E-Shop Business Terms and Conditions and Complaint Rules of LUXIT4you s.r.o.

These Business Terms and Conditions and Complaint Rules apply to purchases at the e-shop of the above named company with effect from 1 March 2012.

Business Terms and Conditions

General Provisions and Definition of Terms

These Business Terms and Conditions determine and specify the rights and obligations of the seller, i.e. the limited liability company LUXIT4you s.r.o., with registered office in Staré náměstí 9/8, 619 00 Brno, ID No.: 29261333, incorporated in the Companies Register kept by the registration court in Brno, Section C, Insert 68975,  and of the buyer (customer, consumer).

All of the contractual relationships have been entered into in accordance with the laws of the Czech Republic. Where the party is a consumer, the relationships not regulated by these Business Terms and Conditions shall be governed by the Civil Code (Act No. 40/1964 Coll.) and the Act on Consumer Protection (Act No. 634/1992 Coll.). Where the party is not a consumer, the relationships not regulated by these Business Terms and Conditions shall be governed by the Commercial Code (Act No. 513/1991 Coll.), as amended.

The consumer contract is a purchase contract, contract for work and/or another contract, where the parties are the consumer on the one side and the seller on the other side (hereafter the "contract").

The seller is the limited liability company LUXIT4you s.r.o. which upon entering into and performing a contract acts within its business or entrepreneurial activities. It is a legal person-entrepreneur who, either directly or indirectly through other legal entities, sells products or provides services to buyers.

The buyer is the e-shop customer. With a view to the valid legal regulation, there is a difference between a buyer who is a consumer and one who is not.

The buyer-consumer or only the consumer is a person, who does not act within their business or other entrepreneurial activities when entering into and performing a contract.

The buyer who is not a consumer is an entrepreneur who purchases products or uses services for the purpose of undertaking business with such products or services. Such buyer conforms to the Business Terms and Conditions in the extent in which they apply to them and to the provisions of the Commercial Code.

Purchase Contract

If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on the website and the purchase contract is established upon the sending of the order by the buyer-consumer and the acceptance of the order by the seller. The seller immediately (no later than within 3 business days) confirms acceptance to the buyer by sending an informative e-mail to the specified e-mail address, in which the seller also indicates the cost for the shipping of the goods. The buyer subsequently confirms the price to the seller. The established contract (including the agreed price) may be changed or cancelled only subject to an agreement of the parties or based on reasons provided by law.

If the buyer is not an entrepreneur, the proposal to conclude a purchase contract is the order for goods sent by the buyer and the purchase contract itself is entered into upon the delivery of the seller's binding consent with the buyer's proposal to the buyer.

By concluding the purchase contract, the buyer affirms that they are familiar with these Business Terms and Conditions, including the Complaint Rules, and that they agree with them. The buyer is notified of these Business Terms and Conditions and the Complaint Rules in a satisfactory manner before submitting an order and thus has the opportunity to become familiar with them.

The seller reserves the right to cancel an order, in whole or in part, prior to concluding the purchase contract based on an agreement with the buyer in the following situations: the goods are no longer sold or delivered, or the price of the delivered goods has been changed significantly by the supplier. If the buyer has already paid the whole purchase price or its part, the amount will be returned to the buyer's account or address and the purchase contract will not be concluded.

No consumer rights may be exercised in relation to gifts provided free of charge. Such goods fulfil the terms and conditions of a deed of donation, as well as any and all standards laid down by the valid legislation of the Czech Republic.

Non-Compliance with the Purchase Contract

If the product is not in compliance with the purchase contract upon acceptance by the buyer (hereafter "non-compliance with the purchase contract"), the buyer shall be entitled to have the product restored free of charge and without any undue delay by the seller to a condition corresponding to the purchase contract, namely either by replacing or repairing the product, at the buyer's discretion, and where such procedure is impossible, the buyer may claim a reasonable discount from the product price or withdraw from the contract. This shall not apply in cases when the buyer, prior to accepting the product, was aware of or actually caused the non-compliance with the purchase contract. Non-compliance with the purchase contract occurring within six months following the acceptance of the product shall be regarded as non-compliance existing at the moment of acceptance of the product, unless it contradicts the nature of the product or unless proven to the contrary.

Conclusion of the Purchase Contract

Where the buyer is not a consumer, an order submitted by the buyer represents a draft purchase contract, which is entered into upon the delivery of a binding approval of such draft to the buyer (binding confirmation of the order on the part of the seller). Where the buyer is a consumer, the seller expresses the will to conclude a contract for the purchase of goods and/or services under specific conditions by placing an offer for the sale of goods on the website. The purchase contract is concluded upon the delivery to the seller of a confirmation of the buyer's binding order, including shipping costs. From that moment, mutual rights and obligations are established between the buyer and the seller. This shall apply in the case when the seller does not inform the buyer-consumer within 3 business days that the fulfilment of the order is possible only subject to special conditions or that it is impossible.

Complaints

A complaint constitutes the exercise of the buyer's rights ensuing from non-compliance with the purchase contract, as well as the exercise of the buyer's rights arising from the seller's liability for defects. The method for filing complaints is defined in the Complaint Rules.

Information on the Concluded Purchase Contract and the Seller's Business Terms and Conditions

By concluding the purchase contract, the buyer affirms that they are familiar with these Business Terms and Conditions and the Complaint Rules and that they agree with them. The buyer is notified of these Business Terms and Conditions in a satisfactory manner before submitting an order and thus has the opportunity to become familiar with them. The prices indicated in the purchase contract are valid at the time of execution of the particular order. Unless additional information with individual products indicates otherwise, special prices are valid until stocks last. These Business Terms and Conditions and Complaint Rules form an integral part of the contract.

The contract is concluded in the Czech language, it is archived by the seller for the purpose of its successful fulfilment and is not accessible to third parties. Information about individual technical steps leading to the conclusion of the contract is apparent from the process of ordering in our e-shop, and the buyer has the opportunity to check and correct the order before submitting it. These Business Terms and Conditions as well as the Complaint Rules are displayed on the e-shop website and thereby allow their archiving and reproduction by the buyer. The costs associated with the use of remote communication devices and means (telephone, Internet, etc.) to execute orders are standard and depend on the fee applicable to the telecommunication services used by the customer.

Consumer's Right to Withdraw from the Contract

When the buyer is not satisfied with the goods, they may return the goods to the seller without specifying any reason within 14 days from the receipt of the consignment, in which case the seller shall, at the discretion of the buyer, either provide a money refund or replacement of the goods.

Withdrawal from the Contract

The i-kovar.cz e-shop grants a 14-day protection period to the consumer for the return of the goods without specifying any reason in accordance with Section 53(7) of the Civil Code. The consumer may withdraw from the contract by sending a notice by e-mail prior to the dispatch of the goods.

This right shall not apply to goods adjusted in any manner according to the buyer's wishes. In the event of withdrawal from the contract, the buyer shall send the goods in their original packaging, if possible, including a copy of the delivery note and an accompanying letter, which shall clearly imply that the buyer rescinds the concluded purchase contract.

When the goods returned by the buyer are incomplete, damaged or visibly worn, the seller reserves the right not to recognize the complaint and/or to claim damage compensation from the buyer.

Goods returned via COD will not be accepted.

Money Refund

Money will be refunded to the buyer within 30 days from the termination of the contract by withdrawal.

Complaint Rules

These Complaint Rules stipulate the methods for filing complaints for goods by the buyer to the seller, i.e. the limited liability company LUXIT4you s.r.o., with registered office at Neumannova 264/46, 602 00 Brno, ID No.: 29261333, incorporated in the Companies Register kept by the registration court in Brno, Section C, Insert 68975,  as the operator of the i-kovar.cz e-shop.

Complaints

A complaint constitutes the exercise of the buyer's rights ensuing from non-compliance with the purchase contract, as well as the exercise of the buyer's rights arising from the seller's liability for defects. The method for filing complaints is defined in the Complaint Rules.

Warranty Period

Unless a longer warranty period is provided in individual cases, the buyer is granted a 24-month warranty period. A warranty period exceeding 24 months and the applicable terms and conditions are specified in the warranty certificate. The warranty period shall commence upon the acceptance of the delivered goods by the buyer. The warranty period shall be extended by the period during which the goods were being repaired under the warranty. In case the goods are replaced within the warranty period, the warranty period shall re-commence from the date of acceptance of the new goods by the buyer.

Warranty Certificate

The seller provides the warranty in written form (warranty certificate). If the nature of the item so allows, it shall suffice to issue to the buyer a proof of purchase of the item, which shall contain the same information as otherwise required to be indicated in a warranty certificate. Where a warranty exceeding the statutory warranty period is granted, the seller shall specify the terms and conditions and the scope of such extended warranty in the warranty certificate. The warranty certificate shall contain the name and surname, name or trade name of the seller, identification number, registered office, if the seller is a legal person, or address of residence, if the seller is a natural person.

Non-Compliance with the Purchase Contract

If the product is not in compliance with the purchase contract upon acceptance by the buyer (hereafter "non-compliance with the purchase contract"), the buyer shall be entitled to have the product restored free of charge and without any undue delay by the seller to a condition corresponding to the purchase contract, namely either by replacing or repairing the product, at the buyer's discretion. And where such procedure is impossible, the consumer shall be entitled to demand a reasonable discount from the purchase price or shall have the right to withdraw from the purchase contract. This shall not apply in cases when the buyer, prior to accepting the product, was aware of or actually caused the non-compliance with the purchase contract. Non-compliance with the purchase contract occurring within six months following the acceptance of the product shall be regarded as non-compliance existing at the moment of acceptance of the product, unless it contradicts the nature of the product or unless proven to the contrary.

Compliance with the purchase contract shall mean, in particular, that the item sold is free of any defects, that it is of the quality and has the end-use properties required by the contract, described by the seller or the manufacturer or expected on the basis of promotion performed by them, or that the quality and end-use properties are usual for an item of a similar kind, and that the item complies with the requirements of legal regulations and corresponds to the purpose of use declared by the seller or common for such an item.

Consignment Check

Upon accepting a consignment, the buyer shall check its condition. If, during the acceptance of the consignment, the buyer reveals that the product manifests mechanical damage or that the consignment is incomplete, the buyer should record such consignment damage to the shipping documents in the presence of the carrier and have the same confirmed by the carrier and/or the buyer should not accept the goods. By proceeding in this manner, the buyer considerably simplifies and expedites the processing of a conceivable complaint. This procedure shall not affect the buyer's right to file a complaint with the seller.

Warranty Claims

In case the buyer reveals any defect on the purchased goods during the warranty period, the buyer shall have the right to file a complaint for such defective goods. The buyer shall send the claimed goods (in original packaging, if possible, including a copy of the delivery note, warranty certificate and/or an accompanying letter containing a brief description of the defect) to the address of the registered office of the seller.

The seller shall issue to the buyer a written confirmation on the filed complaint, indicating the date on which the consumer exercised the right, what is the subject of the claim and the manner of settlement of the complaint required by the buyer; the seller shall further issue a confirmation of the date and the manner of the settlement of the complaint, including a confirmation on the repair and its duration, and/or a written justification for rejecting the complaint. This obligation shall also apply to other persons designated to carry out the repair (warranty service providers).

Warranty Scope

The warranty shall not apply to wear and tear of the goods caused by their ordinary use. With regard to goods sold at a reduced price, the warranty shall not cover defects in respect of which the reduced price was agreed.

In the case of items previously used, the seller shall not be responsible for defects corresponding to the degree of use and wear the items had when purchased by the buyer.

Before first use, the buyer shall carefully read the warranty terms and conditions along with the instructions for the use of the goods (if provided), and to strictly observe the information contained therein. The warranty shall not cover defects resulting from the incorrect use of the product in conflict with the instructions for use.

Handling of Consumer Complaints

In case of removable defects, the buyer shall have the right to have the defect remedied in a due and timely manner and free of any charge, whereas the seller shall remove the defect without undue delay. When not unreasonable considering the nature of a defect, the buyer may demand that the goods be replaced or, if the defect concerns only a component of the purchased goods, that the faulty component be replaced. Where such procedure is impossible, the buyer shall be entitled to demand a reasonable discount from the purchase price or shall have the right to withdraw from the purchase contract.

In case of a non-removable defect preventing the proper use of the goods in the same way as goods free of any defects, the buyer shall be entitled to the replacement of the defective goods or shall have the right to withdraw from the contract. The same rights shall pertain to the buyer even if such defects are removable, should the buyer not be able to use the goods properly due to the recurrence of defects following repair, or due to a greater number of defects. Recurring defects shall be deemed defects of an identical nature that reappear for the third time.

With regard to other non-removable defects when the buyer does not demand the replacement of the goods, the buyer shall have the right to an appropriate price reduction or to withdraw from the contract.

Settlement of Complaints

Complaints shall be settled no later than within 30 days from their filing. When a complaint is not settled within this deadline, the consumer shall have the right to have the goods replaced for the same, new goods or the buyer may withdraw from the contract. The choice between goods replacement and withdrawal from the contract is at the discretion of the consumer.

Personal Data Protection

The personal data of customers are retained in accordance with the valid laws of the Czech Republic, in particular, Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The personal data of customers are fully safeguarded against abuse. By entering into the purchase contract, the buyer grants their consent to the seller with the processing and collection of their personal data in the seller's database, namely until such time when the buyer revokes their consent with such processing in writing. The buyer has the right to access their personal data, the right to correct them and to remove them from our database, as well as other rights related to such personal data as stipulated by law.

The personal data provided by the buyer when ordering the goods serve exclusively for the purposes of the seller and shall not be disclosed to other parties. The only exception are external carriers to whom the personal data of customers are provided to them to the minimum extent necessary to ensure trouble-free delivery of the goods.