Terms & Conditions

1. INTRODUCTORY PROVISIONS

1.1.      These terms and conditions (hereinafter referred to as the "terms and conditions") of the business LÉČIVÉ NÁSTROJE s.r.o., with its registered office at Školská 660/3, 110 00 Prague 1, with branches: V Aleji 42, 466 01, Jasná 12, 466 06 Jablonec nad Nisou, identification number: 09910590, tax identification number: CZ09910590, Handpan Akademie s.r.o., with its registered office at Děčínská 552/1, Střížkov (Prague 8), 180 00 Prague, identification number: 23096624 and Savita Production s.r.o., with its registered office at Děčínská 552/1, Střížkov (Prague 8), 180 00 Prague, identification number: 22225838 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of Section 1751 odst. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another physical person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address https://www.lecive-nastroje.cz (hereinafter referred to as the "website"), specifically via the website interface (hereinafter referred to as the "store web interface").

The buyer according to the General Terms and Conditions (hereinafter referred to as the "GTC") is a physical person in the position of a consumer or a business physical person or a legal entity.

A consumer is every human being who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with the Seller or otherwise deals with them.

An entrepreneur is one who independently performs a gainful activity on their own account and responsibility in a trade-licensing or similar manner with the intention to do so consistently for the purpose of achieving profit. Furthermore, for the purposes of consumer protection, an entrepreneur is also considered to be any person who concludes contracts related to their own commercial, manufacturing or similar activity or during the independent performance of their profession, or possibly a person acting on behalf of or for the account of an entrepreneur. For the purposes of the GTC, an entrepreneur is understood to be one who acts in accordance with the previous sentence within the scope of their business activity. If the Buyer states their identification number or VAT number in the order, they acknowledge that they are considered an entrepreneur in the contractual relationship with the Seller and the rules stated in the GTC for entrepreneurs apply to them.

By creating an order, the buyer confirms that before concluding the contract, they have familiarized themselves with these GTC, an integral part of which consists of the Information before concluding the contract for Consumer Buyers contained in the GTC, the Complaints Procedure, the Privacy Policy, the Methods of Delivery, and that they explicitly agree with them, specifically in the wording valid and effective at the moment of creating the order.

1.2.      Provisions deviating from the terms and conditions can be agreed upon in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech, Slovak or English language.

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

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1.      Any presentation of goods placed in the store web interface is of an informative nature. The resulting contract can be changed or cancelled only on the basis of an agreement of the parties or on the basis of legal reasons. The seller reserves the right, among other things, to cancel an order or its part if: a) the goods are no longer manufactured, b) the goods are no longer supplied, c) the price of the goods' supplier has changed significantly, or d) a manifestly erroneous price is displayed for the goods on the seller's website. In the event that the buyer has already paid a part of the purchase price or the entire purchase price, this amount will be returned back.

No rights of the buyer can be asserted regarding gifts that are provided completely free of charge. Such goods fulfill the conditions of a donation contract and are governed by the valid and effective legal regulations for a donation contract. The donation contract is concluded between the seller and the consumer with a resolutory condition that if the consumer withdraws from the purchase contract within the 14-day period pursuant to Section 1829 paragraph 1 of the Civil Code, the consumer is obliged to return the provided gifts together with the purchased goods to the seller.

The seller reserves the right to cancel an order for goods marked with the term "Not in stock" in the event that the goods can no longer be delivered nor replaced with another model, or if their price has changed significantly and the buyer does not accept this before the actual conclusion of the purchase contract. The seller shall inform the buyer of this situation. If a part or the entire order has been paid, the money will be returned back to the buyer.

2.2.      The store web interface contains information about the goods, including the statement of prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for the period they are displayed in the store web interface. This provision does not restrict the seller's ability to conclude a purchase contract under individually negotiated conditions.

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

2.4.      To order goods, the buyer fills out the order form in the store web interface. The order form contains in particular information about:

- the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store web interface),

- the method of payment of the purchase price of the goods, data on the requested method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter jointly referred to as the "order").

2.5.      Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has inserted into the order, also with regard to the buyer's ability to detect and correct errors arising during data entry into the order. The buyer sends the order to the seller by clicking the "Send order" button. The data stated in the order are considered correct by the seller. Immediately upon receiving the order, the seller shall confirm this receipt to the buyer by electronic mail, specifically to the buyer's electronic mail address stated in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").

2.6.      Depending on the character of the order (quantity of goods, amount of purchase price, expected transport costs), the seller is always authorized to ask the buyer for additional confirmation of the order (for example in writing or by telephone).

2.7.      The contractual relationship between the seller and the buyer arises by the delivery of the acceptance of the order, which is sent by the seller to the buyer by electronic mail, specifically to the buyer's electronic mail address.

2.8.      If a consumer submits an order via any means of communication at a distance, the entrepreneur is obliged to promptly confirm its receipt via any means of communication at a distance; this does not apply when concluding a contract exclusively by the exchange of electronic mail or similar individual communication. If the contract is concluded using electronic means, the entrepreneur shall provide the consumer in text form with the wording of the general terms and conditions in addition to the wording of the contract.

2.9.      The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. Costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer themselves, while these costs do not differ from the basic rate.

2.10.      If it is customary in business practice or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The seller shall issue the tax document – invoice in accordance with the conditions stipulated by Act No. 235/2004 Coll., on Value Added Tax, as amended, within a period of 15 days from the date of delivery of the goods and shall send it to the buyer either in electronic form, with which the buyer agrees, or together with the goods in paper form.

In the event that the seller has not sent a warranty card to the buyer, the tax document sent by the seller to the buyer in accordance with paragraph 2.9 above serves as the warranty card.

3. PRICE OF GOODS AND PAYMENT CONDITIONS

3.1.      The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
a) in cash at the seller's establishment at the address V Aleji 42, 466 01 Jablonec nad Nisou.
b) in cash on delivery at the place designated by the buyer in the order;
c) cashless by transfer to the given account of the seller

d) by payment card

3.2.      Together 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 explicitly stated otherwise, the purchase price shall hereinafter also mean the costs associated with the delivery of the goods.

3.3.      The seller does not require an advance payment or other similar payment from the buyer. An exception is specific instruments or instruments to order, where an advance payment may be required upon agreement between the seller and the buyer. This does not affect the provision of article 3.1 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

3.4.      In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable according to agreement from the conclusion of the purchase contract.

3.5.      In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment (invoice number or order number). In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.

3.6.      The seller is entitled, especially in the event that the buyer does not additionally confirm the order, to demand payment of the entire purchase price before sending the goods to the buyer. The provision of Section 2119 paragraph 1 of the Civil Code shall not apply.

3.7.      Potential discounts from the price of the goods provided by the seller to the buyer cannot be combined with each other.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1.      The consumer has the right to withdraw from the contract in accordance with the provisions of the Civil Code within a period of fourteen days without giving a reason. The period according to the first sentence runs from the day of concluding the contract and in the case of

a) a purchase contract, from the day of receipt of the goods,

b) a contract whose subject is several types of goods or the delivery of several parts, from the day of receipt of the last delivery of goods, or

c) a contract whose subject is a regular repeated delivery of goods, from the day of receipt of the first delivery of goods.

4.2.      The withdrawal from the purchase contract must be sent to the seller within the period stated in article 4.1. The buyer can send the withdrawal from the purchase contract inter alia to the address of the seller's establishment or to the seller's electronic mail address: info@lecive-nastroje.cz and the consumer shall state therein that they are withdrawing from the contract, ideally stating the order number, the date of purchase and possibly the account number for the refund of money.

 4.3.     In the event of withdrawal from the purchase contract according to article 4.1 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even in the case where the goods cannot be returned by their nature via normal postal routes. The buyer has the right to return the goods within 14 days without giving a reason and to a refund of money in the same manner as it was paid.

4.4.      In the event of withdrawal from the contract according to article 4.1 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract to the buyer, specifically in the same manner as the seller received them from the buyer (except for the amount representing additional costs of delivery of the goods incurred as a result of the consumer's chosen method of delivery of the goods which is other than the cheapest method of standard delivery of the goods offered by the seller). The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another manner, if the buyer agrees with this and additional costs will not arise for the buyer.

4.5.      The claim for compensation for damage incurred to the goods is the seller entitled to unilaterally set off against the buyer's claim for a refund of the purchase price.

4.6.      Until the takeover of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, specifically in the manner in which the goods were paid, unless the contractual parties agree otherwise on the method of payment.

4.7.      The provisions of the Civil Code on withdrawal from the contract within the 14-day period pursuant to Section 1829 paragraph 1 of the Civil Code cannot, however, be understood as the possibility of free borrowing of goods. In the event of exercising the right to withdraw from the contract within 14 days from the receipt of the goods pursuant to Section 1829 paragraph 1 of the Civil Code, the buyer must return to the seller everything they obtained on the basis of the concerned contract within 14 days from the withdrawal from the contract, including e.g. gifts. If this is no longer possible (e.g. in the meantime the goods were destroyed or consumed), the buyer must provide a monetary compensation as an equivalent for what can no longer be returned. If the returned goods are partially damaged, the seller can assert the right to compensation for damage against the buyer and set off their claim against the refunded purchase price and thus return the purchase price reduced in this manner to the consumer pursuant to Section 1833 of the Civil Code.

5. TRANSPORT AND DELIVERY OF GOODS

5.1.      In the event that the method of transport is agreed upon on the basis of a special request of the buyer, the buyer bears the risk and potential additional costs associated with this method of transport. If the seller is obliged under the purchase contract to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

5.2.      In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another manner than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, resp. the costs associated with another method of delivery. The buyer is notified of this fact by the seller.

5.3.      Upon 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 of this without undue delay. In the event of finding a breach of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

5.4.      Gift certificates (vouchers) are cash equivalents issued by the seller and applicable only for purchase from the seller. The code on the certificate - the voucher number serves for the technical method of realization of the cash equivalent. In the event of non-completion of the purchase or withdrawal from the contract by the consumer within the 14-day period pursuant to Section 1829 paragraph 1 of the Civil Code, the seller can generate a replacement code – number and validity date of the voucher for the consumer. By potentially generating a new code, the cash equivalent is not changed. The moment of sales from the perspective of the Sales Records Act in the case of payment by gift certificate occurs at the moment of dispatch of the goods to the buyer.

5.5.      The methods of transport and handover of goods shall be chosen by the buyer in the order process. The goods can be collected personally at the entrepreneur's establishment at the address Jasná 12, 46606 Jablonec nad Nisou or delivered via courier to the buyer's delivery address or collected at the address of the chosen Zásilkovna [Pickup Point] designated by the buyer in the order.

5.6.      Further rights and obligations of the parties during the transport of goods can be regulated by special delivery conditions of the seller, if they are issued by the seller.

6. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1.      The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).

6.2.      The seller warrants to the buyer that the goods have no defects upon receipt. In particular, the seller warrants to the buyer that at the time the buyer took over the goods:

6.2.1.   the goods have the properties that the parties agreed upon, and in the absence of an agreement, they have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

6.2.2.   the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

6.2.3.   the goods correspond in quality or design to the agreed sample or specimen, if the quality or design was determined according to the agreed sample or specimen,

6.2.4.   the goods are in the corresponding quantity, measure or weight and

6.2.5.   the goods comply with the requirements of legal regulations.

6.3.      The provisions stated in article 6.2 of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the buyer, or if this results from the nature of the goods. If a defect manifests itself within six months of receipt, it is considered that the goods were defective already upon receipt.

6.4.      Rights from defective performance are asserted by the buyer with the seller at the address of their establishment where the acceptance of a complaint is possible with regard to the assortment of the sold goods, possibly also in the registered office or place of business. The moment of assertion of a complaint is considered the moment when the seller received the claimed goods from the buyer.

6.5.      Further rights and obligations of the parties related to the seller's liability for defects can be regulated by the complaints procedure of the seller, if issued.

6.6.      If the goods do not have the above-mentioned properties, the buyer can also request the delivery of new goods without defects, unless this is disproportionate given the nature of the defect, but if the defect concerns only a component of the goods, the buyer can request only the replacement of the component; if this is not possible, they can withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to the delivery of new goods, or the replacement of a component even in the case of a removable defect if they cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.

6.7.      If the buyer does not withdraw from the contract or does not assert the right to the delivery of new goods without defects, to the replacement of a component or to repair, they can request a reasonable discount. The buyer has the right to a reasonable discount even in the event that the seller cannot deliver new goods without defects, replace a component of the goods or repair the goods, as well as in the event that the seller does not arrange remedy within a reasonable time or that arranging remedy would cause significant difficulties for the buyer.

6.8.      Unless a longer period is stated for individual goods, the buyer is entitled to assert the right from a defect that occurs in consumer goods as follows: a) for new goods within a period of twenty-four months from receipt; b) for unpacked goods within a period of twenty-four months from receipt; c) for near-mint goods in accordance with Section 2168 of the Civil Code within a period of twenty-one months from receipt; and for used goods in accordance with Section 2168 of the Civil Code within a period of twelve months from receipt. If a defect manifests itself within six months of receipt, it is considered that the goods were defective already upon receipt.

6.9.      Unless otherwise stated for individual goods, the seller provides a person who purchases within the scope of their business activity a quality guarantee for a duration of twenty-four months from receipt for new and unpacked goods, for a duration of twenty-one months from receipt for near-mint goods and for a duration of twelve months for used goods.

Unpacked goods are considered to be goods that were only unpacked or have damaged or replacement packaging, while such goods were not used and the package contents are complete;

Near-mint goods are considered to be goods that could have been tested or used for a short time, while they may bear aesthetic traces of such use, but these traces have no impact on usability and the goods are fully functional. Used goods are considered to be goods that were used and bear signs of previous use, but are fully functional and all necessary accessories are always part of the package.

6.10.      The right from defective performance does not belong to the buyer if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves.

Article 6.2 of these terms and conditions shall not apply: a) to goods sold at a lower price for a defect for which the lower price was agreed, b) to wear and tear of the goods caused by their normal use, c) in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the buyer, or d) if this results from the nature of the goods

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

7.1.      The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

7.2.      In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 paragraph 1 letter e) of the Civil Code.

7.3.      The handling of buyers' complaints is ensured by the seller via the electronic address: info@lecive-nastroje.cz. The seller shall send information about the settlement of the buyer's complaint to the buyer's electronic address.

7.4.      In the event of a dispute between the consumer and the seller, the consumer can also use the option of out-of-court dispute resolution.

In such a case, the consumer can contact the out-of-court dispute resolution entity, which is the Czech Trade Inspection Authority (http://www.coi.cz) and proceed according to the rules stated there. More information on out-of-court dispute resolution can also be found on the pages of the Czech Trade Inspection Authority. Initiating alternative dispute resolution is also possible via the online form at the pages https://webgate.ec.europa.eu/odr/.

7.5.      The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a defined extent, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.6.      The buyer hereby assumes the risk of a change in circumstances in the sense of Section 1765 paragraph 2 of the Civil Code.

7.7.      These terms and conditions are valid in the wording stated on the seller's website on the day of concluding the purchase contract. The buyer's order is, after its confirmation as a concluded contract between the buyer and the seller, archived for the purpose of its fulfillment and further records, and its status is accessible to the buyer.

8. PROTECTION OF CUSTOMERS' PERSONAL DATA

8.1.      The protection of personal data of the buyer who is a physical person is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended, and under Regulation (EU) 2016/679 (GDPR), which is elaborated in detail in the section Protection of Customers' Personal Data.

8.2.      The buyer agrees to the processing of these personal data of theirs: name and surname, residential address, identification number, tax identification number, electronic mail address and telephone number (hereinafter jointly all referred to as "personal data").

8.3.      The buyer agrees to the processing of personal data by the seller for the purposes of the realization of rights and obligations from the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, they agree to the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope according to this article is not a condition that would in itself make the conclusion of the purchase contract impossible.

8.4.      The buyer acknowledges that they are obliged to state their personal data (upon registration, in their user account, upon an order made from the store web interface) correctly and truthfully and that they are obliged to inform the seller without undue delay of a change in their personal data.

8.5.      The seller can authorize a third party as a processor to process the buyer's personal data. Apart from persons delivering goods, partners ensuring installment sales, partners operating payment systems for the needs of securing payment, primarily in connection with card payment, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

8.6.      Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

8.7.      The buyer confirms that the provided personal data are accurate and that they were instructed that this is a voluntary provision of personal data.

8.8.      In the event that the buyer believed that the seller or processor (article 8.5) carries out the processing of their personal data that is in contradiction with the protection of the buyer's private and personal life or in contradiction with the law, particularly if the personal data are inaccurate with regard to the purpose of their processing, they can:

8.8.1.   ask the seller or processor for an explanation,

8.8.2.   demand that the seller or processor remove the state thus arisen.

8.9.      If the buyer asks for information about the processing of their personal data, the seller is obliged to hand over this information to them. The seller has the right to demand a reasonable reimbursement not exceeding the costs necessary for providing the information for providing the information according to the previous sentence.

9. SENDING COMMERCIAL COMMUNICATIONS AND COOKIES

9.1.      The buyer agrees to the sending of information related to the goods, services or enterprise of the seller to the buyer's electronic address and further agrees to the sending of commercial communications by the seller to the buyer's electronic address.

9.2.      The buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the seller's obligations from the purchase contract fulfilled without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

10. DELIVERY

10.1.      The buyer can be delivered to the electronic mail address stated in their user account or stated by the buyer in the order.

11. FINAL PROVISIONS

11.1.      If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.

11.2.      If any provision of the terms and conditions is invalid or ineffective, or becomes such, a provision whose meaning comes as close as possible to the invalid provision shall step in place of the invalid provisions. The validity of the other provisions is not affected by the invalidity or ineffectiveness of one provision. Changes and supplements to the purchase contract or terms and conditions require a written form.

11.3.      The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.

11.4.      Contact details of the seller: delivery address LÉČIVÉ NÁSTROJE, V Aleji 42, 466 01 Jablonec nad Nisou, electronic mail address: info@lecive-nastroje.cz, telephone: +420 774 600 506, +420 603 481 984.

 

These terms and conditions are valid and effective for purchase in the online store Léčivé Nástroje at the internet address https://www.lecive-nastroje.cz from 10. 2. 2021.

In Jablonec nad Nisou on 10.2.2021