such a delivery method.

6.5 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:

(a) on the delivery of goods that have been customized according to the consumer's wishes or for the consumer's person (custom manufacturing);

(b) the delivery of perishable goods or goods which have been irretrievably mixed with other goods after delivery;

(c) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons;

(d) the supply of an audio or visual recording or a computer program where the original packaging has been damaged.

6.6 The Buyer acknowledges that if the returned goods are damaged, worn out or partially consumed, the Seller is entitled to compensation for the damage to the goods and is entitled to unilaterally offset this claim against the Buyer's claim for a refund of the purchase price.

6.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6.8 Until the goods are accepted by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In this case, the seller shall inform the buyer of this via email to the address specified in the order and refund the purchase price to the buyer without undue delay. The contract can no longer be withdrawn from the moment the production of customized goods has begun.

6.9 For goods returned in excess of the statutory time limit (14 days), the Seller reserves the condition that these goods must not be used, expired, partially or fully consumed or damaged beyond normal inspection of the goods after receipt. For other conditions of withdrawal from the purchase contract within the extended period, paragraphs 5.1. to 5.8. of these terms and conditions apply.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1 The Seller shall be liable to the Buyer for the fact that the goods are free from defects at the time of receipt by the Buyer:

(a) the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them;

(b) the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used;

(c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen;

(d) the goods are of the appropriate quantity, measure or quality;

(e) the goods comply with the requirements of the legislation.

7.2 The provisions set out in Article 6.1 of these Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed. In the case of second-hand goods, for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.3 The buyer's right under defective performance is based on the defect that the goods have when taken over by the buyer. If the defect manifests itself within six (6) months of receipt, the goods shall be deemed to have been defective upon receipt.

7.4 If the defective performance is a material breach of contract, the buyer shall be entitled to:

(a) to remedy the defect by delivery of a new item without defect or by delivery of the missing item; (b) to remedy the defect by repairing the item;

c) a reasonable discount on the purchase price;

d) to withdraw from the contract.

7.5 The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller.

7.6 The Buyer shall exercise the rights from the defective performance at the Seller's address Marek Citron, U Dobré Vody 267, 273 08 Pchery or personally at the same address. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.

8. PROTECTION OF PERSONAL DATA

8.1 The Seller undertakes that all personal data provided by the Buyer is handled in accordance with the Personal Data Protection Act No. 101/2000 Coll. Personal data is used only for the purposes of the Seller and is not provided to third parties except for carriers, to whom only data necessary for the transport of goods to the Buyer is transmitted.

8.2 The Buyer has the right to request the Seller in writing to change or delete his personal data from the Seller's database at any time.

8.3 The personal data will be processed for an indefinite period of time.

These terms and conditions are valid from 1 January 2024