Terms and Conditions

1.    INTRODUCTORY PROVISIONS

These general terms and conditions (hereinafter referred to as "terms and conditions") apply to the sale of products through the online store of the business company LaPaya s.r.o. with registered office at Kloboučnická 1735/26, ID: 19831994 (hereinafter referred to as "the seller"). The online store is operated by the seller on the website located at the internet address www.lapaya.cz, hereinafter referred to as the "online store", through the website interface (hereinafter referred to as the "web interface").

 

These terms and conditions in accordance with the provisions of § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as
"Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") in the Czech language through the Seller's online store. The terms and conditions are an integral part of the purchase contract.

 

Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

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, when ordering goods, acts as part of his business activity or as part of his independent profession.

2.    ORDER AND CONCLUSION OF PURCHASE CONTRACT

 

All offers of goods placed in the web interface of the store are of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. The offer of goods itself, without further ado, is not considered a proposal to deliver goods within the meaning of Section 1732, paragraph 2 of the Civil Code, and the seller is not obliged to enter into a purchase contract regarding the offered goods.

 

The website of the online store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including all related fees. The prices of the goods remain valid for 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 contract under individually agreed conditions.

 

The website of the online store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic. To order goods, the buyer fills out the order form in the web interface of the store. The order form always contains information about the customer, the ordered product, the price and fees, and the method of payment of the purchase price (hereinafter referred to as the "order").

 

Before sending the order to the seller, the buyer is allowed to check and change the data that he entered in the order, also taking into account the possibility of detecting and correcting errors that occurred when entering data into the order. The data listed in the order they are deemed correct by the seller. The contractual relationship between the seller and the buyer is created by sending the order. The order is confirmed by the customer by clicking the "Order" button. At this moment, mutual rights and obligations arise between the customer and the seller, which are defined by the purchase contract and these terms and conditions. By sending the order, the customer confirms that he has familiarized himself with these terms and conditions and that he agrees with them.

 

Immediately after receiving the Order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when ordering the goods. The Purchase Agreement is concluded at the moment of delivery of this confirmation, except in cases where the procedure is in accordance with paragraph 4.5 or paragraph 4.6 of the Terms and Conditions.

 

In the event that the Seller cannot fulfill any of the requirements stated in the Order or the goods were presented in the Online Store catalog with an error, the Seller will send the Buyer an amended offer to the e-mail address that the Buyer entered when ordering the goods. The amended offer is considered a new draft of the Purchase Agreement, and the Purchase Agreement is concluded in such a case by the Buyer's confirmation of acceptance of this amended offer to the Seller at his contact e-mail address.

 

The customer acknowledges that the seller is not obliged to enter into a purchase agreement regarding goods other than those listed on the web interface.

 

The possibility of the seller to conclude a purchase contract with the customer under individually agreed conditions is preserved.

 

The condition for the validity of the order for the buyer is the completion of all the data and requirements prescribed by the form. In the case of buyers who are natural persons

 

in particular by stating the buyer's first and last name, contact e-mail and telephone number, or legal entity by specifying the buyer's trading company, ID number, registered office address and contacts, so that the buyer can be contacted in case of any problems. The buyer is obliged to state correctly and truthfully all data in the order.

 

The contract and the related tax document will be stored in the electronic archive of the seller for a period of 5 years from its conclusion for the purpose of its successful fulfillment and is not accessible to third parties.

 

The seller is obliged to provide or deliver the goods or services ordered by the buyer, and the buyer undertakes to take over the goods or services and pay the seller the purchase price.

3.    PRICE OF GOODS AND TERMS OF PAYMENT

 

Based on the payments made and resulting from the contract, the seller will issue the customer a tax document, an invoice, which serves as proof of the purchase of the product or service. The seller is not a VAT payer.

 

The buyer can pay for the purchase of a product or service in the following ways:

 

- by non-cash transfer to the seller's account No. 4220984003/5500 held at Raiffeisenbank (hereinafter referred to as "the seller's account"). When choosing to pay by bank transfer, the buyer pays the price of the order to the seller's account before it is processed. To complete the order, you need to make a payment under the variable symbol, which is the order number and which the buyer will receive when the order is completed. In the case of payment for goods by bank transfer, the purchase price is considered paid on the day when the relevant amount is credited to the seller's account.

 

The seller will issue an invoice to the buyer regarding the payments made on the basis of the purchase contract. The seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

 

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

 

The seller does not require a deposit or other similar payment from the buyer. This does not affect the following provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

 

The seller is entitled, especially if the buyer does not confirm the order additionally, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

 

Any discounts on the price of the goods provided by the seller to the buyer cannot be mutual

 

The seller reserves the right to change the payment or delivery terms depending on the nature of the product or service in the context of the order history.

4.    WITHDRAWAL FROM THE PURCHASE AGREEMENT

 

The buyer acknowledges that, according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person.

 

If it is not the case mentioned above or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829, paragraph 1 of the Civil Code.

 

Withdrawal from the contract by the consumer:

 

If the buyer is a consumer, he has the right, in accordance with Section 1829, paragraph 1 of the Civil Code, to withdraw from the contract within a period of fourteen days from the receipt or delivery of the product, without giving a reason and without any penalty. This right does not serve as a method of solving a complaint about goods.

 

If the customer decides to withdraw within a fourteen-day period, the following conditions must be observed, namely: No later than the 14th day after taking over the product or goods, the seller must be sent a statement of intent to withdraw from the contract. The customer sends a letter or other notice in which he announces withdrawal from the contract, states his identification data together with contact information (name and surname, e-mail and telephone), announces which product purchase he is withdrawing from, indicates the date of the order, signs the notice (if it is in paper form) and sent to the e-mail address info@lapaya.cz, or to the address of the seller's registered office.

 

In case of withdrawal from the Purchase Agreement in accordance with paragraph 6.1 of the Terms and Conditions, the Purchase Agreement will be canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller, in the condition in which it was delivered to the Buyer (the Buyer can only "get acquainted" with the goods, similarly as if he tried the goods in a brick-and-mortar store ). In the event of withdrawal from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller.

 

In the event of withdrawal from the Purchase Agreement by the Buyer in accordance with paragraph 6.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller received them from the Buyer. The Seller can also return the funds to the Buyer in another way, if the Buyer agrees to this and it does not incur additional costs for the Buyer. The seller is not obliged

 

return the received funds to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller.

 

The Seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

 

Withdrawal from the contract by the seller:

 

The seller is entitled to withdraw from the purchase contract without unnecessary delay if he discovers that the other party has breached the contract in a substantial way. For the purposes of this contract, the customer's delay in paying the purchase price more than 10 days after the due date is considered a material breach of this contract.

 

The Seller is entitled to withdraw from the Purchase Agreement at any time without giving reasons, up to the time of acceptance of the goods by the Buyer. In such a case, the Seller will return the paid purchase price to the Buyer without undue delay, without cash to the account designated by the Buyer.

 

If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the severance condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such a gift ceases to be effective and the Buyer is obliged to return, together with the goods to the Seller, gift given.

5.    CARRIAGE AND DELIVERY OF GOODS

 

In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

 

If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not pick up the previously ordered goods, the seller is not obliged to deliver any newly ordered goods to him

 

If, for any reason, the buyer has to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

 

When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note / accepting it, the buyer confirms that the packaging of the shipment containing the goods was intact.

 

Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller. The seller is not responsible for damages caused by the delay in the shipment or delivery of the goods for any reason.

• 6.    RIGHTS FROM DEFECTIVE PERFORMANCE (CLAIM)

   

  The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2112 and § 2158 to 2173 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
  The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that the goods:

   

  corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

   

  is suitable for the purpose for which the Buyer requires them and to which the Seller has agreed,

   

  it is supplied with the agreed accessories and instructions for use.

   

  The Seller further responds to the Buyer that, in addition to the agreed properties:

   

  the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

   

  the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular advertising or labeling; The Seller is not bound by a public statement if he can prove that he was not aware of it or that it was amended at the time of the conclusion of the Purchase Agreement in at least a comparable way as it was made, or that it could not have influenced the purchase decision,

the goods are delivered with accessories, including packaging, instructions for use, which the Buyer can reasonably expect, and

 

the goods correspond to the quality or design of the sample or template that the Seller provided to the Buyer before the conclusion of the Purchase Agreement.

 

The amendment enshrined under letter (d) to (g) of this paragraph shall not apply if the Seller has separately notified the Buyer before concluding the Purchase Agreement that some property of the goods is different and the Buyer has expressly agreed to this at the time of concluding the Purchase Agreement.

 

The buyer can complain about a defect that appears on the goods within two years of receipt (hereinafter referred to as "Complaint").

 

If a defect becomes apparent within one (1) year of receipt, it is considered that the goods were defective upon receipt (i.e. it is up to the Seller to prove that the goods were faultless on the day of handover). Between the 1st and 2nd year from the delivery of the goods, the Buyer must prove its defect himself.

 

If the Buyer justifiably accuses the Seller of a defect, the period according to paragraph 8.3 of the Terms and Conditions does not run for the period during which the Buyer cannot use the goods.

 

If the goods have a defect, the Buyer can request its removal, i.e. (at your option) want (i) delivery of new goods without defect or (ii) repair of goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this is assessed in particular with regard to the importance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the Buyer. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the goods would have without the defect.

 

The Seller will remove the defect within a reasonable time after it has been pointed out so that it does not cause significant difficulties for the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased the goods. To remove the defect, the Seller will take over the goods at his own expense.

 

The Buyer may request a reasonable discount or withdraw from the Purchase Agreement in the following exceptional cases:

 

the seller refused to remove the defect or did not remove it in accordance with 8.7 of the Terms and Conditions,

 

the defect manifests itself repeatedly,

 

the defect is a material breach of the Purchase Agreement, or

 

it is apparent from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer.

 

The reasonable discount is determined as the difference between the value of the goods without defects and the defective goods that the Buyer received. The buyer cannot withdraw from the Purchase Agreement if the defect in the goods is insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller will return the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves to him that he has sent the goods.

 

The Buyer does not have a right from defective performance if he himself caused the defect. A defect in the goods is not wear and tear of the goods caused by its usual use or, in the case of used goods, wear corresponding to the extent of its previous use.

 

The Buyer can exercise rights from defective performance (along with documentation of the date, place and price of purchase) by sending the goods by mail to the Seller's address: Drnovice 754, 68304. The claimed goods must be clean and hygienically sound.

 

The Seller is obliged to issue a written confirmation to the Buyer when the Complaint is made, stating the date on which the Buyer made the Complaint, what it contains, the method of settlement of the Complaint the Buyer requires (delivery of new goods / repair of goods) and the Buyer's contact details for the purpose of providing information about the settlement complaint. This obligation also applies to other persons designated to carry out the repair.

 

The complaint (including the removal of the defect in the goods) must be processed and the Buyer must be informed about it no later than thirty (30) days from the date of the Complaint, unless the Seller and the Buyer agree on a longer period. After the deadline according to the previous sentence has expired in vain, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount from the purchase price.

 

The Seller is obliged to issue to the Buyer a confirmation of the date and method of settlement of the Complaint, including confirmation of the repair and its duration, or a written justification for rejecting the Complaint. This obligation also applies to other persons designated for execution

7.   SENDING COMMERCIAL MESSAGES

 

The customer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society), as amended, to the sending of business communications to the electronic address ( e-mail) or to the telephone number provided to the Seller for the purpose of fulfilling the Purchase Agreement.

 

8.    OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

 

The seller handles consumer complaints via the e-mail address info@lapaya.cz. The seller will send information about the handling of the buyer's complaint to the buyer's e-mail address.

 

Mutual disputes between the seller and the buyer are resolved by the general

 

The seller warns the buyer, who acts as a consumer, about the possibility of resolving any dispute out of court. To the out-of-court settlement of consumer disputes

 

disputes arising from the purchase contract are the responsibility of the Czech Trade Inspection with its seat at Štěpánská 567/15, 120 00 Prague 2, to which the consumer has the right to contact at any time.

 

Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, is carried out by the Czech Trade Inspection, further information is available on the website coi.cz.

9.    FINAL PROVISIONS

 

Relations between the seller and the buyer are governed by the law of the Czech Republic, even if the relationship established by the purchase contract contains an international element. This does not affect the consumer's rights arising from legal regulations.

 

In matters not regulated by the purchase contract (including the order and its acceptance) and the terms and conditions (or, as the case may be, communication between the parties), the legal relationship is governed by the conditions stated in the web interface of the store. Information about the individual technical steps leading to the conclusion of the purchase contract can be seen from the web interface

 

The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

NOTICE: All photos, captions and texts listed on this website, especially the copyrights to the content, are understood as intellectual property in accordance with the applicable laws of the Czech Republic, and are protected by copyright laws and laws for the protection of intellectual property. Any use of texts, translations, storage on other media, copying of both texts and photos and any other use or changes that are the content of the relevant laws are possible only with the express, written consent of the owner of this website.

 

 

These Terms and Conditions take effect on March 1, 2024.