- BASIC PROVISIONS
These GTCs regulate the relationship of parties to the purchase agreement entered into by and between BeVIVID operator Store s.r.o., with its registered office at Tkalcovská 351/3, 602 00 Brno - Zábrdovice, Co. Reg. No.: 04573579, VAT Reg. No. CZ04573579 as the seller (referred to as the "seller") and the buyer and / or the customer who may also be a consumer ("buyer").
A consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with the seller.
The legal relations of the seller with the consumer not expressly regulated by these General Terms and Conditions (hereinafter referred to as the "GTC") are governed by the relevant provisions of Act. No. 89/2012 Coll., the Civil Code and Act. No. 634/1992 Coll., on consumer protection , both in the valid and effective wording, as well as the related regulations.
The entrepreneur is the one who independently carries out on his own account and the responsibility for gainful activity in a trade or similar way, with the intention of doing so in a consistent manner in order to make a profit.
Any person who concludes agreements related to his own business, manufacturing or similar activity or in the independent occupation, or a person acting in the name or on behalf of an entrepreneur, is also considered to be an entrepreneur.
The entrepreneur is considered a person registered in the Commercial Register and / or a person who has a business license or another authorization under another law.
The legal relations of the seller with the buyer who is an entrepreneur not explicitly regulated by these GTC or the agreement between the seller and the buyer are governed by the relevant provisions of the Act. No. 89/2012 Coll., the Civil Code as amended, as well as related regulations. In the event of any discrepancy between the GTC and the individual agreement, the text of the individual agreement shall prevail.
The Buyer confirms that he has become familiar with these GBCs and agrees with them, in the version valid and effective at the time of sending the order.
Buyer is aware that buying products that are in the seller's business offer no rights to use the registered trademarks, trade names, company logos or patents of the seller or other companies unless otherwise agreed in a particular case.
If the buyer is a consumer, the proposal for the conclusion of the purchase agreement is the placement of the offered goods by the seller on the website, the purchase agreement is created by sending the order to the buyer by the consumer and accepting the order by the seller. This acceptance will promptly confirm the buyer with an informative email on the entered email, but the confirmation does not affect the agreement. The resulting agreement (including the agreed price) may be altered or canceled only by agreement of the parties or for legal reasons.
If the buyer is an entrepreneur, the proposal for the conclusion of the purchase agreement is the order sent by the buyer and the purchase agreement itself is concluded when the buyer recieves a binding consent to this proposal from the seller.
Relationships and possible disputes arising under the agreement will be settled solely in accordance with the applicable law of the Czech Republic and will be settled by the courts of the Czech Republic. This is without prejudice to cases where the buyer will be a consumer and will be habitually resident in a state other than the Czech Republic and the choice of law or court adjudication will not be permissible.
The agreement is concluded in the Czech language. If a translation of the text of the agreement is created for the buyer's needs, the interpretation of the agreement in the Czech language shall apply in the event of a dispute over the interpretation of the terms.
The concluded agreement has been archived by the seller for at least five years after its conclusion, but for the longest period of time according to the relevant legal regulations, in order to successfully fulfill it, and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the agreement can be seen from these business conditions, where this process is clearly described. The buyer has the option to check and, if necessary, repair the order before submitting the order.
The cost of using remotely communication means (telephone, internet, etc.) to make an order is routine, depending on the amount of telecommunication services the buyer uses.
- SAFETY AND INFORMATION PROTECTION
The Seller declares that all personal data is confidential, will be used only in the manner specified in the Seller's separate communication for the processing of personal data, or on the buyer's consent as part of the purchase. Learn about processing your personal information here:
III. OPENING HOURS
Orders through the seller's online stores: 24 hours a day, 7 days a week.
All prices are contractual. The online e- shop is always up-to-date and valid. Prices are final, ie including VAT. any other taxes and charges that the consumer has to pay to acquire the goods, this does not apply to any shipping charges,
The promotional prices are valid until the stock is sold out, when the number of pieces of the goods is stated or the time is determined.
The buyer will receive the goods at the price valid at the time of ordering. The buyer has the opportunity to get acquainted with the total price, including VAT and all other fees, before ordering. This price will be stated in the order and in the confirmation message of receipt of the order of the goods. The buyer has the option of knowing the duration of the offer or the price in force before making the order.
Placing order is possible in the following ways:
- via the e-shop at www.lemory.eu(hereinafter referred to as "e-shop ")
- WITHDRAWAL FROM THE AGREEMENT
Withdrawal from the agreement by a buyer who is a consumer
Buyer has the right to comply with Section 1829 (1) of the Civil Code of the Czech Republic to withdraw from the agreement within 14 days of receipt of the goods if the agreement was concluded by means of distance communication. The buyer consumer has no right to withdraw from the agreement in the case of the supply of goods which have been modified according to his wishes or for him in the sense of § 1837 d) of the Civil Code of Czech Republic, in the case of www.lemory.eu, especially in the case of engraving.
If the consumer chooses to use the right to withdraw, the withdrawal must be sent to the seller no later than the 14th day after the receipt of the goods. In the event of withdrawal, the withdrawing consumer shall bear the cost of returning the goods.
Upon withdrawal, the buyer send the goods to this address:
BeVIVID Store sro
612 00 Brno-Medlánky
You can use the email email@example.com to withdraw from the agreement.
Goods should be reimbursed by the consumer complete, with complete documentation, undamaged, clean, including the original packaging, in the condition and value of the goods he has taken over. In the event that returned goods are incomplete or damaged, the seller may reimburse the returned purchase price for the corresponding amount (in accordance with § 1833 of the Civil Code of Czech Republic).
The money for returned goods including the cost of delivery of the goods will be returned to the buyer within 14 days of withdrawal. If the consumer chooses to buy goods other than the cheapest way of delivering the goods offered by the seller, the seller returns to the withdrawing consumer the cost of delivering the goods corresponding to the cheapest way of delivering the goods. However, the seller is not obliged to return the received funds to the withdrawing consumer before the consumer submits the goods or shows that the goods have been dispatched to the seller.
If the buyer decides to withdraw within the specified time limit, we recommend that you deliver the goods to the seller's address along with the enclosed accompanying description, with the possible reason to withdraw from the purchase agreement (not a condition), the purchase receipt number and the bank account number or whether the amount will be withdrawn in cash or will be drawn for further purchase.
Buyer take notes that if the goods provided gifts, the gift agreement between buyer and seller concluded with a condition that occurs when the usage rights of a consumer to terminate the agreement under § 1829, paragraph. 1 of the Civil Code the gift agreement shall expire and the buyer shall be obliged to return the returned gifts together with the returned goods. If these are not rolled back, these values will be considered as unreasonable enrichment for the buyer.
When all the above conditions for the return of the goods are fulfilled, the claim will be entitled to refund of the sums paid in connection with the returned goods, which will be returned to the buyer no later than 14 days after withdrawal. If the account number is not entered, the amount within the same period is automatically ready to be drawn by means of a further purchase or cash pickup on the basis of an original credit note which is sent to the customer without unnecessary delay after resolving the withdrawal from the purchase agreement.
When issuing a credit note, the buyer may require a personal ID ( "ID") to protect the buyer's ownership rights. By submitting the ID the buyer agrees to the processing of personal data according to point II. (Personal Data within the meaning of Section 4 (a) of Act 101/2000 Coll., on the Protection of Personal Data).
VII. PAYMENT TERMS
Seller accepts the following payment terms:
- Debit or credit card payment
The goods remain seller's property before full payment, but the risk of damage to the item passes through the takeover of the goods to the buyer.
VIII. TERMS OF DELIVERY
The goods can be sent to the buyer via a shipping service. Carrier (not in any case) delivers consignments to EU anywhere within 3-5 working days since the notification from shipment dispatch. The price of the transport is governed by the current price list on the day of the order. If the buyer does not deliver the goods to the buyer for reasons that lie on the seller's side within 10 working days, unless otherwise agreed (subject to the conditions and after all necessary steps have been taken by the consumer, in particular the prepayment, if this form is chosen) the right to withdraw from the agreement (without prejudice to his other rights, such as the right to compensation).
The buyer who is an entrepreneur is obligated (buyer who is a consumer to recommend this procedure) to check the condition of the shipment (parcel number, tape integrity, box damage ) along with the carrier as soon as it arrives. The buyer is entitled to refuse to accept a consignment that is not in conformity with the agreement, for example, the parcel is incomplete or damaged. If the shipper so damaged the buyer takes over from the carrier, it is necessary to describe the damage in the forwarding protocol of the carrier.
An incomplete or damaged shipment must be immediately notified by email to firstname.lastname@example.org, to write down the shipping protocol with the carrier and send it without e-mail or email to the seller without undue delay. An additional claim of incompleteness or external damage to the consignment does not exempt the buyer from the right to complain, but gives the seller the opportunity to prove that there is no conflict with the agreement.
Recommended Shipment - Price according to the current price list on the day of the order.
- LIABILITY FOR DEFECTS ANDWARRANTY
The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the relevant generally binding regulations (in particular the provisions of § 2099 et seq. And 2158 et seq. Of the Civil Code the Czech Republic).
The Seller shall advise the Buyer that the item sold is in conformity with the Purchase Agreement, in particular that it is without defects. By agreement with a purchase agreement, it is understood that the item being sold has the quality and utility features, the seller, the manufacturer or his agent described or which is mentioned in promotion.
In the event that the Buyer is not in compliance with the Purchase Agreement ("Conflict with the Purchase Agreement"), the buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, buyer's request either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the Purchase Agreement. This is not the case if the buyer knew before the takeover of the matter about the conflict with the Purchase Agreement or the conflict with the Purchase Agreement itself caused. A conflict with a purchase agreement that occurs within six (6) months from the date of receipt of the item shall be deemed to be a conflict existing at the time of its acceptance unless it is contrary to the nature of the matter or the contrary is not proven.
If the goods are not damaged or used, the seller is responsible for defects that appear to be in conflict with the purchase agreement after the item has been taken over during the warranty period (warranty).
Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address at his / her premises. The moment when the claim is made is the moment when the seller received the goods from the buyer.
Furthermore, the warranty does not apply to damage arising from:
- mechanical damage to goods,
- usinggoods in conditions which do not correspond to their temperature, dustiness, humidity, chemical and mechanical effects of the environment directly determined by the vendor or manufacturer,
- unprofessional installation,handling, or neglect of the care of goods,
- customization of the goods by the customer,
- damage bynatural elements or force majeure.
The consumer is informed by electronic mail, by telephone or in writing, within 30 days of receipt of the complaint .
- Control body, resolution of the complaint
The controlling authority supervising the seller's activities is:
Czech Trade Inspection Authority
120 00 Praha 2
This authority can be contacted with complaints about the seller's activities in the cases of generally binding regulations.
With a complaint about the seller's business, it is also possible to contact the seller directly at email@example.com.
- Final Provisions
These General Business Terms and Conditions are valid and effective from 1.7.2018 . Seller reserves the right to change the GTC without prior notice.